Just discovered CCJ on file - can probably get original ticked cancelled - what to do about CCJ?

Chucky1000

Hi, I'm a new member and have read extensively over a couple of days the newbie thread & loads of other previous threads.
Background: My son has just received a BWLegal letter requesting £277.48 relating to a PCN issued by PPS in 2015, he subsequently checked credit file & discovered a CCJ dated October 2018. PCN related to his work car park where employees & customers of the business could park for free, management of business would email PPS weekly(?) with customer/staff vehicle reg nos to cancel any potential charges. This one obviously slipped through the net, but now it's known about son can possibly/probably get his ex-employer to contact PPS to cancel it.
This went to court 3 years after the PCN & in that time son had moved 2 or 3 times & never received any correspondence so was totally unaware until the BWLegal letter. He's looking at getting a mortgage soon so getting this CCJ removed is v important.
Questions: If ex-employer can get PCN cancelled would a set aside be automatic? If he has to apply for a set aside will he have to formulate a defence as well or will the fact that the PCN has been cancelled be enough of a defence? Should he be worried about a timescale here given the CCJ was 18 months ago? 
He has sent SAR to PPS & email to BWLegal saying he's seeking debt advice, to hold for 30 days. Has also contacted previous employer re getting the PCN cancelled but business closed due to corona virus & staff on furlough.
Thanks in advance for any advice.

nosferatu1001

Have you read the newbies thread?
has an entire section on set asides. 

Ralph-y

the newbies thread / discussion


https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou

Ralph

henrik777

His ex employer cannot get it cancelled.

It needs set aside. Prompt action is required.

 I would contact the ex employer as if they are willing to sort things it might be the easiest course of action. OR t could be a major PITA if they think they just need to pay it. If the ex employer get the hounds to accept a set aside that the ex employer sets in motion, and probably pays the costs of, that would be ideal. You can't tell without asking and you'd want to be kept in the loop and ensure that it's happening and quickly. (because you don't want strung along wasting time).

At the same time, find out why nothing was ever received, what the claim is etc by contacting the courts. If it needs dealt with by you guys you're going to need as much pertinent information as possible.

Le_Kirk

Chucky1000 said:

He has sent SAR to PPS & email to BWLegal saying he's seeking debt advice, to hold for 30 days. Has also contacted previous employer re getting the PCN cancelled but business closed due to corona virus & staff on furlough.
Thanks in advance for any advice.

There is/was little point in doing this as the court has decided to impose its judgment, i.e. your son has to pay the claimant so there is nothing to be held for 30 days.  It is reading the NEWBIE sticky time (as advised by others) all about set-asides.  Is your son's address on the V5C now up to date?  Don't guess, get him to look.  There is a fine (a real one) of up to £1,000 for failing to keep that document updated.  When one moves, it is the driving licence AND V5C that need to be updated.

Half_way

It can not be cancelled, as above it must be set asside.

 If the former employer has stated they wish it to be cancelled then they shold be held liable for the issuing of the pakring charge in the first place, as well a all the costs associated.

Do not attempt to pay the CCJ as in doing so it will still remain on record, all be it marked as satisified it will still drasticly affect the abulity to get credit, (new car/phone contract/mortgages etc etc) and may even affect some job prospects

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Chucky1000

Thanks for your comments so far.
henrik777 - I will contact the court tomorrow for info. Also pursuing ex-employer but difficult as it is a pub/restaurant so closed and most staff on furlough atm. I understand this needs to be dealt with as soon as possible but please can you clarify the need for "prompt action required" - are we working to a timetable we don't know about? Is there a clock ticking?  as the CCJ was Oct 2018 and the PCN sometime in 2015?
Le_Kirk - The PCN relates to a previous car sold quite a while ago. Current V5C has correct address.  

Le_Kirk

Noted re previous car.  Does the parking company and their agent(s) now have your correct address for service?  The clock on getting a CCJ set aside starts as soon as you discover it, not when it was issued.  It is up to you to prove you only just discovered it and to react quickly.  You need a good reason for getting it set aside rather then credit washing, which courts don't like.

Coupon-mad

There is no deadline if the service of the Claim was defective. 

Read loads more of henrik777's replies by going to his profile page and reading his replies on all the set aside threads these past few months, as this has been covered in detail.

Unlike in some recent threads, it is not 3 weeks in any case, to act 'promptly'.  That was made up.  But it is a good idea to act promptly and deal with the set aside.  That does not mean offering the PPC money or paying it off, but it IS a good idea to email them to see if they will consent to the set aside, given that (it seems) service of the claim was defective and went to an old address.

This is all covered by @henrik777 's posts...several times over!

We assume the keeper failed to update their V5C when moving house years back, and just changed their driving licence?   Oh dear.  I so wish people wouldn't do that.

Chucky1000

Le-Kirk - BW Legal have correct address and PPS also, via the SAR sent a couple of days ago. Hopefully a good reason would be that it shouldn't have been issued in the first place as he was entitled to free parking as a staff member, as were customers to the establishment.

Coupon-mad - Don't know if the service of the claim was defective as have absolutely no details at this point, not even the original PCN, so don't know what letters were sent where or when. 

Don't know whether to apply for the set aside immediately or allow a few days to try to contact ex employer to see if they are willing to fight it, and to get a copy of original PCN from BW Legal, and anything from the SAR.