CCJ from parking ticket on credit file

Sjones2188

nosferatu1001 said:

No, for 2) we are clearly not talking about your mums!
We are talking about where you actually were living at the time the claim was issued
Becuaae the claimant should have tried to find you, and we are trying to determine if you were easy to find
Obviously, we are not talking about the address they already had. 

I was living in student accommodation near to university at the time. The best way to contact me would have been through the university as they would have known I attended due to me parking there in the first place.

Sjones2188

At my uni flat, all the bills were in my flat mates name and not mine unfortunately. 

Sjones2188

I am more than willing to pay the line and any consent order costs so from researching other posts. I have drafted this....

I am writing to request for my CCJ issued on the 18th November 2020 for the amount of xxx to be set aside with consent, settled and withdrawn. On xxxxxxx, I received an email stating my credit score had changed. I logged into my account and was shocked to see that I had been issued with a CCJ on the 18th of November 2020. I understand this is a common request you may receive but I would appreciate if you read my circumstances fully and provide your consent on the basis of evidence of CPR Part 12 with a real prospect of defending the claim and the overriding objective under Part 1 alongside Part 12 other good reasons why.

I contacted Northampton County Court as soon as I noticed the CCJ (date) for more information, whereby they provided me with details that it was a default judgement against me (the defendant) for a PCN dated (xxx) from (parking company) . They advised me that yourselves were acting on behalf of First Parking LLP and the courts provided me with a telephone number for you. 

I contacted DCB Legal (yourselves) via telephone on the same day to find out what information you had relating to this PCN as I did not know anything about this and thought it was a mistake. You advised me that the letters regarding the PCN and the CCJ had been sent to my old address and for me to contact citizens advice. On (date) I had a telephone consultation with citizens advice who advised me to clarify some more details with yourselves and the courts. On (date) I re-contacted Northampton County Court for an email copy of the claim form. I was then able to access photographs of my car in the car park at Lancaster University where I parked in a staff only bay. On that day I had an exam at University which I was running late for and due to there being no spaces in the other parking bays, I parked in the staff only bay as I didn’t want to miss my exam. The photos of my vehicle also displayed my car with a notice on my window screen which to my honest held belief I do not recall receiving when I returned to my car as I know I would have responded and paid the invoice.

When I contacted yourselves on 15/02/21, your adviser clarified the below points:

• Letter of claim posted 9th September 2020 
• Claim form issued 26th October 2020
• Date of issue 2nd November 2020
• CCJ awarded 18th November 2020

The address linked with this PCN was: (xxx). I moved address to (xxx) on the 30th July 2020 and moved a second time to (xxx) on 30th October 2020.

At the time the PCN would have been issued I was residing in a flat with a friend close to Lancaster University for my studies. During that period I was struggling with my mental health and did not have a good relationship with my mother who owned the Bamburgh Drive address. If any letters were posted to Bamburgh Drive during my time at Univeristy, I did not receive them from my mother.

I notified DVLA of my change of address to (xxx) for my photo-card at the beginning of November 2021 and also believed I updated my V5 log. 

On 13th October 2019 I part-exchanged the vehicle in question (VRM) and notified the DVLA that I was no longer the registered keeper of the car . 

As I have not had any reasonable opportunities to receive any letters regarding the PCN or the CCJ, I believe the CCJ to be unlawful and regardless as I did not have any chance to defend myself or pay the invoice. Under civil procedure rules, there could have been reasonable steps to ensure the correct address was used if a defendant does not respond for a sustained period of time before issuing service court claim. From speaking to one of your advisers on 15th February 2021, she could not provide me with any details on what efforts you made to locate my current address. 

I pride myself in ensuring I have a good credit rating, keeping on top of paperwork and managing and paying bills in a timely manner. Therefore this CCJ is embarrassing and appears out of place with my credit history and personal conduct (CPR – Part 1). I can assure you I would have paid the debt had I known about the PCN in question as the amount of money involved was not of a high cost and therefore I could have made the payment of the reduced £45 invoice. I am an organised person and I have been working hard to keep my credit in good order in hope of a mortgage.

I am a key worker and in this current climate of covid-19, this situation regarding the CCJ is stressful, upsetting and is severely affecting my mental health as I am worried about the prospects of obtaining a mortgage in the near future. I would like to settle this in the quickest and most justified way possible whereby both parties are happy.

Under Part 1 of the CPR, the removal of the CCJ means a lot to me and my future circumstances for myself. I was parked for a short period of time and the amount of the invoice is a small amount which therefore a CCJ feels out of proportion to the amount of money involved for the life impact this will have on me alongside the implications it is having on my health.

The CCJ has only recently been issued meaning I have the 6 years ahead of me with this impacting any sort of credit and could potentially affect my current job role. 

