CCJ. Parking fine sent to old address

Olive_j

Hello all,

Today I checked my credit score only to find a CCJ recorded. I can see on my credit score that the address recorded is my old, old address. I had absolutely no idea about this and have received no letters from either the parking company, their solicitor, or the courts. I would have certainly responded to a court letter!

They informed me of the date the court letters were sent out and they were sent one year and four months after we moved out of that address. The address on my V5 and drivers licence was updated to my new address.

I called the court to get contact details of the solicitors and they gave me a phone number. They have no email address for them. The number has been “busy” all day. When I googled they have 300+ reviews saying they are cowboys and crooks and there is no way of contacting them.

I wanted to send an email to the solicitors, sharing the dates we lived at the address for and explaining how we have received no details of this and would therefore like the CCJ removed. This feels like an impossible task as the solicitors are unreachable. 

The court said I can apply to have it set aside at a cost of £255. This feels so unfair, given the fact I would have paid the parking fine immediately had I known about it.

I have obviously missed the opportunity to pay the CCJ within the 30 day period for it to be wiped from my record.

I would really appreciate some guidance on where to go from here. We are due to renew our mortgage and this is going to have a very negative impact. 

Please, can anyone suggest where I go from here and who can help me? I am happy to pay the original fine amount but I am upset that I now owe £260 and have a CCJ. I am a very stressed out pregnant lady right now. 

Many thanks in advance for the advice. 

Coupon-mad

You are not happy to pay the 'fine' (it wasn't a fine).

You need to just read the other thread exactly like this from a couple of hours ago, to save us time repeating ourselves.   Read today's threads before posting and you will learn so much more.

The info about how to set aside a CCJ is already in the NEWBIES thread.

Olive_j

Where do I find the newbies thread please? 

D_P_Dance

 This feels so unfair, given the fact I would have paid the parking fine immediately had I known about it.

But it is not a fine, have you not read the newbies.  Complain to your MP as several tears ago Mrs May said thet she would put to these default CCJs but did nothing.  

https://www.dailymail.co.uk/news/article-3786132/I-ll-end-credit-rating-scandal-pledges-PM-acts-Mail-exposes-rulings-ruined-lives.html

Coupon-mad

Here is what my signature above your post says:

PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD

So you might understand my frustration when newbies then ask, immediately under my words that tell people exactly where to find the NEWBIES thread:

Where do I find the newbies thread please? 

Olive_j

Thank you and my sincere apologies. I was finding it difficult to navigate & found myself in the general forum instead. I have located the newbies section & have been making lots of notes. 

 

This morning I have read the “surprise CCJ please help” post & have a few questions.

They were able to provide evidence of why they had a right to park where they did. I am unsure of how I am able to defend where I have parked as I don’t actually have any information on this, having never received a letter from the parking company or courts and it being years ago. It appears the first letter was sent two weeks after we moved house so I may not have updated my details by then. 

Will the courts just think this is my problem and not theirs? My new address was however on my credit report 1 year 4 months later when the court letter was issued. 

Where do I find out information on what the parking charge is for if I have no letters sent to me? Will I need to prove they were wrong for giving me a ticket or is the fact I no longer lived at that address and they have had no contact with me enough of a defence? Or do I need to also show how they are wrong for giving me the ticket (I’m really not sure how to show this) 

Do I need to share only address details from my credit reports or could I have a utility bill with the correct date at the time the letters were sent to show my new address? The only utilities etc I can see on my credit report are for my current address, I cannot see a trail of my previous address with such companies but I’m sure I could get copies of utility bills showing my new address. 

I did not update the electoral roll immediately after moving house. Only when sent a form to the house asking who lives there have I filled this in so it does still show me living at the old address at this time. 

The forum says to go straight to attempting to fill out a N244 and to not contact the parking company. Do I think rather than tell them I want a set aside with or without their consent?  

Having read the original poster’s witness statement and default judgment etc I feel totally overwhelmed. I am not sure I’d be able to cite all of the cases etc in front of a judge, other than telling them the CCJ is the first I have seen of this as I was living at another address. Am I better getting a solicitor who knows what they are doing? 

Redx

Incorrect address for service of papers is the main reason that the majority of these get set aside , meaning that you can then defend the original claim. They are supposed to do a trace and find a current address , they didn't !!

The address issue is a matter between you and the DVLA , the court case won't involve it other than the reason no papers arrived. It's a rubber stamp for a judge , it brings the original claim back into play at a separate hearing ( so 2 not 1 )

Proof of current address can be redacted copies of recent dated utility bills , your V5C , council tax letters , HMRC letters etc

With or without consent is your choice to ask , their choice to agree or force a court decision
CCJ issues are complicated and not a remit of this forum , so get as much info as possible , but quickly

Obtaining legal advice is your choice , or DIY , no easy answer , we have seen some threads on here get to say 100 posts or more , the set aside may be a slam dunk due to not using your current address , but you then have to fight the original PCN and court claim at a second hearing. Nobody said it was easy

Ps , you must not use the legal word fine , not at all , or Penalty either , they are for different legal systems and don't apply here , using either word can prejudice your case , it's not nit-picking , it's incorrect use of legal language which can work against you

So be warned

Olive_j

Thank you @redx for your reply. Should I contact the DVLA and ask if they have a copy of when my address changed? We have moved around lots with work so there are three addresses involved here. 

So the parking company should do more than just check the DVLA for your address? I.e look for other addresses on your credit file? My bank is on there with my current address. 

The set aside is different to the N244 am I correct? I’m not sure I’m able to fight the original PCN as I’m just not sure on what grounds. My main issue here is I’ve not had a chance to pay the PCN, or the CCJ before the 30 days as I was unaware of it. 

I was trying to deal with one issue at a time so I don’t have a total meltdown but there are 2 CCJs on my file. Both from the same company. One sent to my previous address and one sent to my address from two houses ago. So both wrong address. I’m wondering if it will be easier to pay them and have them ruin my credit for the next 6 years than try to fight two different court cases. 

I had a clear credit score of 999 two years ago when applying for my mortgage and I am so upset that I’ve managed to get this without having any awareness. 

Olive_j

Can you do a set aside on the grounds of not knowing as you lived at a new address, but pay the original PCN rather than argue the original claim? I’m more than happy to pay the original PCN, which is what I would have done had I received the letters. I just don’t want the CCJ. I have read judges don’t like to clear your credit file for the sake of it, which I understand, but when it is on there, ruining your life and you knew nothing about it, surely it should be understandable to want it cleared? 

Olive_j

And do you ask for a SAR if you already have the CCJ or is this irrelevant here? 

Umkomaas

You only pay if a Judge tells you to. The only payment you need to concern yourself with right now is the set aside fee. You are attempting to take too many giant steps right now; they aren't helping. Deal with the actual parking charges if the PPC is instructed by the Judge to file new Particulars of Claim (especially as you have no idea of what they were or where they occurred) ...... and they decide to do so. So many of them don't bother; they're stinging too much from the costs order against them to refund your set aside fees. 

Send a SAR to the PPC so you can get a much better idea of the where and when of the parking charges, then you'll be much better informed should this go to another hearing should the PPC file new proceedings. 

I suspect you will have to make two set aside applications - one for each CCJ, but this may convince the PPC to play nicely and agree to and pay for consented set asides, as they could potentially be in the frame for refunding you £510 for contested set asides.  Hopefully @henrik777, the forum's CCJ/set aside expert will see this thread and comment. 

But stay calm, you can only eat a whole elephant one bite at a time.