Transfer of liability after CCJ

Ginger16

I am about to start disputing a CCJ for my friend who missed out on being served any paperwork (she forgot to update the DVLA of her address from her parents house after they moved which she can demonstrate). So has a default CCJ against her now.



HOWEVER....based on the dates so far it looks like my friend's sister was using the car for work around the time in question, so they are going to have a chat tonight before my friend contacts the PPC for the evidence.



If my friend's sister did turn out to be the driver what would the legal stance be for the PPC? I assume the CCJ would be transferred and everyone would have to pay something before claiming it back? (obv I will do my best to help them defend)


Cheers


*note this is a second separate CCJ situation to the one I raised last week*

Redx

I doubt that any CCJ would be transferred

I believe the CCJ recipient would have to pay £255 for a set aside due to non-receipt of the paperwork , meaning the claimant can continue the original court claim , which if they adhered to POFA means the keeper can be held liable even if they were not driving

if the CCJ holder was successful in court, then the claimant can still go after the driver (if known)

Quentin

Ccj cannot be transferred

It's the defendant to decide whether to pay it off or apply for a set aside if too late to pay it off and have it expunged from the records (you are allowed s month to pay off a ccj in full to then be able to get the ccj removed)

KeithP

Is this related to your other thread?

If so, why have you started a second thread?

Ginger16

I understand the first part but I don't see why the PPC would continue to hold the keeper liable if the driver stood up. Hey ho, i'll get them to request the info and move forward.





KeithP - no, it's totally separate, i'm only providing advice/support to them.

Quentin

The PPC have won a CCJ - at this point they have no interest in anything else but getting paid what a Court has ordered is due to them


Bear in mind that they can start enforcement proceedings (eg bailiffs/attachment of earnings etc) against the defendant at any time throughout the next 6 years


If the driver wants to pay and there is still time to do so and get the CCJ expunged she could pass the judgement amount over to her sister to pay it off