I honestly believe I did not receive the PCN displayed on the window screen and furthermore I did not receive any paperwork, claims pack or any letters regarding the CCJ. It was sent to an old address which I had moved from so I was not given a chance to defend myself or pay the invoice which under CPR Section 12 I feel I should be entitled to.

I feel I have good reasons and a reasonable prospect of successfully defending the claim which I understand means that if the court grants my application to set aside I shall be entitled to the application fee of £255 from yourselves.

However, in light of wanting to come to a swift agreement to settle the case justly with proportionate costs in a timely manner whereby both parties are on equal footing. On receipt of signed consent I shall file this to the court myself and I am willing to pay the £100 consent fee.

I would like the CCJ set aside and following this being processed by the court I am willing to pay the invoice to yourselves to settle the invoice fully and have no further correspondence and orders.

If my offer is refused then I will make a set aside application to the court which would need to include repayment of the £255 application fees I make, from yourselves, if successful.

In line with acting promptly I cannot delay to make the set aside application further therefore please respond within the next 5 days if you confirm your consent or refusal. I feel it is in both our best interests to settle the invoice justly in this way as it is in proportion to the case and the amount involved.

Yours faithfully,

XXXX

nosferatu1001

Sjones2188 said:

nosferatu1001 said:

No, for 2) we are clearly not talking about your mums!
We are talking about where you actually were living at the time the claim was issued
Becuaae the claimant should have tried to find you, and we are trying to determine if you were easy to find
Obviously, we are not talking about the address they already had. 

I was living in student accommodation near to university at the time. The best way to contact me would have been through the university as they would have known I attended due to me parking there in the first place.

So at the time the claim was issued you were living in student accomodation? yes or no
How could they have known you were a student? You do realise other people than students can park there? 

nosferatu1001

What about
mobile phone bill
electoral register
etc

all at the time thte claim was issued, or in the immediate time before. 

blackdog2220

Sjones2188 said:

henrik777 said:

Sjones2188 said:

Parking date - 21/05/19
Letter of claim - 09/09/20
Claim form issued - 26/10/20 (Date of issue 02/11/20)
CCJ awarded - 18/11/20
1st House move - 30/07/20 (Didn’t tell DVLA as it was a temporary move but was on the electoral role)
2nd House move - 30/10/20 (DVLA have been updated with new address)

1. What efforts did they make to find you ?
2. Had they made any were you there to be found ?
3. Was this clearly a university address ?

1. I assume they contacted DVLA
2. I am not sure what you mean, sorry?
3. Yes it clearly a University address as Lancaster University is a Campus Uni.

1. I assume they contacted DVLA
they are inly allowed to ask the DVLA ince for your info , with a ticket on car this would be after 28 days but before day 56
3. Yes it clearly a University address as Lancaster University is a Campus Uni.
but was this address the one on your v5 at date of ticket 

Sjones2188

nosferatu1001 said:

Sjones2188 said:

nosferatu1001 said:

No, for 2) we are clearly not talking about your mums!
We are talking about where you actually were living at the time the claim was issued
Becuaae the claimant should have tried to find you, and we are trying to determine if you were easy to find
Obviously, we are not talking about the address they already had. 

I was living in student accommodation near to university at the time. The best way to contact me would have been through the university as they would have known I attended due to me parking there in the first place.

So at the time the claim was issued you were living in student accomodation? yes or no
How could they have known you were a student? You do realise other people than students can park there? 

Yes. That is true.

Sjones2188

nosferatu1001 said:

What about
mobile phone bill
electoral register
etc

all at the time thte claim was issued, or in the immediate time before. 

No. I didn't change my address for anything at university, other than registered to a different GP. 

Sjones2188

blackdog2220 said:

Sjones2188 said:

henrik777 said:

Sjones2188 said:

Parking date - 21/05/19
Letter of claim - 09/09/20
Claim form issued - 26/10/20 (Date of issue 02/11/20)
CCJ awarded - 18/11/20
1st House move - 30/07/20 (Didn’t tell DVLA as it was a temporary move but was on the electoral role)
2nd House move - 30/10/20 (DVLA have been updated with new address)

1. What efforts did they make to find you ?
2. Had they made any were you there to be found ?
3. Was this clearly a university address ?

1. I assume they contacted DVLA
2. I am not sure what you mean, sorry?
3. Yes it clearly a University address as Lancaster University is a Campus Uni.

1. I assume they contacted DVLA
they are inly allowed to ask the DVLA ince for your info , with a ticket on car this would be after 28 days but before day 56
3. Yes it clearly a University address as Lancaster University is a Campus Uni.
but was this address the one on your v5 at date of ticket 

No. My uni address was not on my v5.

Sjones2188

I have my contract with the student accommodation and the bills were included in the rent. I was on the tenancy agreement at the time the PCN was issued.