CCJ for a private firm parking ticket- incidental find. All correspondence went to old address.

Umkomaas

If a claim is issued to a former address (bad service), my understanding is that a set aside is automatically granted, and especially if the defendant acts promptly to make the application. 

Herbie2312

I spoke to solicitors when I first found out about ccj. At that point they asked for my correct address and I gave it to them . 

KeithP

Herbie2312 said:

I spoke to solicitors when I first found out about ccj. At that point they asked for my correct address and I gave it to them . 

Who are 'they' and 'them'?

henrik777

The company did not make any additional effort to find me they say they dont have to and just need to go by the V5 address

The CPRs apply to them as they do everyone else. An address obtained from DVLA  is only obtainable once and is never guaranteed to be valid forever. Indeed it may be the case that someone has already begun the process of change but as it takes weeks to do it may already be out of date when they get it.

It's rare when someone shows non receipt due to address that they have an issue obtaining a set aside if they argue well and apply promptly. (Not required by 13.2 but many are allowed via 13.3)

Herbie2312

KeithP said:

Herbie2312 said:

I spoke to solicitors when I first found out about ccj. At that point they asked for my correct address and I gave it to them . 

Who are 'they' and 'them'?

The claimants solicitors

Coupon-mad

 I am dependent on the judges goodwill to set aside ccj.

No you aren't. 

If the service of the claim was defective due to them blithely using a years-old address with no checks then set aside is Mandatory. CPR 13.2.

Surely your solicitor didn't tell you that it was discretionary? CPR 13.3.

There are two different routes to set aside, one is mandatory and one is discretionary and what you describe fits both (therefore mandatory).

Herbie2312

Coupon-mad said:

 I am dependent on the judges goodwill to set aside ccj.

No you aren't. 

If the service of the claim was defective due to them blithely using a years-old address with no checks then set aside is Mandatory. CPR 13.2.

Surely your solicitor didn't tell you that it was discretionary? CPR 13.3.

There are two different routes to set aside, one is mandatory and one is discretionary and what you describe fits both (therefore mandatory).

The thing is that the old address was on my V5 so it's my fault for this oversight. I hope you are right coupon . The claimants solicitors are disputing the set aside and say they legally did not have to try and find me before applying to the courts for the ccj and contacting dvla for driver address details was all they needed to do. 

Le_Kirk

Herbie2312 said:

Yes I did give the solicitors of the parking firm my address but I havent recieved anything from them. Have I done something I shouldn't have? 

No, exactly the right thing to do, you do not want court claim papers going to the wrong address and then the PPC/solicitor claims a judgement in default against you.

henrik777

Herbie2312 said:

Coupon-mad said:

 I am dependent on the judges goodwill to set aside ccj.

No you aren't. 

If the service of the claim was defective due to them blithely using a years-old address with no checks then set aside is Mandatory. CPR 13.2.

Surely your solicitor didn't tell you that it was discretionary? CPR 13.3.

There are two different routes to set aside, one is mandatory and one is discretionary and what you describe fits both (therefore mandatory).

The thing is that the old address was on my V5 so it's my fault for this oversight. I hope you are right coupon . The claimants solicitors are disputing the set aside and say they legally did not have to try and find me before applying to the courts for the ccj and contacting dvla for driver address details was all they needed to do. 

Would you consider it your fault if you had sent away your v5 but whilst the DVLA were amending they applied and were given the address you had already applied to change ?

They get to apply once, and once only per incident and NO UPDATES ARE GIVEN IN THE FUTURE.

The rules of the court apply. The laws of updating your v5 do not change that. It would have been easier, probably, if you had updated.

In essence they are saying it's your fault because you didn't follow the rules whilst simultaneously saying they don't need to follow the rules.

Coupon-mad

The thing is that the old address was on my V5.

Errm, same as all the cases here.  Still a mandatory set aside situation because they failed to check your address since getting the unreliable DVLA data.  They had a reason to believe you were not there, due to not hearing from you and also knowing that DVLA data is notoriously unreliable due to the DVLA's systems not updating all databases when people change their address on the driving licence.

The DVLA are a cause of these CCJs.  The Government has been made aware of this in the recent consultation responses.
 

so it's my fault for this oversight. 

Yes and no, but still a mandatory set aside situation. Jeez I hope your solicitors are doing this right because we would have!

The claimants solicitors are disputing the set aside and say they legally did not have to try and find me before applying to the courts for the ccj

They did have to, though.  They are lying.

and contacting dvla for driver address details was all they needed to do. 

Nope, not good enough.   Hope your solicitor realises this?