CCJ sent to wrong address i have never lived at.

henrik777

Contact the claimant and court and get the details.

Using an address you've never lived at, and have never nominated as a service address, is a mandatory set aside. You do not have to have a prospect o winning or indeed have a requirement to act promptly. But you should anyway.

[Deleted User]

From the legend that is Gordon Exall CivilLitBlog:

IT CANNOT BE THE “LAST KNOWN ADDRESS” IF THE DEFENDANT HAS NEVER LIVED THERE

In Marshall and Rankine -v- Maggs [2006] EWCA Civ 20 the Court of Appeal held that:

The phrase “last known residence” could not be extended to an address at which the individual to be served has never resided.
When considering an address at which the individual to be served did actually live at some time the court is not concerned with “belief” but with knowledge:
“The draftsman of the rules deliberately chose the word “known”. In our view, knowledge, in this context refers to the serving party’s actual knowledge or what might be called his constructive knowledge, i.e. knowledge which he could have acquired exercising reasonable diligence.”
If you've never lived there it can never have been a last known address... It's not the correct address to commence proceedings and the claim MUST be set aside provided the application is made asap that you knew of the judgment.

Importantly, if you are now 4 months on from the issue of the claim form, the proceedings have never been validly served and are dead. Technically C has to start again, issue new proceedings and serve them if it intends to do so. Don't merely accept a set aside and a new hearing. The claim is statute barred, save that within 6 yrs C can start again if it wants. The error is entirely C's if at one stage they were corresponding to a correct address.

Not confirming an address for service is not an issue either, since the supreme court is clear that there is no duty to warn the other side of their errors or potential errors.

Nav922

The address showing on the credit report & where the CCJ was served... That address has nothing to do with me. I have never lived there, i don't know anyone living there either. I will be contact SCS Law today and asking them for all documents that were sent regarding this because nothing was served to me !
I have no idea where the address came from, Most likely a clerical error !

waamo

Nav922 wrote: »

The address showing on the credit report & where the CCJ was served... That address has nothing to do with me. I have never lived there, i don't know anyone living there either. I will be contact SCS Law today and asking them for all documents that were sent regarding this because nothing was served to me !
I have no idea where the address came from, Most likely a clerical error !

Are you sure it's you? Only one credit agency is showing you having a ccj, all the others show nothing. Trustonline shows no ccj for you and you say you had no problems (in theory) getting a credit card.

Could it be an error by Transunion?

Nav922

When i did the search for trust online, i put my own address in. i didnt put the address for the CCJ. My name on my address would show 0 but if i put that address down it most likely would of come back showing a ccj in my name. I believe the fines etc are for me for parking. i got letters/invoices at my actual home address but there was no court letter or anything served to me correctly, if i had known it went that far i would of paid and cleared it off, i have disputed this on the credit site. I will be contacting UK PARKING CONTROLS & SCS LAW today and getting all documentation emailed to me just to double check it is me & to see where to go from there. i believe its a clerical error & thats not my fault. Everything of mine is updated and registered to MY HOME ADDRESS. So for that reason i should be able to get this removed and costs down if i have to pay for any fines right ?

The_Deep

These are not fines. The amount claimed by the PPC is compensation for the harm they allege you caused them, and the £255 is a charge for a service.

Fruitcake

Nav922 wrote: »

When i did the search for trust online, i put my own address in. i didnt put the address for the CCJ. My name on my address would show 0 but if i put that address down it most likely would of come back showing a ccj in my name. I believe the fines etc are for me for parking. i got letters/invoices at my actual home address but there was no court letter or anything served to me correctly, if i had known it went that far i would of paid and cleared it off, i have disputed this on the credit site. I will be contacting UK PARKING CONTROLS & SCS LAW today and getting all documentation emailed to me just to double check it is me & to see where to go from there. i believe its a clerical error & thats not my fault. Everything of mine is updated and registered to MY HOME ADDRESS. So for that reason i should be able to get this removed and costs down if i have to pay for any fines right ?

But if it is not you, they will not send anything to you at your current address. You need to provide proof of ID with an SAR, but if your address doesn't match the one on the CCJ, you won't get anything back.
On the other hand, you may get a PCN or court claim back if they ever sent one in the past but got the wrong address.
I do worry that by stirring the viper's nest of a parking scammer, you may end up in a worse state.

You say if you put your name AND your current address, there is nothing registered against you.
If you put in an identical name and a different address, you get a hit.
I would suggest therefore that there isn't a CCJ registered against you but against a person with the same name at a different address.

I think overall you may need help that is beyond the scope or ability of this parking forum.

How far away is the "other" address? Is it a case of a different house/flat number but otherwise the same location, or is it a town hours away from your current place of abode?

We sometimes get post redirected from an address that doesn't exist, but in the same street.
For example, post addressed to number 116 which doesn't exist, so redirected to us at 166.

You could write to "your name" at the other address and see what you get back. You would need to pay for this to ensure it is either delivered or returned to sender.

waamo

It's also possible someone else with the same name lived at the other address. If your name is something like John Smith it's not beyond the realms of possibility.

Nav922

So the address showing on the CCJ is literally the next street away, Same flat/house number but with a different street address

Fruitcake

Nav922 wrote: »

So the address showing on the CCJ is literally the next street away, Same flat/house number but with a different street address

You could therefore argue that this is not you, and you should strenuously deny it, especially if you can prove you never lived at that address. It isn't me guv.

See what others think, but personally I wouldn't do anything to draw attention to myself.