CCJ dated 19/2/21 entered by Elms Legal, on behalf of VSC

poeker77

Hi guys, a Judgement was entered against me on 19 Feb 21, and I am now not sure what is the best course of action to take from now, as I have been told it is best to settle the Judgement within 30 days.

Here is a little backstory:

• I relocated to Surbiton from Portsmouth back in Dec 2019, I received a privacy notice on my windscreen for my working shift on the 27/12/2019. The parking behind the store is managed by VSC. I immediately contacted the current tenants living in my previous address - to retrieve a PCN sent to the previous address as I have not updated my DVLA at that point in time.

• I raised the issue of outstanding PCN with the manager in charge in early 2020, and she had agreed to contact VCS on my behalf to cancel the charge issued. I assumed this was sorted as I had been informed this can be done easily and it happens quite frequently.

• My DVLA was only updated in 15 May 2020 - delay caused by the pandemic. First I waited for more than 4 weeks to only contact them as it can take up to 4 weeks to reissue V5C.

• On 28 Feb 21, I became aware that I had been issued a Judgement from my credit score report. 

• I managed to retrieve three letters related to the PCN, which had all been sent to my previous address instead of my current address.
• These letters were issued from November 2020 to February 2021; one from ELMS Legal, two from County Court Business Centre (CCBC): 1. Claim Form (issued: 26-Jan-2021) and, 2. Judgement for Claimant (issued: 19-Feb-2021).

•  These were issued due to failure to pay the penalty charge. As a result, I have been penalised £257.00 in the latest Judgement for Claimant by the CCBC. 

•  All letters were sent to my previous address despite changes to my V5C since May 2021, which has caused this matter to be escalated without my acknowledgement.  

So, after browsing on the forum I have decided to get in touch with Elms Legal, to request a consent to set aside the Judgement - they have refused it today (8/3/21)

I read and I understand that there is 99.9% success rate when it comes to setting aside a Judgment - but would it be applicable in my circumstances? 

As I had failed to update my vehicle registered address in a timely manner - only updated 6 months later.. would this affect the decision of setting it aside and I might end up paying 255 + 95 hearing fee?

Also, may I ask, by paying £257 to elms legal now, would it completely wipe out the record on my credit record? (still within 30 days) As I have received a mixed answers- some says no; some says yes, but the "default" remains - I am in my 30s and we are planning to buy a house as 1st time buyer in London, it is crucial for us to have good credit score.

Thank you for reading all the way through! really appreciate it if anyone has any past experiences or advice regarding best course of action next.

 

nosferatu1001

Pay it today, in full, and you do not risk a CCJ no matter what from ever ever appearing on the register. It exists, but is not publicly visible. 
While MOST set asides are granted, you dont go into it with that expectation

"I raised the issue of outstanding PCN with the manager in charge in early 2020, and she had agreed to contact VCS on my behalf to cancel the charge issued. I assumed this was sorted as I had been informed this can be done easily and it happens quite frequently.

I am unclear here - did you have ONE or TWO PCNs? Because you knew about the Parking Charge - did you not tell them your address, or did you ignore it apart from the manager? 
Is this residential parking? Your place? Allocated parking?
To be clear:: you not updating your V5c was not the pandemics fault, as you had already wasted three months beforte the first lockdown. 

poeker77

Thanks for your reply,

There was only one PCN from Dec 19, right after I moved, which escalated to become CCJ now. After receiving the privacy notice I got in touch with the tenants in my previous address to retrieve the PCN, raised the matter to the manager (it is a retail shop parking behind me he store)

yes I understand it is my fault for not doing updating V5c in timely manner.
 

nosferatu1001

Thats what is confusing
A notice to driver - presumably what you mean by "privacy notice" - comes before a Notice to Keeper. How long did you wait? Did you not give them your current address? 
"it is a retail shop parking behind me he store" I have no idea what this means

poeker77

Sorry- what I’m trying to say is, it’s workplace parking, managed by VSC.

I may have confused PCN with notice to keeper, anyway the first letter was received around end of Dec 19, I reached out to the store manager to have her cancel the charge straightaway after retrieving it.

And no I did not provide current address to VSC. 

nosferatu1001

VCS

No. A PCN is either
- given to the driver
- posted to the keeper
- or both

"PCN" just means "scamvoice issued by a parasite parking company", as explained in the newbies thread
Did you get confirmation of cancellation in writintg? If not, can you NOW? 
I would still be paying this now, and not faffing. You can absolutely apply for a set aside after payment is made.