Elderly non driver CCJ default at old address for mobility vehicle of disabled daughter

Albrool

Hi, looking for some advice on how to proceed.

My elderly Mother in law has recently found out that in 2018 a CCJ was awarded against her by default at her old address for an NCP parking charge, MIL has never driven and does not hold a licence.

After some digging we found that the fine was against A mobility vehicle used by carers to transport her wheelchair bound daughter who is non verbal with severe learning disabilities, the vehicle was registered in MIL’s name.

MIL being a non driver did not even know what a log book is and of course did not know to change the address on it when moving in with us 2 years ago in 2017, it would appear that little to no effort was made to find her new address (should have been easy by electoral role)) and the CCJ was entered against her by default.

We immediately paid the CCJ in full but understand that this will now sit on her record for 6 years, this is very distressing to her, can anything be done to expunge this from her records.

Thanks in advance

BrownTrout

Its paid. Move on . Given her age credit products will not exactly be an issue

beamerguy

The system is outdated especially when we have parking scammers and their dodgy legals behaving like the gestapo

This is what Theresa May said back in 2016

Theresa May vows to investigate ‘abuse’ of CCJ system after Daily Mail investigation revealed families being financially crippled over debts as low as 1p

Well, she lied, just one of many lies from this woman

https://www.dailymail.co.uk/news/article-3786132/I-ll-end-credit-rating-scandal-pledges-PM-acts-Mail-exposes-rulings-ruined-lives.html

Maybe Boris could take this further

The_Deep

BT that is most unhelpful, did you not read that MIL is distressed and wants it removed?

beamerguy

BrownTrout wrote: »

Its paid. Move on . Given her age credit products will not exactly be an issue

Even though this person may not want credit in future, the older folk were brought up to never owe money.
A CCJ is a blight and understandable

Even a brown trout gets older (that's if I don't catch them first):)

Snakes_Belly

There are more places than you think do a credit register search. I am fairly certain that auctions do before they give someone a bidding number.

Fruitcake

It is possible to get this set aside and then have an opportunity to defend the original claim, but it costs £255 and needs a fair amount of research and effort to do this.

If that's what you decide to do, I'm sure you will get help from some of the more experienced regulars here.

In any case you should complain to Boris and your MP to complain about this unregulated scam, pointing out the statement made by the former Prime Minister as per beamerguy's post.

Local and national press may also be interested, especially the Daily Mail.

BrownTrout

Snakes_Belly wrote: »

There are more places than you think do a credit register search. I am fairly certain that auctions do before they give someone a bidding number.

I am well aware of this, lots of companies do searches for all manner of things, however a OAP is unlikely to be in the position where they need the use of a credit based product which they dont already have and are unlikely to be granted such a product in any case

BrownTrout

The are only two considerations here.

Was the Claim correctly served ? given the information provided then yes it was, the PPC using the details they had and it would have been served at the last known address. This would satisfy the relevant Civil Procedure Rule of serving of a claim

Has the defendant got a chance of success?, unlikely given the information provided.

Will the Defendant be hindered by a satsified CCJ other then some unfounded worry that she may have some stigma attached to it , again unlikely

Whilst we all may want to have this removed, a blanket answer of "yes apply for a set aside" is all well and good but frankly is not always appropiate

henrik777

Albrool wrote: »

Hi, looking for some advice on how to proceed.

My elderly Mother in law has recently found out that in 2018 a CCJ was awarded against her by default at her old address for an NCP parking charge, MIL has never driven and does not hold a licence.

After some digging we found that the fine was against A mobility vehicle used by carers to transport her wheelchair bound daughter who is non verbal with severe learning disabilities, the vehicle was registered in MIL’s name.

MIL being a non driver did not even know what a log book is and of course did not know to change the address on it when moving in with us 2 years ago in 2017, it would appear that little to no effort was made to find her new address (should have been easy by electoral role)) and the CCJ was entered against her by default.

We immediately paid the CCJ in full but understand that this will now sit on her record for 6 years, this is very distressing to her, can anything be done to expunge this from her records.

Thanks in advance

You need to find out when he "infringement" took place, what the V5 specified as the keepers details, when the DVLA information was accessed, what action the claimant took to find your mother in law in order to use the address they used as "last known address
"

Then you can begin to form your plan to get the ccj set aside.

Whilst it MAY come down to a failure to serve the claim correctly, and a mandatory set aside, for which there is no deadline, it may also come down to a discretionary set aside which requires the application to be made promptly. So don't hang about.

BrownTrout

The_Deep wrote: »

BT that is most unhelpful, did you not read that MIL is distressed and wants it removed?

That is unfortunately frankly irrelevant.