Surprise CCJ Wells Harbour Parking

Mstlb

Hi

I’m extremely angry and frustrated having just found out (via a credit report email) that I have been issued with a CCJ in October 2020, which was posted to my old address.

In December 2019 I received a fine from Wells Harbour parking from July 2019 for £230. The delay (and increase in price) was because I’d forgotten to change address on my cars log book when I moved in 2016. I had been on holiday to Wells in July but have no recollection of parking in the harbour as I’d purchased a weekly parking ticket. I rang the company and requested evidence but heard nothing back. We then went into lockdown and I presumed the matter had been dropped.

I was rather shocked when I checked why my credit score had changed to find a CCJ had been issued at Northampton Court. When I spoke to them to see why I’d not received any paperwork I found out they’d sent it to my old address-even though the company had written to me at my current address. I voiced my frustrations and was advised to complete a N244 form and apply for an order for costs against the claimant, which will cost me £250.

As the original fine is £280 is it worth applying for this? I presume if I lose I will be £530 out of pocket, which I can’t afford. 

I’m so cross, I’ve never been in debt or had a CCJ and it’s frustrating that a company can do this without proof, or evidence. I hope to move this year and this will really affect my credit rating.

Any help/advice will be greatly received as I have no idea on the court process.

Many thanks!

Umkomaas

If you now pay the CCJ (some 6 months after the court order) it will not change your credit status one iota.  You will be unloading £280 into Civil Enforcement's coffers, and dropping it straight into a black hole. 

The only way to deal with this to have any prospect of it working to your advantage is to apply for a set aside (and pay the £255 for the pleasure - unless you qualify for relief, check out the eligibility rules via Google). 

Serving papers to an old address should qualify for an automatic set aside. After this, you may have to defend the original claim, CEL may be required to issue a new claim. Whatever, if you go through the full process, there's a good chance that not only will CEL give up on the claim, but you might be in line to receive a refund of your £255. 

The NEWBIES FAQ sticky, second post, takes you through the set aside process. Also, check out posts from the forum's expert on set asides - @henrik777.

Coupon-mad

Seconded. 

As Umkomaas says, if they failed to serve the claim then the set aside is mandatory (i.e. we never see anyone not get a set aside).  Most people also get the £255 ordered to be paid by the parking firm as well, if the Judge agrees that they failed to take all reasonable steps.  

This is fully covered in the NEWBIES thread, with examples of how to set aside a CCJ.

If you just pay the thing off, that DOES NOT remove the CCJ and just marks it satisfied. Useless because it stays there damaging your credit rating for six years.  Nobody is that daft on this forum when you know that set asides are granted and on what grounds.

henrik777

In December 2019 I received a fine from Wells Harbour parking from July 2019 for £230. The delay (and increase in price) was because I’d forgotten to change address on my cars log book when I moved in 2016.

They obviously found you before lodging court papers. So you need to find out why you didn't get the court papers. It sounds like they used the old DVLA address DESPITE contacting you at another address. Make some calls and find out. 

This need done in 2/3 days MAX.

Then you can take the next steps in the process.

D_P_Dance

In December 2019 I received a fine from Wells Harbour parking from July 2019 for £230. 

It is not a fine.  

Mstlb

henrik777 said:

In December 2019 I received a fine from Wells Harbour parking from July 2019 for £230. The delay (and increase in price) was because I’d forgotten to change address on my cars log book when I moved in 2016.

They obviously found you before lodging court papers. So you need to find out why you didn't get the court papers. It sounds like they used the old DVLA address DESPITE contacting you at another address. Make some calls and find out. 

This need done in 2/3 days MAX.

Then you can take the next steps in the process.

I’ve found the original letter they posted to my current address but the court has confirmed they lodged it at my previous address.

The next steps are completing the N244?

henrik777

 I rang the company and requested evidence but heard nothing back. We then went into lockdown and I presumed the matter had been dropped.

Did you give them the 2nd address at this time ?If so is there any proof other than your recollection ? Phone records, written reply etc

Mstlb

henrik777 said:

 I rang the company and requested evidence but heard nothing back. We then went into lockdown and I presumed the matter had been dropped.

Did you give them the 2nd address at this time ?If so is there any proof other than your recollection ? Phone records, written reply etc

The only letters I have received from the parking company were sent to my current address and I have a copy of the letter with that address on. I can only presume they gave the court my old address to make it look like I wasn’t communicating. In the letter they state they had to use a tracing service (which increased the fee) to track me down!

henrik777

Dear Muppets,

Ref xxxxx

I refer to the above case you brought against me. I note that the address for service differs from letters Ex1, ex2 etc

CPR 6.9(3) states  " Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’)." 

In support of CPR 1 "The overriding objective", I invite you to consent to a set aside as you were never entitled to a default judgment as you had never validly served the claim form.

This error on your part might be ignorance as the papers were not studied or it might be a deliberate  manoeuvre to circumvent normal process, only you will truly know, however it is your mistake and as such i fully expect you to pay the £100 filing fee for the application.

Should no reply be forthcoming within 7 days of (xx/xx/xxxx), please take this as formal notice that an application will be sought and all associated costs will be asked for, not just the £255 application fee.

I look forward to your co-operation.



Something like that. Call after 3 days to prevent the "oh i'm sorry we never got it" shenanigans.

SayNoToPCN

As above

Then you need to filll out
- N244
- Witness Statement to support the set aside, this is not about defending the claim!
- Exhibits to support the WS, such as the letters they sent to your cuirrent address -> did you ever respond to their letters, so they knew they had the right address? If not it is not fatal, but obviously if you had corresponded and they still  used the old address thats terrible for them!
- Draft defence -> template, takes you 20-30min TOTAL
- Draft 6 point order -> this is the outcome you want the court to Order, you do not put dates in, court does.

D_P_Dance

Have you complained to your MP?