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CCJ at previous address from PPC

Hi all,

I have read the newbie guide but would really appreciate some advice as i believe my circumstances are more complicated but if i have missunderstood then please also point me in the right direction.

I randomly checked my credit file yesterday and discovered a serious drop in credit rating due to a CCJ. I rung Northampton County court and they told me that the judgement was on behalf of UK Car Park Management for £273

The CCJ was issued in June 2019 at my previous address

I have been at my current address since June 2018 ao did not receive any court summons or opportunity to pay within 30 days

The car i use is a leaseplan vehicle who are the registed owners however its provided through my company car scheme.

I can only presume that the lease company provided my details to the PPC however as ive never seen any correspondence im unaware of the actual details of the PCN

My details would not have been obtained through dvla as im not the registered owner

I would like to attempt to get the CCJ set aside based on not receiving the summons but also understand this is more likely if i have a case against the charge

Before applying for the set aside is there a defence that i should present based upon not being the owner and not having a logbook?

Do i need to request all information from the actual solicitor or PPC via SAR?

Im unsure how to defend a case for a lease car given that i have no details of the parking charge

Any help is much appreciated, thanks in advance
2 CCJ's coming off in July and September 2011:j
1 Satisfied Default for a measly £81:mad:
£200 Capital One, £1500 Barclays Overdraft, T-Mobile Contract:cool:
«1345678

Replies

  • KeithPKeithP Forumite
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    My details would not have been obtained through dvla as im not the registered owner
    Someone supplied your details to UKCPM, well, name at least, didn't they?

    Did you update the leasing company with you new address when you moved?
  • KeithP wrote: »
    Someone supplied your details to UKCPM, well, name at least, didn't they?

    Did you update the leasing company with you new address when you moved?

    I didnt update the lease company directly but i did update my employer who are supposed to update all 3rd party suppliers. But yes i can only presume this is how they have my previous address.

    Is there still a chance of having the ccj set aside given that i would have been traceable at my current address?


    Really appreciate your response
    2 CCJ's coming off in July and September 2011:j
    1 Satisfied Default for a measly £81:mad:
    £200 Capital One, £1500 Barclays Overdraft, T-Mobile Contract:cool:
  • Coupon-madCoupon-mad
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    Of course, if you act promptly.

    Do you qualify for help with court fees or are you paying the court £255?

    Read other current set aside threads and fill in the N244 and get your paperwork in by early January.

    You need to explain in your WS (to accompany the N244) that the claim was not served to the correct address and neither was there any fault on your part, and nor did the Claimant obtain your address from the DVLA so somewhere, due to no fault of yours, a wrong address has been gleaned for you as hirer/lessee of this vehicle and as a result, service of all letters and the claim was defective.
    Do i need to request all information from the actual solicitor or PPC via SAR?
    The PPC - by emailed SAR, as per their data privacy page.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
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  • Thanks so much for the reply

    I will be paying the £255

    I have today requested all information using SAR template

    I have actually found out the details from an email that was sent from the lease company, the timeline of events is as follows

    22/3/18 parked in hotel car park in a disabled bay - it was late at night and i was in a rush but im not sure if this is even relevent as its a charge not a fine

    24/4/18 demand from PPC sent to lease company

    2/5/18 notification from lease company emailed to me stating that my details have been provided to PPC and liability transferred

    30/6/18 i moved to new address

    Unaware of any correspondence that may or may not have been sent to old address

    My new details were updated to lease company by my company

    June 2019 - CCJ issued

    So essentially its not even an error on updating contact details, they were correct when lease company supplied them at which stage i believe it was still just an invoice?

    So i presume my plan of action for.set aside is as follows?

    Request set aside using method on this forum

    Reason for set aside as per response above

    Defence should be as per normal lease response ie documents were not issued to me

    Would this be a reasonable course of action?
    2 CCJ's coming off in July and September 2011:j
    1 Satisfied Default for a measly £81:mad:
    £200 Capital One, £1500 Barclays Overdraft, T-Mobile Contract:cool:
  • The_DeepThe_Deep Forumite
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    The amount they were awarded was almost certainly more than the law allows, read this


    https://forums.moneysavingexpert.com/showthread.php?t=6014081
    You never know how far you can go until you go too far.
  • UmkomaasUmkomaas Forumite
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    22/3/18 parked in hotel car park in a disabled bay - it was late at night and i was in a rush but im not sure if this is even relevent as its a charge not a fine
    If you do not have protected characteristics under the Equality Act 2010, and/or a Blue Badge, you might get a very hard time with a Judge. You might get the set aside based on not receiving the court claim, but any subsequent defence against the charge will be on pretty shaky ground, in my opinion.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • Is there a particular defence that i should put forward for this scenario?

    Or do you think i should try and get set aside with consent due to not recieving the court claim?.
    2 CCJ's coming off in July and September 2011:j
    1 Satisfied Default for a measly £81:mad:
    £200 Capital One, £1500 Barclays Overdraft, T-Mobile Contract:cool:
  • Also as its a lease car is my defence not the same still ie keeper but not driver?
    2 CCJ's coming off in July and September 2011:j
    1 Satisfied Default for a measly £81:mad:
    £200 Capital One, £1500 Barclays Overdraft, T-Mobile Contract:cool:
  • Umkomaas wrote: »
    If you do not have protected characteristics under the Equality Act 2010, and/or a Blue Badge, you might get a very hard time with a Judge. You might get the set aside based on not receiving the court claim, but any subsequent defence against the charge will be on pretty shaky ground, in my opinion.

