Unknown CCJ advice

DaisyInChains

Hi all,
I've gone through the newbie thread and I'm having a hard time wrapping my head around the legal terms.
I was wondering if someone could help make it clearer or offer advice?

I moved into my current address in June 2019 and got on the electoral roll and whatnot. Admittedly I did not update my DVLA details straight away but they've been current for a year now.

I went to a job interview in October 2019 and was told to park in the car park at Burger King opposite because they had nowhere for me to park up near their own building. This interview ran for longer than expected and I managed to duck out to move my car out and back because of the 90 minute time limit. Essentially I spent 3 hours there with a break to move the car.

I received a final demand from ParkingEye out of the blue to my current address and I sent back a request for information as I'd seen no documentation prior or photo evidence of my vehicle since I only received the final demand and the other letters went to my old address.

I have heard nothing since.

I have just checked my Experian yesterday, April 2021, and there is a CCJ against me for £260. Two weeks ago, this was not there.

Is it worth me going for a set aside and if so, with consent or non-consent because from what I gather, everyone says not to contact ParkingEye on the threads I've seen in the Newbie sticky. 

Would I have any reasonable chance of disputing the original charge either? 

Really sorry if this has been answered in a different way before but my anxiety is making it hard to process all the formalities.

Thank you.

SayNoToPCN

When did you get the final demand from Parking Eye? Date needed

Youre incorrect on the "with consent" angle; you always ask, but you proceed on the basis that youre not going to get it. If you do, bonus

But you have more facts to gather. TODAY you SIT ON THE PHONE until CCBC answers you and you find out every single 0piece of info the N1 claim form has, specifically
- date of issue
- ADDRESS IT WAS ISSUED TO
- particulars of claim etc
- date of judgment


The address is obviously important; the final demand being sent to your current address, and you responding, means they must file at the known good address - your current one. At a guess, as you got neither the claim form NOR the notice of judgment in default. it was sent to your old address.

You want date of judgment because, and this is entirely fine, if its within 30 days you can PAY IN FULL, DIRECT TO PE, and it comes off. You can still apply for set aside having paid. This give syou the best of both worlds - credit score saved, no matter what, AND a chance to get all money back. 

DaisyInChains

SayNoToPCN said:

When did you get the final demand from Parking Eye? Date needed

Youre incorrect on the "with consent" angle; you always ask, but you proceed on the basis that youre not going to get it. If you do, bonus

But you have more facts to gather. TODAY you SIT ON THE PHONE until CCBC answers you and you find out every single 0piece of info the N1 claim form has, specifically
- date of issue
- ADDRESS IT WAS ISSUED TO
- particulars of claim etc
- date of judgment


The address is obviously important; the final demand being sent to your current address, and you responding, means they must file at the known good address - your current one. At a guess, as you got neither the claim form NOR the notice of judgment in default. it was sent to your old address.

You want date of judgment because, and this is entirely fine, if its within 30 days you can PAY IN FULL, DIRECT TO PE, and it comes off. You can still apply for set aside having paid. This give syou the best of both worlds - credit score saved, no matter what, AND a chance to get all money back. 

Apologies, I got the final demand notice on the 9th December 2019. Forgot to include that. I sent back the request for information on the 10th December 2019 and heard nothing at all from PE until now in April 2021.

SayNoToPCN

Are you sitting on the phone now? 
You need the info today
Like all courts services they shut at 4
You need to get on the phone now

SayNoToPCN

09/12/2019 means moire than a year before they filed - the4y will have filed Feb /' March 2021, as a rough guess

DaisyInChains

Yep I am on the phone now. Will update soon. Thanks for the help so far

SayNoToPCN

Ask for an emailed copy of the form; they do have access and can do so.
If not state youre happyt to sttay on the phone and copy down every part of the form, verbatim. Lok at the N1 claim form online so you know what is on it. 

Absolutely critical, anove all else, is date of judgment and address PE filed the claim at. The rest is useful, those two are critical

SayNoToPCN

BTW

3 scenarios for filing:
1) Did so at your current address, post service messed up twice 
2) Did so at your old address
3) Filed at some other unknown address

2) and 3) helps you massively. 

Do you still have a copy of the Final Demand? Please sayt you do, as that shows they suspected the previous address was wrong, hence they sent a demand to you. That means they CANNOT use the old address as the place to file tyhe claim. CANNOT. They KNOW it is not good. 

DaisyInChains

Took a while to get through and I have to email in for the form apparently but they confirmed over the phone that the date of issue was the 8th Feb 2021 and the judgement was 8th March 2021. The address was my old address they sent it to.

Unfortunately I cannot find the letter after searching.

Le_Kirk

Looks like you have just missed the cut-off date for paying it in order not to have the CCJ on your credit file.  You will have to submit a N244, is that the form they are going to send you?  If you go here: -
https://www.gov.uk/government/publications/form-n244-application-notice
you will find the form plus the guidance notes and you fill in the form on screen and print it.  Check the NEWBIE sticky second post and you will find guidance for witness statement and six-point draft order.  Read some posts by @henrik777, he is the forum expert.

Coupon-mad

DO NOT PAY IT THEN - are you clear about that ?   IT WILL NOT BE REMOVED BY PAYING IT NOW.

You need to get it it aside.  Fully covered in the NEWBIES thread already.