CCJ sent to wrong address

Chestbrah

Hi, I have recently discovered through checking my credit report that a CCJ has been filed against me as I had 4 unpaid parking tickets from 2019/2020.  

I had completely forgotten about the tickets as I have moved house twice and the CCJ letters have been sent to a very old address.

My documents and ID’s have all been updated with each move so there’s no reason why the CCJ letters would have been sent to my oldest address. I have also recently had another parking ticket through from the same company (DCBL) at my new address.

The CCJ is worth £745 and if paid by Sunday 27th June 2021 will be removed from the register. 

I am currently unsure whether to go through the process of having this set aside or to just take a loss and get it all sorted and removed from my report as I am looking to purchase a house in the near future.

Some advice on the process of applying to set aside and the differences in price from the application process and simply paying the CCJ in full would be great. I am aware that there is a £255 fee to apply to have the CCJ set aside, does starting this process also mean I will most likely miss my deadline of the 27th June 2021 ?

Many thanks 

Umkomaas

The NEWBIES FAQ sticky, second post, gives you all the current advice and guidance about the set aside procedure. The forum expert is @henrik777 and he will hopefully be along soon to give further advice. 

The parking firm will only have the address they acquired from the DVLA at the time of the parking event (as per your then V5C). They are not updated with changes, and they can't go back for another 'stab' later in the process. But, if they weren't getting responses from you over a period of time, they are expected to carry out traces in an attempt to ascertain any new address for service of documents. So that is probably a good avenue to tackle this on, for a starter. 

Commencing the set aside now won't put the CCJ on hold (to my knowledge), so it's a sensible strategy to pay it off (in one go, no payment plan - that won't help your credit rating) so your credit isn't impacted - but, please await henrik's confirmation before actioning that. 

Good luck.

Chestbrah

Thank you for you reply, I will wait for @henrik777 to reply before proceeding.

D_P_Dance

Have you complained to your MP?  A few years ago Theresa May promised to put a stop to this nonsense, she never did.

https://www.express.co.uk/news/uk/721587/Crackdown-abuse-debt-laws-recovery-agencies

Fruitcake

Paying a CCJ late will mark it as satisfied, but it will still be there for all to see, and may still negatively impact on your ability to obtain credit/a mortgage.

The only way to get it expunged as if it never existed is by getting it set aside. With consent (of the PPC) will cost around £100. Without consent will cost around £255. You may get these costs back if you win.
You will then be back at the point as if the court case never happened.

If successfully set aside, you may still have the original PCN to deal with.

Chestbrah

Fruitcake said:

Paying a CCJ late will mark it as satisfied, but it will still be there for all to see, and may still negatively impact on your ability to obtain credit/a mortgage.

The only way to get it expunged as if it never existed is by getting it set aside. With consent (of the PPC) will cost around £100. Without consent will cost around £255. You may get these costs back if you win.
You will then be back at the point as if the court case never happened.

If successfully set aside, you may still have the original PCN to deal with.

I have the 30 day period which takes me to 27th June 2021 to pay the full amount and it will be removed.

That is what I was wondering whether it was worth it or not. With a cost of £255 to apply to get the CCJ set aside followed by then being in a position where the 4 tickets then need paying. How much would I be looking at saving realistically and is it worth the risk of missing the 30-day deadline to have the CCJ completely removed?

Fruitcake

Ah, okay. I thought the CCJ was past the 30 day period. You may well be better paying this off then making a set aside application, ideally with consent because of the house move the papers were never properly served.
That way a CCJ will never be registered meaning you will avoid all the problems with obtaining credit that go with a judgment.

I'm not legally trained, and this is a parking forum, but we try to help motorist who are or have faced court. There are couple of regulars on this forum who are legally trained, so if you can wait it will be better to see what other say.

Chestbrah

Ah okay, so I can apply to have this set aside after paying it off within the 30 day period?  What benefit does this have? I was under the impression that paying the amount in full within the 30 day period completely removed the CCJ and any record of it?

Coupon-mad

What on earth makes you think that the PCNs will need paying? Look at the 2 typical examples of set asides, linked in the 2nd post of the NEWBIES thread. 

Typically people pay nothing as they defend the PCNs once the CCJ is set aside, and the majority here now see Judges order the Claimant to repay the £255 fee as well, because of their failure to bother to trace/check your address prior to filing the claim.

And DCBLEGAL had your new address, then, for this other ticket. Are they all from the same parking firm?

Who is the Claimant because it is not DCBLEGAL?

Chestbrah

Ok that’s interesting, so as suggested before can I settle this CCJ now within the 30 day period to ensure it is removed and then proceed with the application afterwards in order to receive a refund?

I believe the initial PCN’s were from First Parking.

henrik777

Chestbrah said:

Ok that’s interesting, so as suggested before can I settle this CCJ now within the 30 day period to ensure it is removed and then proceed with the application afterwards in order to receive a refund?

I believe the initial PCN’s were from First Parking.

        Yes.