CCJ/N244 Form Advice

Somersethorn

Hi,

Today I found out about a CCJ issued against me through a job that I have applied to performing background checks. The CCJ is in relation to a parking charge. Since then, I have read a considerable number of threads on this forum (an amazing resource which I wish I'd known about sooner) in order to try and get my head around this, but I still have a couple of questions before I fill in the N244 form in order to request the judgement to be set-aside.

Some brief background:

1. September 2017 - Parking charge in relation to my car issued to an old address. I have proof that I was living at a different address to where the charge was sent and I have therefore not seen it
2. May 2018 - CCJ issued to the same address, which again I have not seen

The main outcome that I am after is setting aside the CCJ, as 6 years destroying my credit score (and future mortgage prospects) when I had no idea about being taken to court or the charge even existing seems absurd.

I have read about it being your responsibility to update the creditor on your address, but I have never known that the creditor existed. However, I'm not entirely sure when I changed the address where my car was registered, hence my worry with the N244 form - I assume my car was registered to the old address is everything was sent there.

Does anyone have any advice for me? I feel that I haven't done too much wrong and have had no idea of the charge outstanding. It seems like the N244 forms are quite difficult to get through. Any advice on how to proceed?

Thank you so much if you've taken the time to read this

Umkomaas

Check your vehicle's V5C (logbook) to see what's recorded on that, because if it's still showing your former address, you need to update that with the DVLA, pronto, as they issue fines of up to £1,000. Additionally, should you cop for a speeding charge or council parking penalty, you'll be inviting a whole lot of pain if they are corresponding with a vacated address.

Updating your driver's licence does not update your V5C.

You need to apply for a set aside of the CCJ as soon as you discover it, if that's what you wish to do. If so, the NEWBIES FAQ sticky, post #2, guides you through the procedure. Do not delay it.

If the deadline for payment of the cost award from the court has passed, paying it now will leave you in the same perilous position as not paying it. Don't knee jerk into firing off a cheque, look at all the other options first.

Which parking company is involved here?

Coupon-mad

Advice is to search the forum for set aside & copy one - they pretty much all succeed.

The_Deep

I have read about it being your responsibility to update the creditor on your address, but I have never known that the creditor existed.

Quite so, but it is your responsibility to update your vehicle registration document and your driving licence, (separately). Did you do so in a timely manner?

Somersethorn

Thank you all for your responses.

I've actually sold the car so I don't have the V5C form. Is there any way I can check the address history online?

Given that I moved address for a temporary period (moved in with a friend before moving cities), and the car was up for sale, I'm not convinced that I would have changed address.

To be honest, i'd rather just pay all the fines and fees, I just want to get the CCJ removed - it's destroying my credit rating when i'm looking to buy and I had no idea about it

Quentin

As advised in #2 above simply paying this off now will NOT get it removed from the records

A ccj remains on the register for 6 years (if you pay it off it will be marked satisfied though will still impact your credit status just as if it was unpaid)

As advised the only way to get this removed is a set aside or (if your creditor agrees) a set aside by consent

Bear in mind that the creditor can apply for enforcement of the ccj at any time (eg bailiffs/attachment of earnings etc) and all costs of enforcement will be payable by you

Somersethorn

Thanks Quentin,
I understand that paying will not get the CCj removed.
I am going to apply for a set aside of the CCJ on the grounds that I did not know about it. Can I deal with the CCj and the fine as separate issues - ie get the CCj removed on the grounds of not knowing about the fine and then deal with the parking issue.

A lot of advice seems to be to not contact the parking company. However, I have no information on the charge other than the date and location (which the court provided when I rang up).

Appreciate there are things i could have done differently, but i'm really struggling to understand how a small parking fine which I have no knowledge of can have such an impact on my life and securing a mortgage.

Thanks for all your help

Quentin

Yes.

Get this set aside first.

Then (assuming that the set aside judge orders this) the case can start again from scratch and you will be able to defend the claim

See the FAQ thread #2 on how to get info from the claimant without phoning them, but applying for a SAR

Umkomaas

1. Get the set aside sorted first.

2. If set aside, the Judge might order you to submit a defence of the original claim, or he/she might invite the PPC to reissue a claim (which many don't do, in which case you're in the clear, albeit £255 down).

3. If necessary, defend the original, or new claim. Win and that's it, lose and you'll need to pay the claimant the amount ordered by the Judge by the required date.

All of the above will expunged the current CCJ impacting your credit rating.

You need to pay the court £255 to deal with the set aside application (although there are some concessions that can see that figure reduced considerably - do a search to see if you're eligible). You can only reclaim the £255 from the claimant if you can prove they have erred in the claims process in terms of issuing the proceedings to an incorrect address. However, if you failed in updating your V5C, it's difficult to prove the claimant did anything wrong - the DVLA provided them with the address you gave them.

You should also check out set aside by consent as this is another avenue to explore. You would need the PPC's agreement to this and you would need to pay them the amount already ordered by the court.

Appreciate there are things i could have done differently, but i'm really struggling to understand how a small parking fine which I have no knowledge of can have such an impact on my life and securing a mortgage.

There are families that have lost their homes as a result of a £60 parking charge that went out of control because of either ignoring the original charge, or not having updated their vehicle's V5C. It is why we strongly advise that no PCN is ever ignored - they no longer simply go away.

Please tell us which PPC you are involved with - some can be less unhelpful than others in trying to sort this out.

Somersethorn

Thank again, the responses are a massive help.

Please can you provide some clarity on the process? I know there are plenty of threads on this, I'm just out of my comfort zone and really appreciate the help.

I'm going to apply for a set aside form via the N244 form. Do i need to submit the six point draft order at the same time, or is this to dispute the charge too? Once I have submitted the form, will i need to go to court, or is it all done in absence? And is not receiving the paperwork sufficient to set aside?

I'm not sure what PPC I'm involved with. When ringing the court, they only told me the date and location. A google of the car park in question says it is a company called Parking Eye but as I have not seen the correspondence, I not 100% sure.

I am also quite convinced that I changed my address on my V5C very soon after moving . I am writing to the DVLA to confirm this, but I am unlikely to receive the letter back before I need to deal with this. Any advice on how I can find the address history on an old car more quickly?

Quentin

Take more time to let the process sink in

All covered in depth in #2 of the FAQ.

The set aside section is towards the bottom of that post.

Your set aside questions are covered there

Presumably you changed your driving licence at the same time?? If so check the date on your new licence