CCJ. Parking fine sent to old address

Coupon-mad

You always answer that they have failed to take any reasonable steps to trace you and that you were 'there to be found'.  And that tracing addresses using a soft search is offered free by the unregulated 'debt recovery' firms that cling to this rogue industry, so a trace would have cost nothing and is required by their Trade Body and the DVLA, whose address data is known to be unreliable and can never be obtained twice.

AND they held two conflicting addresses, hence a trace was needed.

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. 

Which parking company(ies)?

Your thread is so long and the title doesn't tell us, so I've forgotten, if we even knew!

You need to put both CCJ refs and PCN numbers if you have them, in the email asking them for consent and telling them that you had moved and that they failed to take steps to ensure the claims were filed to the right address.  In fact, given that they held two different addresses for you AND had had not reply to their letters, was certainly a reason to conclude that one or both of those old addresses were not correct, therefore issuing two claims to two different addresses about the same car and same data subject registered keeper was an abuse of process and clearly defective service of one or both claims, and they knew it.

Add that they ALSO FAILED TO ADVANCE THEIR CASE (WHICH RELIED UPON DUPLICATE CHARGES, SAME DETAILS, SAME DATA SUBJECT AND CAR, SAME DEFENDANT) AS ONE SINGLE CLAIM, WHICH HAS PUT YOU TO DOUBLE THE COST TO SET ASIDE AND WILL BE DRAWN TO THE ATTENTION OF THE COURT. 

 STATE THAT YOU WILL BE CLAIMING ALL YOUR COSTS (2 X £255) IF THEY FAIL TO CONSENT TO BOTH SET ASIDES, WITHOUT PAYMENT OF THE PCNS WHICH YOU ARE DISPUTING, SO WILL NOT BE PAYING.

SUGGEST THAT WHAT IS IN IT FOR THEM IS THAT IT WILL BE CHEAPER FOR THEM TO CANCEL THE PCNS WITHOUT COST AND PAY YOUR £100 X 2 SET ASIDE FEES WITH CONSENT, OR AT LEAST OFFER TO PAY ONE AND YOU PAY THE OTHER, AND END THE MATTER NOW BY CONSENT.

And do draw that to the Court's attention, in your WS next week!

Unless this is the one with two CCJs from 2 different parking firms but we are on page 12 and it's not clear!

Coupon-mad

Aha, ignore the bit about them holding two different addresses then. 

An unnecessarily long thread causes this confusion!

I expect neither of those two ex-clamper firms to agree to consent but they will try to scare you into paying up.    They might even mislead you into thinking that's what 'consent' means. 

Be ready for fun and games, and give them both SEVEN days to consent, then crack on anyway with N244s x 2 next week, getting a friend or admin-minded family member to double check the forms and WS with you, following the links in the NEWBIES thread about how to set aside a CCJ.

henrik777

In order to use the last known address they have to follow the court rules. They have to show this if it becomes an issue.

https://hardwicke.co.uk/wp-content/uploads/2018/09/Nuur-v-Sajid-2018-CLCC-on-appeal-to-HHJ-Roberts.pdf

What did they do to find you ?

My guess. SFA.

Olive_j

henrik777 said:

In order to use the last known address they have to follow the court rules. They have to show this if it becomes an issue.

https://hardwicke.co.uk/wp-content/uploads/2018/09/Nuur-v-Sajid-2018-CLCC-on-appeal-to-HHJ-Roberts.pdf

What did they do to find you ?

My guess. SFA.

I guess they could argue they checked my v5 and electoral role, both of which were registered to my old address. 

Olive_j

Does the judge look at it in terms of the fact they sent it to your last known address so tough luck the CCJ is yours as you didn’t update your details

or 

you were living somewhere else so didn’t know about it and therefore you shouldn’t have the CCJ 

henrik777

Olive_j said:

Does the judge look at it in terms of the fact they sent it to your last known address so tough luck the CCJ is yours as you didn’t update your details

or 

you were living somewhere else so didn’t know about it and therefore you shouldn’t have the CCJ 

The Judge is supposed to listen to your argument listen to their counter argument then decide who is correct.

You may get a judge who takes either of the 2 views you suggest or one who does their job correctly.

Coupon-mad

They cannot re-check the V5C, we've told you that. 

They could simply have done a 'soft trace' to find your address.

Olive_j

Coupon-mad said:

They cannot re-check the V5C, we've told you that. 

They could simply have done a 'soft trace' to find your address.

I know that. I haven’t mentioned them rechecking. 

Coupon-mad

Olive_j said:

Does the judge look at it in terms of the fact they sent it to your last known address so tough luck the CCJ is yours as you didn’t update your details

or 

you were living somewhere else so didn’t know about it and therefore you shouldn’t have the CCJ 

The authority that @henrik777 posted explains the correct approach for the courts.  I skim read it and it was useful.

Olive_j

henrik777 said:

You may get a judge who takes either of the 2 views you suggest or one who does their job correctly.

What I want to know is, if the judge feels the parking company did enough to find me by checking the electoral role and v5, is that enough to make the CCJ still stand.

or is the fact I knew nothing about fine, court letters and subsequent CCJ, regardless of the fact I should have updated my address, enough to have it considered for a set aside. 

Does the fact I’ve not updated details, mean they CCJ should still stand. Or is not knowing about it an adequate reason.