Wife didn't update DVLA with new address. Got a parking ticket we didn't realise which is now a CCJ!

Sam_Brown

Just submitted the witness statement, n244, draft order and two supporting documents. One a proof of address and one the letter from the enforcement agency with visit date to go alongside the note I added stating time is if the essence.

I got a payment receipt and a copy of the front cover with court stamp proving it had been submitted.

Only difference was she said the fee has changed to 50 from 255 if the order includes a motion to stay the writ. I questioned her on this several times and she confirmed it’s a recent change.

Coupon-mad

she said the fee has changed to 50 from 255 if the order includes a motion to stay the writ.

Well if she is wrong then the local court will phone you to make the fee up.

Never heard of that and I suspect she might be wrong (because you need a set aside hearing too) but your application is in, that's the main thing!

Sam_Brown

Good News! Just got a letter through stating the judgement has been stayed until a hearing.

Will I need to update the bailiffs and or parking company or will will happen automatically?

I guess next steps are to prepare for the hearing. I will gather some more proof of address for that time frame as well. Do I need to prepare anything else at all?

Coupon-mad

Update the PPC and bailiffs to stop the latter coming round.

I guess next steps are to prepare for the hearing. I will gather some more proof of address for that time frame as well. Do I need to prepare anything else at all?

Have a look at the results when you search (change to SHOW 'POSTS'):

set aside Judge satisfied

That will show you what the Judge wants to see and hear from you.

Sam_Brown

Rang up the parking company and the women who deals with this is on holiday until Monday. Very convenient as the bailiffs are due on Tuesday.

Rang up the bailiffs and they said we need to phone back this afternoon as they are too busy right now. Another convenience but we will call them back.

Very convenient all around isn’t it! I assume they have some sort of legal obligation to accept the court stay on the writ but what if we can’t get hold of them due to delaying tactics? I was hoping the courts would inform them directly.

Coupon-mad

The court will not contact anyone except you & the claimant.

You will have to ensure the whole household is au fait with the issue and knows where the order staying the writ is, when the bailiffs rock up. Don't let them keep the original!

Sam_Brown

We've sent copies via e-mail to both the bailiffs and parking company and I've photocopied the originals and have a few.

To be honest unless they rock up at stupid o'clock we'll more than likely both going to be at work. I'm leaving at about 5:30am and my wife will be out by 7am. Tempted to leave a note for them on the door with a copy of the court documents.

I assume our landlord isn't legally allowed to let them in if they try and be sneaky and go that direction? Just trying to keep all bases covered.

Sam_Brown

Good news. We had confirmation from the HCEO that they’ve received the document my wife sent them and any visits are on hold. No thanks to the parking company who have done nothing but drag their heels for the last week and when my wife rang them today they claimed that the lady who was on holiday last week had gone home early and wouldn’t be able to process it with the bailiffs until tomorrow when it would be too late.

I almost want to take them to court separately for damages for being such a bunch of dicks. Any forums on here that can help me separately with that?

Umkomaas

I almost want to take them to court separately for damages for being such a bunch of dicks. Any forums on here that can help me separately with that?

That's no longer a parking issue, so take a look at how a more legally focussed forum might be able to help. Legal Beagles forum is where to go.

Judge: On what basis are you pursuing this claim Ms S_B

Ms S_B: For NPM being such a bunch of dicks, Sir!

Might need a bit more thought on that one! :rotfl:

Sam_Brown

Had some paper work from the parking company. Essentially three pages outlining the case they will present and then a load of supporting documents etc.

Anyway main point they are going after is we should have updated the DVLA and as we didn’t it’s our fault. I know earlier someone said that didn’t matter but what counter argument do we use? I’ve searched the forums for that specific point and have come up dry. Any chance someone could assist as obviously I’m crap at searching 🤔