Just discovered CCJ issued to me when between houses

allstar33

Hello all,

I've spent hours reading the forums and I learned a lot about this, but could still do with some advice as I can't find much in forums about excessive charges and changing address recently. 

I got a parking ticket back in 2016 - situation where I was late back, ticket expired 15 min before. It was for £160 which I felt was just extortionate. When I first got the letter I wrote saying I would be willing to pay a reasonable fee (£60 perhaps), but I felt the £160 was unreasonable, especially given I had had a ticket, it just expired just before. They responded rejecting my offer.  I got various chases and demands and threats over the years but I didn't expect they would do anything really about this.

Fast forward to early feb 2021. I sold my flat, and our new place was delayed, so we were in airbnbs, and my parents, for last few months. The new owner kept my post. 

In exceptionally bad timing, a judgement for claimant arrived at my old address 4 days after I completed. I then missed the window to pay too, or respond. When I went to pick up my post 10 days ago, I discovered all this.  My credit score, which has always been good, is now rubbish, but thankfully it didn't pose a problem in our purchase as by the time we exchanged and completed, a CCJ had been issued against me, unbeknownst to me.  Moral of story - always forward your post, even if at temporary addresses!

Do I have grounds to contest the original charge on the basis it was a) so high, so I think it is not fair or b) I didn't receive it?  If so, my understanding is an application to Set Aside (with demand for OPS Ltd to pay my £255 fee) is the best step.  I realise I should have done this earlier. I question whether I have a case to say I didn't receive as my address on all official records has been my old address until we moved into our new one, so technically they have correctly sent to my last known address. 

If it's not deemed contestable with either reason above, I understand that the best option is to write to OPS requesting them to remove the CCJ and for me to pay the outstanding amount (£320 ish) if they approve, with the stick of set aside and carrot of payment hopefully convincing them to at least clear my credit file. Is that correct?

Should I request a SAR regardless right now? 

Any help would be really appreciated. Thank you. 

Coupon-mad

Do I have grounds to contest the original charge on the basis it was
 a) so high, so I think it is not fair

No.

or b) I didn't receive it?

Yes, if you mean you didn't receive the claim form.

allstar33

Thanks Coupon-mad. 

Even if that was my official address and I hadn't changed it? yes, I didn't receive because I moved out. But can I claim the cost of the set aside even in this case?

Thanks

henrik777

Well it depends on where they sent the claim form, why they sent it and what  checks they made before sending.  

allstar33

The form was sent to my home, but I'd moved out. What do you mean by why they sent it? It was claiming money for a parking ticket.

And I wouldn't know what checks they did of course, but point is had they done any that would have been my registered address. Because I was in temporary accommodation for a few months.

Le_Kirk

allstar33 said:

The form was sent to my home, but I'd moved out. What do you mean by why they sent it? It was claiming money for a parking ticket.

And I wouldn't know what checks they did of course, but point is had they done any that would have been my registered address. Because I was in temporary accommodation for a few months.

Why they sent it to the wrong address is what @henrik777 is asking.  Seems that you moved without informing DVLA of your change of address by updating your V5C.

D_P_Dance

Have you complained to your MP. IIMU that a former Prime Minister promised to "do something" about these default CCJs, she never did.  

allstar33

Thanks all

It was just awkward timing - I literally moved out on 4 days before receiving the letter, and had to stay in airbnbs and my parents until our new place completed, which was meant to be a few weeks and turned out to be 2 airbnbs and 5 weeks with my folks. I couldn't change my V5 etc...as we didn't have a new address, and I couldn't do it to the new place until we completed

My mistake is not getting mail forwarding for this period, thinking it would be expensive to keep changing with post office. Turns out this was more expensive. So the company rightly sent to my last know address, it's just such rubbish timing and I didn't get any of it until we picked up the post from the buyer of my flat who kindly keep it all until we had a new permanent address. 

Coupon-mad

You do know we are not telling you to pay it, if the CCJ was registered over 30 days ago, because that just cements the (satisfied, but damaging) CCJ in place for 6 years?

We are not saying you were at fault and when I said you can't defend the PCN just because it's so high, that is all I meant.  You can't defend solely for that reason, but there are always defences against OPS PCNs (unclear signs, no landowner authority, etc.) and if you act promptly you may still be able to get the CCJ set aside but it will be at a £255 fee because OPS will not consent to set aside.

Which car park and why didn't you see the original PCN that would have offered £60?   You say it was £160 but that only comes later.  It was £100/£60 at the time.

henrik777

allstar33 said:

Thanks all

It was just awkward timing - I literally moved out on 4 days before receiving the letter, and had to stay in airbnbs and my parents until our new place completed, which was meant to be a few weeks and turned out to be 2 airbnbs and 5 weeks with my folks. I couldn't change my V5 etc...as we didn't have a new address, and I couldn't do it to the new place until we completed

My mistake is not getting mail forwarding for this period, thinking it would be expensive to keep changing with post office. Turns out this was more expensive. So the company rightly sent to my last know address, it's just such rubbish timing and I didn't get any of it until we picked up the post from the buyer of my flat who kindly keep it all until we had a new permanent address. 

What letter ? The original claim for or the notice of default judgment ?

If the latter, investigate why the claim form didn't arrive. If the former service would most likely be effective. In that case spending £255 may not be worthwhile.

allstar33

@ coupon Mad - thanks again for your help. 

I did see the original PCN. No question - I was sent various letters. I was mistakenly under the believe they wouldn't escalate it. So I got the fine at the time, if it can't have been £160 then it was £100 - I remember it being unusually high. This was Vantage Point car park, Brighton

@ henrik777 - thank you too

So I got it wrong - it was the "Claim Form" that arrived just 5 days after I sold the property. So the form that outlined the charges and the chance to respond within 14 days. The "Judgement for claimant" arrived 3 weeks after that, rightly stating I had not responded. I didn't see that either, and picked up my post pehaps 4 days after the 30 day window to pay that.  :'(