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

Herbie2312

Update. Mu solicitor has really !!!!!! me off today. After receiving the claimants evidence to pursue the ccj against me she has emailed saying she thinks I need another defence or I am unlikely to win the hearing and have the ccj set aside. I am ready to ring her neck as there is nothing we didnt expect in the claimants evidence against me that is new or that we didnt expect. My defence is that yes I did  ot update my v5 and I hold le hand up to that but I didnt have a chance to respond to any correspondence as I never received any! I took action the same day I was aware of the ccj by contacting the court and dvla to update my address. Do I deserve a 6 year bad credit and not be able to move out of rented accommodation and apply for a mortgage NO I DONT!!!!
I WANT TO SACK THIS DUMB !!!!!! COW . I have told her that she should have told me this before she agreed to take the case from me that she thought I had no chance of having the set aside based on my reasons
 Any advice at this stage greatly appreciated as telephone hearing is 19th may . 
Thanks

Johnersh

This is a farrago of partial information. Has an N244 been filed to set aside and on what basis? The exact wording in the section "what are you applying for"

Also read this.
https://www.civillitigationbrief.com/2014/05/18/service-of-the-claim-form-service-at-last-known-address-more-dangerbepoints-to-watch/ 

Coupon-mad

She is wrong.  Not updating a logbook is not a reason that someone won't get a CCJ set aside and if you used our template defence it's as good as it gets and wins 99% of the time.

Read these from the MoJ.  They get it, they single out parking firms as causing these unfair CCJs and they don't blame the public and are keen to ensure that people are not unfairly penalised by secret CCJs that parking firms deliberately send to old addresses without carrying out any checks (the word 'deliberately' is in here more than once - look, the MoJ know the score):

 https://www.gov.uk/government/news/action-to-make-the-process-fairer-on-debt-rulings

 https://consult.justice.gov.uk/digital-communications/default-county-court-judgments-2/supporting_documents/defaultcountycourtjudgmentsconsultation.pdf

Also, buried in there somewhere (PLEASE READ ALL OF BOTH LINKS) I recall reading something that told me that the MoJ's view is that someone moving house is a reason to set aside a CCJ if they can evidence the move.  Of course it is, when PPCs fail to make any attempt to check the address was correct!  Not only that, you say the letters were being returned 'return to sender' by the new resident, so that in itself is a reason for a potential Claimant to believe that you had moved away.

Can you type up a short witness statement with the usual statement of truth and go and take it to the new resident and ask if he would kindly sign and date it.  A short WS saying that he did receive letters for you and because he had no forwarding address, he marked them 'gone away - return to sender' and popped them back in the mail to the originator.  Because he didn't open the letters he doesn't know who they were from but there was more than one letter over a period in (2020? when?):

I was told all correspondence went to my old address which then led me to the horrible realisation that my V5 still had this old address. My driving licence has been updated but not the V5.
I went to the old address today and was told that they haven't received anything for me in over a year but everytime they have they returned to sender

henrik777

Post up the application and evidence submitted to the court (sanitised of name and address).

Herbie2312

henrik777 said:

Post up the application and evidence submitted to the court (sanitised of name and address).

Yes  I will do that now. Very large documents with pics of my car etc. Is the way up attach here or will I need to copy and paste? Thank you so much for casting your eye over this 

Herbie2312

Below is the evidence the claimant solicitor have against my case. I'll post my witness statement next

Herbie2312

Witness statement 

Umkomaas

It's difficult to read the screenshots, but the claimant WS shows the claimant as Globe Protection Ltd T/A IG Security, but your WS shows the claimant as (debt collector) ZZPS - can't be them?

Herbie2312

Umkomaas said:

It's difficult to read the screenshots, but the claimant WS shows the claimant as Globe Protection Ltd T/A IG Security, but your WS shows the claimant as (debt collector) ZZPS - can't be them?

Yes I know , for some reason the screenshots are not in order! Sorry! Apparently zzps got taken over by globe or something to that effect. 

Umkomaas

Herbie2312 said:

Umkomaas said:

It's difficult to read the screenshots, but the claimant WS shows the claimant as Globe Protection Ltd T/A IG Security, but your WS shows the claimant as (debt collector) ZZPS - can't be them?

Yes I know , for some reason the screenshots are not in order! Sorry! Apparently zzps got taken over by globe or something to that effect. 

No connection whatsoever, as far as I can ascertain:

https://find-and-update.company-information.service.gov.uk/company/07554967

https://find-and-update.company-information.service.gov.uk/company/07846404