CCJ without my knowledge

Johnersh

Two threads here. We need an admin to merge them, I think. 

nosferatu1001

OP you're jumping too far into this. You cannot keep posting. You need to stop and READ

this is justice. They filed a claim stating you lived at OLD ADDRESS and confirmed it with a statement of truth. You failed to file a defence as you didn't know about it. You automatically then lose. So justice has a way to reset back - but it has to have a test. This is set aside. 

Once you've read some more the process will hopefully make more sense. But please don't whine at us. This isn't our fault. It doesn't help you resolve this issue. 

Le_Kirk

The CCJ has been issued by "County Court Business Centre". I checked for this online and called them today. They told me that the reason for the CCJ was an unpaid parking fine from "Civil Enforcement Ltd" in Liverpool.

Submit a SAR by e-mail to dataprotectionofficer@ce-service.co.uk asking for all data relating to you and any vehicles registered to you.  You can use the SAR help in the NEWBIE sticky and your English looks fine to me.

Sebastian83

Many thanks for all the responses.

In the meantime I read a lot in different threads and also checked the application form itself and although I see a lot clearer today than yesterday there are still a lot of questions on my mind.
Also I got a response from a solicitor who I send an email to yesterday and this response confused me even more.
She said that I could apply at the court, however only of I can proof that I informed DVLA immedately after I moved house in August 2019 about my new address or if I could defend the initial parking fine. 
Well, I obviously can't defend the parking fine as I have no idea what this is about. 
Also I don't have the car logbook anymore as I sold it in December 2019 and I don't recall exactly when I have informed DVLA after moving house.

Now I am really worrying about doing the application and losing the thing and paying £255 more as I have to pay now. 

Redx

It is possible to pay the money and get no further , a chance you take

Or you pay it , the set aside is granted but you fail to get reimbursed

Or you pay it , you get a set aside , plus you get your £255 back then , or it may be deferred and only paid if you win the subsequent court case

Not changing the address is a separate issue , even if it caused the default CCJ , the argument being that the claimant should have done a trace for your new address and served the papers there , they failed , so faults on both sides , hence why a judge decides based on the evidence before them

Without a set aside the CCJ remains for 6 years , even if paid

Coupon-mad

She is not right, not with parking case set asides.    You can get it set aside at the court's discretion or even as a mandatory set aside, based upon the fact that the Claimant should have taken steps to find you.  And you will of course be able to defend it once it is set aside because by then you will have the SAR back.  But don't wait for it.

Read a lot of replies by @henrik777 to learn about the 2 chances you have:

- mandatory set aside = the Judge has to set the CCJ aside
- discretionary set aside = the Judge decides to set the CCJ aside

Sebastian83

Okay. So if I would go for the application, there are still a lot of questions from my side. 
In terms of defence, could I just write that I had and have no possibility to defence the parking fine as no information has been provided to me or would a judge say this argument in invalid? 
Also is it even right that I got a CCJ entered without knowing if I am even the driver or is it enough that I'm the keeper? My car insurance is for me and my wife and from Monday to Friday only my wife takes the car to bring the kids to school, go to supermarkets and so on. I walk to work, so I don't  need the car. Does it makes sense that I would explain this in my application? 
Also I have read a lot of posts about set aside CCJ and read the templates, but obviously I can't just use them. So what exactly could I write into these templates as arguments for myself? 

Than they ask in the application for claimant, defendant, file number and so on. 
Is the information I got about this company and the case number of the court even sufficient to send in an application. 
If I do the application I want to do it ASAP. 

Coupon-mad

You are not writing a defence at this stage.   That's what you need the SAR for and comes a bit later.

 I have read a lot of posts about set aside CCJ and read the templates, but obviously I can't just use them. 

Yes you can, just changed a bit, to talk about the fact you had moved and the Claimant took no reasonable steps to trace your address before filing the claim.  Almost no changes needed to most examples.

Redx

The CCJ is about a court process , nothing to do with vehicles , drivers or insurance per se , it could have been non payment of rent or over a mobile phone dispute or not paying a plumber for fixing your shower

You require the set aside in order to put forward your arguments above , in the subsequent court hearing where it would be about what you say above

As mentioned above , you adapt other recent set aside defences , to suit , few people would start from scratch

Sebastian83

So, the first step would be to send a SAR to the data protection officer via email, right?
Would it be better I also ask the County Court business center if they could send me information they got about this matter?

As a second step would I have to send in an application, at best this weekend? Do I attach to this application things like my driving license with my current address and utility bills and/or council tax bills from my previous and my current address to prove that I have only lived from March till September 2019 at this address and since then at my new address, which was well known?

Regarding the templates, I found several ones. Do you have any recommendation which one I should use for my case and add the facts that I have moved house?

And when do I submit a defense?

Sorry, I don't wanna be a pain, I just wanna do this right. I never had debts or anything in my life and the last two days were just very bad for me and my wife, especially as this CCJ is a real problem in my job as well. So I simply have to get this done.