CCJ in default by Excel Parking, now dealt with by Elms Legal

Tycho6

Hello,

I would like some advice please.

I found out yesterday through a credit search that I have a CCJ against me from March 2020.  It was sent to my previous address and is for £185.  I spoke to the Court today and they told me the Claimant was Excel Parking.  I called Excel and they gave me details of where/when the parking issue arose, but when I asked to speak to someone about trying to agree to set aside by consent they said I would have to speak to Elms Legal who are now dealing with the case.  They said that I had parked in a customer car park and left the site.  I have a parking ticket for the day in question, but do not know where I walked after parking the car due to the passage of time.

I had moved house before the alleged parking violation.  When I moved I updated my details on the electoral role, Driving Licence, insurances etc.  I believe I also updated the V5, but cannot be certain so I submitted and electronic update today to make sure.  I set up a mail re-direct for 12 months, but the alleged violation occurred after this expired.

Before I take any further action I just wanted to check that I was doing the right thing:
I intend to e-mail Elms Legal to inform them I had not received any paperwork relating to the claim as I had moved address and that I have a parking ticket for the date in question.  I would like to have the Judgement set aside with consent and then I am willing to pay the original fine just to have the matter dealt with.  I will prepare the papers and submit them to the Court.

Is this the right course of action to take?

nosferatu1001

1) What precisely is the date of judgment? The CCBC will know this
2) Why was it sent to a previous address? What date was the PCn issued on? Did you update your V5c after your move? If so, precisely when? Were you "there to be found" at the addres you currently reside - council tax, electoral roll, utilities bils, etc
3) Its still not a blooming fine
4) Why would you want to pay? THats insanity. 

Tycho6

nosferatu1001 said:

1) What precisely is the date of judgment? The CCBC will know this
2) Why was it sent to a previous address? What date was the PCn issued on? Did you update your V5c after your move? If so, precisely when? Were you "there to be found" at the addres you currently reside - council tax, electoral roll, utilities bils, etc
3) Its still not a blooming fine
4) Why would you want to pay? THats insanity. 

1) 18/3/20
2) I don't know when the PCN was issued, Excel told me they "sent 5 letters".  I updated Council Tax, utilities, electoral roll, licence and thought I had done V5 within a month of moving.  I've been paying the CT/utilities and voting since moving.  The only one I am unsure about is the V5.
3) I'm not sure what you mean.
4) To get them to agree to the set aside and get it off my credit record asap.  As I am unsure if V5 was updated so cannot say for certain that it was not still in my old address.  All I can say is I have definitely done so (again?) today online.

KeithP

The date you updated your V5c can be found on that document at the bottom of the second page. 

nosferatu1001

1) so you really need a set aside, as thats a year old you still have 5 years before it goes
2) When you called ther CCBC what did the PoC state? You must have the details, as it is imperative., What you need to know is why it didnt get to you, and the date will help you determine this. 
The ENTIRE point is that if, say, the date of incident was 01/01//19, and judgment was obtained 03/20, that implies they filed around a year or so after the PCN; in all that time they had no contact from you so they had NO reason to BELIEVE the address was valid. This means they were obligated to TRACE you. 
SO
We must know this first date. The fact they sent five letters and got no response HELPS YOU. 
3) That this is not a fine. It never was a fine. It was, is and always shall be, an invoice. 
4) But why give it all away? how about
- you filed a claim without ensuring service to a good address
- you WILL lose a contested set aside and you WILL be ordered to pay £255 for the privilege, so how abotu  you agree to a consented set aaside and to dismiss the claim because this will only cost you £100.
But, of course, we need the details above
When you called the CCBC did you get ALL the info the claim form contained? If not, guess what!

Tycho6

- Moved house August 2018 and set up 12 month mail re-direct, changed CT, electoral roll, utilities
- Date of apparent violation 5/10/19
- CCJ judgement - £185 18/3/20
- 2/3/21 Credit search and discovered the CCJ (after 5pm) so CCBC closed until the next day.
- Spoke to CCBC 3/3/21 informed Claimant was Excel Parking, the date and location of the apparent violation.
- 3/3/21 checked my records and have a parking ticket for 5/10/19 so know I was there.  Looked for V5 and could not find it (have had a lot of renovation work so things have been unboxed then re-boxed and moved multiple times since moving) so used the function online at the DVLA to ensure my vehicle is registered to the correct address.

nosferatu1001

Do you get what I was saying in 4?

Tycho6

nosferatu1001 said:

Do you get what I was saying in 4?

Yes, you recommend telling Elms Legal that I am applying to set aside without consent and will claim my costs back from them, unless they consent to my application and agree to drop the original claim?

nosferatu1001

Mostly
its more - you are wanting to bargain. You never lead with the best for them, but the best for you. 
You will also be claiming the cost of the set aside from them no matter which option they pick. You just suggest to them that For £100 and it going away entirely, thery dont have to pay £255 and have to THEN deal with a claim hearing, which costs them more

Tycho6

nosferatu1001 said:

Mostly
its more - you are wanting to bargain. You never lead with the best for them, but the best for you. 
You will also be claiming the cost of the set aside from them no matter which option they pick. You just suggest to them that For £100 and it going away entirely, thery dont have to pay £255 and have to THEN deal with a claim hearing, which costs them more

Yes, that makes sense, thank you.  
Do I e-mail Elms (or should I send it to Excel)
Am I giving too much information if I fill in the blanks here - "On 2/3/21 became aware of a CCJ recorded against me with the claimant being Excel Parking Services.  On speaking to Excel today (3/3/20) they informed me that you are dealing with the matter.  The matter relates to <vehicle> parking at <location> on 5/10/19.  The case was dealt with in Court on 18/3/20 which stated my address to be XXXX.  I moved from that address before the date of the alleged violation.  I have never received any correspondence in relation to this matter and only became aware of it as a result of a credit check.  You therefore filed a claim against me without ensuring service to a good address and I will be requesting the judgement is set aside and claiming the costs of £255 as part of my application.  Once successful I will submit further evidence in defence of the original claim at subsequent hearings.  If however you consent to the application to set aside and also to dismiss the original claim the costs to you will be reduced to £100 and there will be no need for further hearings.  I would be grateful to hear from you by midday on Friday as to how you would like to proceed before I submit my application."

nosferatu1001

Elms, of course. Theyve hired Elms so you use Elms. 

Thats not a well worded email. Think about the info you need to convey, and how best to do so in a written medium. 
Bullet points are good for a timeline, for example. 
You also need to make what you propose clear