BW Legal - Parking fine. CCJ not received. Old address. Applying set aside.

21Moron

Hi guys thanks for the comments, I appreciate it.

Not sure how to do that reply where it brings up the previous comment in a box but in regards to this one:

A SORN'd vehicle still has a Registered Keeper and there is still an obligation to keep the DVLA updated with the RK's details.”

With this, would that not only be an obligation if you were driving? Is it a legal obligation?

I saw it as if you lived in UK, and we’re currently driving a vehicle DVLA should have your correct address.

Toxic Womble
“
But the parking company has no right to seek driving licence details from the DVLA.
“

BW legal advised me they got my address from Britaina parking, who it turn searched for me address via DVLA.

I’m surprised to hear they had no right to do this. Is it more usual for companies to be doing Experian searches or something ?

Thanks again guys.

KeithP

You are confused.

Under current legislation the parking company has the right to ask the DVLA for the name and address of the vehicle's Registered Keeper.
Even if the vehicle is SORN'd, there is still a Registered Keeper.
It is the Registered Keeper's responsibility to notify the DVLA if the vehicle is sold or otherwise disposed of.

This has nothing to do with Driving Licence details which are also kept by the DVLA.

If you keep a motor vehicle or have a driving licence, I strongly urge you to understand your responsibilities. Get it wrong and the DVLA can impose real fines of up to £1000.

21Moron

Ah, I understand.

Didn’t realise this about registered keeper. To be clear, I always have notified DVLA of car being on/off road and being sold or otherwise disposed of.

I didn’t know this about address change esp if having no car on road.

I’m going to have to speak to lawyer to see if still have any ground here.

Thanks

The_Deep

KeithP wrote: »

Also keep in mind that the courts seem to take a dim view of people simply trying to clean their credit record.

I wonder why if it was wrongly besmirched?

OP, get your MP on board. Nine times out of ten these tickets are scams.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

21Moron

Hi

The Deep -

Thanks for the comments! I’ve got the link and will read it over. I will ask my MP also about this, glad gov is seeing it as an issue. to see if that helps, thank you.

To be clear though from the original post the CCJ has legit happened for sure. Not sure what you mean by scam?

I think I might have a defence still on the fact that the my address was definitely updated on October 2018. Which was two full months before court date. If I had received any letters before or even just after I could have paid before or within the 1 month.

I think the fact they didn’t check for 9 months may look bad ?

Thanks

Coupon-mad

My solicitor has advised me he is going to apply for copy of CCJ from court before sending in N244, is this normal, because I’ve read in everyone’s comments about being ‘prompt’ as possible.

Why did he tell you to pay it then?

Did you pay it within 30 days of the judgment?

21Moron

Hi! Thought I should update this as been a while. Currently travelling so WiFi is few and far between.

Reply -
I paid it not in the month after because I first found out 5 months after the judgement.

I paid it quickly because they were threading bailiffs and also because I’m not disputing I owe them money, I’m disputing had I KNOWN I owed them money, I would paid straight away.

UPDATE: we have got consent from BW legal to set aside as long as no costs occurred to their client Britianna Parking.

Could anyone let me know what a normal consent order looks like ? Seems so far my Lawyer is just attaching the email of them saying they consent and using that?

Thanks guys! Really appreciate your help.

Quentin

If you have a lawyer on this then he/she will prepare a consent form for you both to dign

21Moron

Should update further:

The application to set aside with consent has been sent in to court. Lawyer has opted for ‘no hearing’ option.

So far haven’t had to sign anything re consent and so far it seems he is just using an email from them saying they consent.

Will update with what happens.

Thanks

21Moron

Update:

CCJ set aside as of yesterday. The case got transferred to Southampton and then they attempted to transfer to Sussex.

My lawyer kindly requested them to deal with there as it already had consent so should be a 10 min case.

I am very pleased, and it goes to show you can pay a legal company and then afterwards get set aside if your argue your case about change of address.

Thanks for all your help on here guys as I used some parts in the WS. Particularly the QC Heald reference.

Good luck to anyone reading this.