CCJ from a parking fine

macman

How could the papers have been served to an address that the car was supposedly never registered at? They would have gone to the address on the V5. If so, service was quite proper. The fact that the tenants did not forward them has no bearing on this, it's not grounds for a set-aside.

KeithP

macman wrote: »

How could the papers have been served to an address that the car was supposedly never registered at? They would have gone to the address on the V5. If so, service was quite proper. The fact that the tenants did not forward them has no bearing on this, it's not grounds for a set-aside.

Macman, did you read these statements in the opening post?...

I own a property which I rent out. I visited this property yesterday and my tenants handed me some letters. This was unusual as I have never had mail to this property.

and...

The car was never registered to the address the letters were sent...

Doesn't look like 'proper service' to me.

henrik777

macman wrote: »

How could the papers have been served to an address that the car was supposedly never registered at? They would have gone to the address on the V5. If so, service was quite proper. The fact that the tenants did not forward them has no bearing on this, it's not grounds for a set-aside.

That's a lot of assumptions.

Mistakes can be made in various places.

However the most common assumption is, that serving at an address on a v5 is 100% a legitimate service address. Given the constraints of the KADOE contract and the time lapse in some cases, it's quite simply not always the case.

Each case turns on it's own facts. But if a claimant wishes to pursue someone at an address provided by DVLA, which garners no response to several attempts at contact, without making any further checks to ascertain if it's current or correct, they run the risk that a claim form will be deemed as not having been served. The bigger the gap from incident to claim form the easier it will be to persuade a court that service was invalid.

Egf

Thank you for the replies and helpful information.

The car was registered to my home address and never to the tenanted property.
I never have mail there, not in the two years that these tenants were there anyway so it will have been unusual for them to receive anything, if only they told me.

To get consent for set aside- is this a tomlin order? I did speak to the solicitors about this and they said that I should get confirmation from DVLA that the car was never registered there first as this is how they got the address.

Coupon-mad

The lendercourt . Com website Have a service at £499 for the removal plus court fees.
Is this my best option?

WOW, no, what a rip-off! Forget that expensive so-called service!

IMHO, VCS will not do a set aside with consent and surely you are not planning on paying them?

KeithP

Egf wrote: »

The car was registered to my home address and never to the tenanted property.
I never have mail there, not in the two years that these tenants were there anyway so it will have been unusual for them to receive anything, if only they told me.

I did speak to the solicitors about this and they said that I should get confirmation from DVLA that the car was never registered there first as this is how they got the address.

From time to time Umkomaas writes:

You should email the DVLA and ask which organisations (when and for what reason) accessed the registered keeper's data from them between a range of dates which includes the date(s) of the parking incident(s). You need to provide the registered keeper's full name and address, the address on the V5C logbook and the Vehicle Registration Mark of the vehicle involved in the parking incident.

SubjectAccess.Requests@dvla.gov.uk

This service is free of charge.

Even though you email your request, the DVLA will respond via Royal Mail.

At the same time you could ask them to confirm that the vehicle was never registered at the 'tenanted address'.

Egf

No, I def don’t plan on paying VCS.
I had a valid ticket at the time of parking so it’s crazy that it’s gone this far.
I appealed it, if for any reason the ticket wasn’t valid, they should’ve responded at the time.

I’m going to draft the application to set aside tomorrow and I will post it on here for feedback.
If that’s ok.

I have also filled in the V888 for the info from dvla. If the car comes up at that address (no idea how that could be possible) then I may worry but I don’t think it will.

Egf

Thanks. I’ve emailed them now with your wording, dates added

henrik777

Egf wrote: »

Thank you for the replies and helpful information.

The car was registered to my home address and never to the tenanted property.
I never have mail there, not in the two years that these tenants were there anyway so it will have been unusual for them to receive anything, if only they told me.

To get consent for set aside- is this a tomlin order? I did speak to the solicitors about this and they said that I should get confirmation from DVLA that the car was never registered there first as this is how they got the address.

If the car is, and always has been, registered to your home address, the v5 is all the evidence you need. It's a dated document with an address on it. Dig it out and check what it says. It should be in your possession.

A tomlin order is not a set aside. Usual use of a Tomlin order is to stay a live case so the parties can follow an agreement they have reached without the court ruling for either party, but a clause that reinstates the case following a breach of the new terms. (roughly)

Egf

Unfortunately I sold the car last year and no longer have the paperwork.
Should I wait for the DVLA information to come before doing the set aside application?
Couldn’t find timescales on how long they take