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CCJ without due process. What now?

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  • fatbelly
    fatbelly Posts: 22,938 Forumite
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    You could have asked on the parking fines board and they talk you through the setaside process.

    Now it's paid I think it's too late
  • jimbo26
    jimbo26 Posts: 954 Forumite
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    edited 6 October 2020 at 9:13AM
    The CCJ was applied for correctly. The claimant wasn't to know you had moved address and it is your responsibility to update DVLA with your new address. I appreciate you might not want to hear this but the position you are now in is down to you, no-one else.

    Put it down to life experience, a tough one granted, but that's life sometimes.
  • etienneg
    etienneg Posts: 576 Forumite
    Part of the Furniture 500 Posts
    Not only is it your responsibility to notify DVLA, it is a criminal offence not to do so - maximum fine £1,000. It's a pity more people don't know this and act properly rather than not getting round to it.
  • Dr_Crypto
    Dr_Crypto Posts: 1,211 Forumite
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    I don't think it is too late. If you actually have a defence to the case you can still apply to have it set aside as long as you can show reasons why you didn't respond in time. Plenty of people forget to update their particulars with the DVLA and it isn't really a big deal. Maybe ask on the parking board for some more specific advice. 
  • phillw
    phillw Posts: 5,665 Forumite
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    edited 6 October 2020 at 1:44PM
    Dr_Crypto said:
    I don't think it is too late. If you actually have a defence to the case you can still apply to have it set aside as long as you can show reasons why you didn't respond in time. 
    I don't think forgetting to update DVLA when you have a legal responsibility to do so would be a reason, although if you'd just moved and the DVLA were in the process of updating when the correspondence was sent out then that would be different.
    You might be able to swing it if you could come up with a reason to dispute the fine, but getting evidence might be tricky as it's been so long.

  • I had a similar issue which only came to light during mortgage application: mortgage advisor said to send N443 to court regardless of the time lapsed. I’m still waiting outcome on if this will be successful though 
  • Dr_Crypto
    Dr_Crypto Posts: 1,211 Forumite
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    phillw said:
    Dr_Crypto said:
    I don't think it is too late. If you actually have a defence to the case you can still apply to have it set aside as long as you can show reasons why you didn't respond in time. 
    I don't think forgetting to update DVLA when you have a legal responsibility to do so would be a reason, although if you'd just moved and the DVLA were in the process of updating when the correspondence was sent out then that would be different.
    You might be able to swing it if you could come up with a reason to dispute the fine, but getting evidence might be tricky as it's been so long.

    Yes, agree. 
    I think the authority is Denton https://civillitigationbrief.wordpress.com/2014/10/07/denton-applies-to-applications-to-set-aside-default-judgments-hockley-v-north-east-lincolnshire-considered/
    If you have a good defence to the original ticket and can persude the Judge that you have a good reason for not replying earlier (including why you didn't update the DVLA) then it may be worth a punt but it costs £250 to apply for a set aside. 
  • MagnoliaT said:
    I found a CCJ on my credit file on applying for a mortgage. Long story short, I (apparently) hadn't paid enough for car parking in a private car park but as all documentation was sent to an old address, I knew nothing about it until I discovered the CCJ. I panicked and paid £250 to the company who filed the order to satisfy the debt, but my main concern is getting the CCJ removed from my credit file as quickly as possible.
    Any advise would be much appreciated.
    Whats the date for the CCJ ?

    A broker might be an option for you.
  • Dr_Crypto
    Dr_Crypto Posts: 1,211 Forumite
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    edited 8 October 2020 at 9:56PM

    Really? A colleague of mine had a default CCJ he knew nothing about until bailiffs turned up and clamped his car! He had a pay the bailiff company it in full but then had it set aside and got his money back from the bailiff company. 
  • PixelPound
    PixelPound Posts: 3,058 Forumite
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    Dr_Crypto said:

    Really? A colleague of mine had a default CCJ he knew nothing about until bailiffs turned up and clamped his car! He had a pay the bailiff company it in full but then had it set aside and got his money back from the bailiff company. 
    Are you sure they clamped for a CCJ? CCJ's are issued by the County Court, enforcement action by way of a Warrant of Control would have County Court bailiffs turn up - they do not have the authority to seize vehicles. High Court bailiffs can, for instance due to the non payment of Council Tax. 
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