    I may be clutching at straws here but i do have a chronic back condition that i have been recieving physiotherapy and osteopath treatment for.

    Would this be an argument for using a disabled bay in a private car park?
    2 CCJ's coming off in July and September 2011:j
    1 Satisfied Default for a measly £81:mad:
    £200 Capital One, £1500 Barclays Overdraft, T-Mobile Contract:cool:
  • henrik777henrik777 Forumite
    3K Posts
    Part of the Furniture 1,000 Posts Name Dropper
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    Thanks so much for the reply

    I will be paying the £255

    I have today requested all information using SAR template

    I have actually found out the details from an email that was sent from the lease company, the timeline of events is as follows

    22/3/18 parked in hotel car park in a disabled bay - it was late at night and i was in a rush but im not sure if this is even relevent as its a charge not a fine

    24/4/18 demand from PPC sent to lease company

    2/5/18 notification from lease company emailed to me stating that my details have been provided to PPC and liability transferred

    30/6/18 i moved to new address

    Unaware of any correspondence that may or may not have been sent to old address

    My new details were updated to lease company by my company

    June 2019 - CCJ issued

    So essentially its not even an error on updating contact details, they were correct when lease company supplied them at which stage i believe it was still just an invoice?

    So i presume my plan of action for.set aside is as follows?

    Request set aside using method on this forum

    Reason for set aside as per response above

    Defence should be as per normal lease response ie documents were not issued to me

    Would this be a reasonable course of action?



    I submit that the CCJ should be set aside under CPR 13.2 (a) as the claim form was never served.

    CPR 13.2 states

    13.2 The court must set aside a judgment entered under Part 12 if judgment was wrongly entered because–

    (a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied


    CPR 12.3(1) states

    12.3

    (1) The claimant may obtain judgment in default of an acknowledgment of service only if –

    (a) the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and

    (b) the relevant time for doing so has expired.

    The relevant CPR for acknowledgment of service is cpr 10.3 which states

    10.3

    (1) The general rule is that the period for filing an acknowledgment of service is –

    (a) where the defendant is served with a claim form which states that particulars of claim are to follow, 14 days after service of the particulars of claim


    CPR 6 deals with service.

    As i did not give an address to the claimant at which i could be served, primarily because i was not asked, CPR 6.9 applies.

    CPR 6.9 stipulates that an "Individual" should be served at their "Usual or last known residence."

    The claimant, having not obtained an address directly from myself, and having obtained an address from a 3rd party quite some time ago and received no response, did not have the requisite knowledge nor perform the requisite "reasonable diligence" required to find my correct address in order to serve the claim form.

    In Collier v Williams [2006] 1 WLR 1945 (CA) LJ Dyson said

    "What state of mind in the server is connoted by the words "last known"? … As we have said, there is an important distinction between belief and knowledge. It is a distinction particularly well understood in the criminal law, but elsewhere too. 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. We arrive at this conclusion on the basis of what we understand the words to mean. We do not believe that there are any policy reasons which require us to give the words a strained or unusual meaning. The risk of satellite litigation is inherent in whatever interpretation is adopted. It is true that a defendant who has not in fact received the claim form should have no difficulty in setting aside a default judgment. But it is not desirable that defendants should be put to the trouble and expense of making applications to set aside default judgments."

    Whilst these comments were obiter they were given further credence by

    HHJ Hacon in MB Garden Buildings Ltd v Mark Burton Construction Ltd & Anor [2014] EWHC 431 (IPEC) (28 February 2014)

    HHJ Behrens in Broadside Colours And Chemicals Ltd, Re (No 2) [2012] EWHC 195 (Ch) (20 February 2012)


    In Broadside Colours And Chemicals Ltd, Re (No 2) [2012] EWHC 195 (Ch) (20 February 2012) it would appear that obtaining the information from a source that an individual is required by law to keep updated is adequate knowledge. However, i would submit that it is incumbent to have recent knowledge and not outdated knowledge as HHJ Hacon put it in MB Garden Buildings Ltd v Mark Burton Construction Ltd & Anor [2014] EWHC 431 (IPEC) (28 February 2014)

    "However I am in any event not persuaded by Ms Michaels on this point. The logic of her submission is that a claimant must conduct his inquiries into a defendant's whereabouts on the very date on which the step required for service within the meaning of CPR 7.5(1) is carried out, e.g. posting the documents. That seems to me to be an unnecessary burden and I doubt that it is what the Court of Appeal had in mind in Collier v Williams. I take the view that if a claimant has carried out inquiries with reasonable diligence as to the defendant's last known residence before that date and on that date it was objectively reasonable for the claimant to believe that the defendant's residence remained unchanged, then on that date it is still the defendant's last known residence for the purposes of service by that claimant. Of course the longer the delay between the inquiries and the date of the step required for service the harder it will be for a claimant to establish that there was good service.
    In the present case MBGB's inquiries were sufficient to give it actual knowledge on 8 November 2012 that Mr Burton lived at 23 Irvine Place (which he did). No reason has been advanced as to why MBGB should not reasonably have believed on 12 November 2012 that he still lived there. In my view his last known residence on that date was still 23 Irvine Place so far as MBGB were concerned."
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