CCJ sent to wrong address i have never lived at.

Nav922

So i have just spoken to SCS law & they confirmed the parking charges and it was for parking at my apartments when i didnt have a pass displayed. They confirmed my registration also. Now they have said they are emailing me all docs across but they have emailed the clients to find out where they have got the address from and again they said either from DVLA or been nominated from registered keeper. So waiting on what the clients say

KeithP

Nav922 wrote: »

So i have just spoken to SCS law...

You ask for guidance then ignore it.

Good luck.

Adean_2

Hi All,
I am in a similar boat and would massively appreciate peoples thoughts!

So yesterday I checked my credit score and found that it was massively low. On checking I found that I have a CCJ that was based on a parking fine for an address I lived at. Basically I rented a removal van to move out of my flat. At that point I still had a permit for the address (but not for this van specifically). The ANPR caught the van and they gave a £180 fine to the rental company who provided my details (which they had for the flat I was moving out of). Thus I never recieved an of the paperwork and only found out yesterday. I have been reading quite a few posts on here about this subject and am going to apply for a 'set aside'. I have drafted my letter to be attached to my N244 form and would be incredibly grateful for feedback or advice from all you lovely people. Thank you

With regards to the claim number ***.
Defendant: **
Claimant: **
Judgment date: 15/07/2019

1. I request that the judgement be set aside
2. I further request that the cost of applying for the set aside be reimbursed.
3a) The original fine and the paperwork for the CCJ were sent to ***.
3b) I (***) moved out of this address on the 15/9/18. Returning only for a brief handover meeting with the management company on the 5th of October at 16:00. There was no post for me on this date and I did not return to the property after this.
3c) I therefore never received paperwork relating this and was unaware of any of it until checking my credit score on the 12/9/19. Whereupon I immediately contacted the court to obtain details. Then I immediately contacted the creditor for further details and spoke to the agent for the property. I then composed this letter and sent it as soon as I was happy all the particulars had been set out appropriately.
4a) The fine was issued for a removal vehicle that I rented from *** (***) to move from *** on the date of the fine 13/9/19. On this occasion I provided my current address (that being *** until the end of the day) as well as other contact details including phone number and e-mail address.
4b) The property management company was aware that I was moving on this date. I had a parking permit on this date to park at this location and had paid rent until the end of the month.
4c) I believed the parking company would be aware that a moving van would be present on this date and thus did not expect a fine.
5a) *** limited sent the paperwork to my original address at which I was not present. All of the ongoing paperwork was also sent to this address and so I never received it and was not able to respond either by paying or contesting the fine.
5b) *** made no attempt to contact me or discover my new address despite the fact that:
5c) I was registered on the electoral roll at my new address (***)
5d) The van rental company would have had access to my phone number
5e) The letting agent for the property (***) had my contact details (e-mail and phone). *** had me as a registered permit holder at this address and so could have contacted the letting agent for my details.
5f) Despite the above no attempt was made and I was thus unable to pay or contest the fine given.
6a) With regards to fine itself I contest based on the fact that the fine was unfair:
6b) I lived at the property and had a permit. Had I received the fine I would have contacted the property agents to have the fine revoked on the basis I was paying rent, had a permit and was using the van to move house. Under these circumstances permission was granted for me to park on this land and so a parking fine is unreasonable and unfair.
6c) On the same basis as the car park was managed by the property agent who then leased me a space the parking agent had no legitimate authority to issue a fine based only on the fact that I was using an alternative vehicle.
6d) In the case of ParkingEye Vs Beavis it was held that the large amount charged in that circumstance was necessary to deter overstaying; if they did not issue penalties then the car park would be unfairly used. In this circumstance I had a legitimate permit for the car park and the fine was delivered because I was using a different vehicle. In such circumstances the ‘overstaying’ principle does not hold.
6e) I would also suggest that an initial parking fine of 182 (which I have found from reading the CCJ details supplied from the court) is excessive in the extreme.
7a) To summarise:
7b) The fine (and other paperwork) were delivered to an address that I no longer lived at. The claimant made no attempt to contact me via other channels despite the fact that my new address was on the electoral register and they had other means to find alternative ways to get in touch. Because of this I had no means to respond to the fine either by paying or appealing it. I also contest the fine was unfair on the bases that I had a permit on this date making the need to enforce a parking fine unnessasary.
7c Based on the above I request that the CCJ be set aside and the fees for this process be reimbursed.

Kindest regards,
***
13/9/19

Coupon-mad

Already answered on your own thread.

Coupon-mad

Nav922 wrote: »

So i have just spoken to SCS law & they confirmed the parking charges and it was for parking at my apartments when i didnt have a pass displayed. They confirmed my registration also. Now they have said they are emailing me all docs across but they have emailed the clients to find out where they have got the address from and again they said either from DVLA or been nominated from registered keeper. So waiting on what the clients say

You did whaaaat??

NO-ONE ever phones a robo claim solicitor or debt collector acting for a scammer and in your case, you do not have a CCJ because you've already been advised here that it was not served to your address.

By contacting the solicitor you appear to be acknowledging it and you have drawn attention to yourself and presumably gave them your current address, to boot?

henrik777

Nav922 wrote: »

So i have just spoken to SCS law & they confirmed the parking charges and it was for parking at my apartments when i didnt have a pass displayed. They confirmed my registration also. Now they have said they are emailing me all docs across but they have emailed the clients to find out where they have got the address from and again they said either from DVLA or been nominated from registered keeper. So waiting on what the clients say

So ask them if they wish to pay £100 to set aside by consent or if they're going to force you to pay £255 to have it set aside which most (if not all) judges will award you in costs, plus time, travel etc

They're now aware of the problem so if they wish to be awkward it'll cost them.

twhitehousescat

Nav922 wrote: »

So i have just spoken to SCS law & they confirmed the parking charges and it was for parking at my apartments when i didnt have a pass displayed. They confirmed my registration also. Now they have said they are emailing me all docs across but they have emailed the clients to find out where they have got the address from and again they said either from DVLA or been nominated from registered keeper. So waiting on what the clients say

umm ,, you were the registered keeper ?

so blame it on the DVLA

better still , why not ask the DVLA and see what they say