CCJ sent to wrong address

ChickenNugget12

Hi all

2 days ago I checked my credit file to see I had a CCJ issued for £292.21 in December 2018 for a parking ticket I received in January 2016. In June 2016 I moved address.

As soon as I noticed, I called the court, then UK Car Park Management Limited and then Gladstones who are representing UK CPM to explain.

Since doing so they have indicated that they are willing to set the Judgment aside by way of a Consent Order, on the proviso that the debt is discharged in full (£292.91 + £100 for the court's consent order). I pushed back and the reduced it to £205.00.

Ideally I would like to simply pay the original fine fee and feel I have been hard done by. So the latest mail exchange was me asking for them to provide all correspondence they have sent to me.

If I follow the N244 route and pay the £255 fee, what are the chance I will have the CCJ overturned and be reimbursed for the £255?

Any help will be very much appreciated.

tboo

So when you moved address in June 2016 what date did you update the car's V5 log book?

Quentin

It's highly likely that the set aside would succeed

But whether or not you get the £255 back will probably be done only if you win the subsequent claim or the claimant drops the matter

ChickenNugget12

I honestly have no idea - which is a concern with the worry being it may be used against me

ChickenNugget12

"It's highly likely that the set aside would succeed

But whether or not you get the £255 back will probably be done only if you win the subsequent claim or the claimant drops the matter"

Would it be quicker for me to approve the claimant suggestion?
My focus to to get this removed from my credit file as soon as possible.

The_Deep

But whether or not you get the £255 back will probably be done only if you win the subsequent claim or the claimant drops the matter

Are you sure about this Quentin?

How about if you offer to pay the original claim at the lower price in front of a judge. I cannot see the connection between a PCN and a judgement by default sent to the wrong address. Is there any guidance on this?

Quentin

ChickenNugget12 wrote: »

Would it be quicker for me to approve the claimant suggestion?
My focus to to get this removed from my credit file as soon as possible.

Only you know the relevance to you of getting the CCJ off the record quickly!


But accepting the claimants offer will be much quicker then applying for a set aside hearing

waamo

With consent is the quickest way. Without consent is highly likely to be granted in a very similar timeframe but there is no guarantee of the £255 back.

You may also have to defend the original claim without consent.

Quentin

The_Deep wrote: »

But whether or not you get the £255 back will probably be done only if you win the subsequent claim or the claimant drops the matter

Are you sure about this Quentin?

How about if you offer to pay the original claim at the lower price in front of a judge. I cannot see the connection between a PCN and a judgement by default sent to the wrong address. Is there any guidance on this?

When you apply for a set aside you do need to show you have a defence to the claim!


Simply telling the judge you will pay the claim shows it was correct!


If you want to pay a claim that is correct but for whatever reason didn't get dealt with then set aside by consent is the route if you want to get the CCJ off the records

twhitehousescat

tboo wrote: »

So when you moved address in June 2016 what date did you update the car's V5 log book?

whats it matter ?


parking ticket I received in January 2016.

In June 2016 I moved address.

CCJ issued for £292.21 in December 2018


the parking Co would have had to apply to the DVLA within 14 days for an ANPR ticket or within 56 days for a ticket on car

either way the OP would have been at original address in this time span


the parking co can only ask the DVLA once for info , they have failed to use due diligence in tracking the OP before starting court action