CCJ sent to wrong address

Fruitcake

The scammers are supposed to respond by day 30 of receiving the SAR. This is explained in the NEWBIES as well as information on how to do it.

You will need to include proof of ID such as two redacted utility bills/bank/card statements plus the VRM or claim/case number.
Do NOT send photo ID such as passport or driving licence unless you redact the photos.

Fruitcake

Wprice83 said:

The exact same thing has happened to me! i have just signed up to this forum for some advice. mine was also from 2017 and no idea about it until this week. It seems insane that a parking firm can do this and even if you pay it (£350!!) you still have a ccj on record. Best part of it was I wasnt illegally parked! I was at a conference at the hotel!

If you need help then you should read the second post of the NEWBIES then start your own thread.

wannadancewithsomebody

link parking are soon to be no more , act fast while they still have an officce cat 

Coupon-mad

JJ_22 said:

I have asked the court for these details and they gave them to me over the phone with the information I have already provided. I’ll try and ask them for this in writing.

The company was called Link Parking as stated in my previous post. I have asked the dvla for dates of when I reported my change of address and when my details were requested from them so I’ll see what they say. 

I’ll also send a sar ASAP, how long do these usually take? 

STOP DOING THE NON-URGENT STUFF.

Do not ask the court for something in writing just before Xmas when they won't come back to you quickly.

Don't wait for the SAR to come back. You don't seem to have read the set aside CCJ section of the NEWBIES thread.  Your CCJ is far more likely to be from August THIS year than 2017 - but who cares?  The process is the same (see NEWBIES thread) and you MUST ACT PROMPTLY.   

Same as all the other set aside threads, please read about a dozen, then you will know.  You need to get the application in this month if Link won't consent (and if they will consent but want you to pay, the answer is no thanks).

nosferatu1001

As abOve

sar can wait. Writing from court waits. 

What you do is

- ask them to consent as you were never served the court papers. Give them a 5 working day deadline to consent before you file the n244 etc for an uncinsented set aside

- get the following documents done. No arguments. No queries. All of these
- - n244 with the grounds for set aside. CPR13.2 and 13.3. 

- - witness statement to support set aside. NOT FACTS ABIUT THE CLAIM but why you deserve a set aside. 

- draft order you want the court to make
- draft defence 

this isn't optional
yiu must must must do this quickly.  If you do not do so
You
Wikl
Lose 

This one chance to set aside. One and one only. 

JJ_22

I’m confused. If the reason that I didn’t receive the court papers is because I moved address then I assumed that the dates would be important and I don’t know how I can argue my point unless I have these. The dates I have been given by the court are being questioned as they appear to be to close together so I’m unsure how I get these dates from anywhere else. 

My only objective here is to get the ccj removed and get it removed quickly. I am happy to pay the £260 for the ticket and happy to pay court costs I only want the ccj removed. If the parking company were to consent, would I still have to go through all those steps? 

I have read through the newbies thread but I still don’t know the quickest and easiest way to get this removed, regardless of cost.

Johnthegrump

What happened to all your other mail (apart from the court claim) which was sent  to your former address following your move?

wannadancewithsomebody

JJ_22 said:

Link parking, Nothing on the car at the time and hadn’t know anything about it until now. I phoned the court and they gave me the date that the ticket occurred being 14/04/2017. The CCJ on my credit file says the filed date was 22/04/2017

if no ticket was placed on the car , this would be classed as an ANPR type ticket , in order for you , REPEAT YOU , to be held liable , link parking would have had to served a notice to you by the 28/04/2017 , there would have probably been at least one more follow up begging letter approx one month later , say 28/05.2017 followed by letters before court and court papers 
from your earlier posts , you were living at the house for the origional letter and possably the follow up letter 
now let link show that they were sent and indeed sent to the correct address 

Coupon-mad

My only objective here is to get the ccj removed and get it removed quickly. I am happy to pay the £260 for the ticket and happy to pay court costs I only want the ccj removed. If the parking company were to consent, would I still have to go through all those steps? 
I have read through the newbies thread but I still don’t know the quickest and easiest way to get this removed, regardless of cost.

If you read posts by @henrik777 he explains it until he is blue in the face every week here.

Do not pay the CCJ off, that removes the leverage you have to get it set aside by consent, if that's what you want to do.  You do know it was never £260 and that is inflated?

JJ_22

Yes I assumed it would have started off as a smaller amount but increased as they did not get a response. 

I have found out from the dvla that I updated my address about a month after the ccj was filed but I had moved address 3 months prior to that. They have said I would need to do a subject access request to find out the date that link parking requested my details.

do I need to wait for the change of address info for evidence to submit with the n244 or will a witness statement be enough? How would I write to link parking asking to consent? If they did agree to consent would that change how I write the n244 or would I just also include their concern?