CCJ. Parking fine sent to old address

Coupon-mad

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.

No, because you then move to the fallback position, that there are compelling reasons why it should be set aside, that you acted promptly, fully intend to defend the claim(s) and have good prospects of success.

You have 2 sections of the CPR 13 to rely upon, and if one isn't sticking then the other one will come into play.

https://forums.moneysavingexpert.com/discussion/comment/76298208#Comment_76298208

Explained there by @henrik777.

You start by saying you believe the court 'must' set aside the CCJ but even if the Judge is not with you on that, the court 'may' set the CCJ aside and your case meets the requirements for both (either).

Also, the fact that both PPCs added false costs, surely bolsters that second argument that in the interests of justice, that inflated CCJ should be set aside.

You really want the Judge to agree about 'must' because he/she is more likely to order the parking firm to pay your £255 back if he/she finds that they should have done more.

You will need to understand your defence in case the hearing considers the  discretionary 'may' position, and that's why you need a SAR from both parking firms, to see what the PCNs and evidence is all about an dhow to shoot it down.

Olive_j

Coupon-mad said:

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.

No, because you then move to the fallback position, that there are compelling reasons why it should be set aside, that you acted promptly, fully intend to defend the claim(s) and have good prospects of success.

You have 2 sections of the CPR 13 to rely upon, and if one isn't sticking then the other one will come into play.

I’m not sure how I can defend the claims as I’ve no details of them. I’d like to just pay them rather than defend them if there is the option to as no idea how I could defend and have good prospects. 

I planned to write to one of the car parks tomorrow, explaining how I’d parked there the day after the rules changed and now have a CCJ that I knew nothing about and ask them to ask the parking company to agree to a set aside. 

Coupon-mad

I just added more to my reply - this is why you need a SAR from both.  Re-read my edited reply above.  You will get the SAR back in time, so you will by the time of the CCJ hearing, know a lot more.

I planned to write to one of the car parks tomorrow, explaining how I’d parked there the day after the rules changed and now have a CCJ that I knew nothing about and ask them to ask the parking company to agree to a set aside. 

OK, it won't hurt and they should be ashamed to hear that this is happening to a customer.

 I’d like to just pay them rather than defend them if there is the option to as no idea how I could defend and have good prospects. 

PLEASE DO NOT SAY THAT TO THE JUDGE OR YOU THROW AWAY YOUR FALLBACK POSITION!

Once the CCJ is set aside, you could contact the PPC and negotiate/make an offer, you know, but you don't say that in the set aside hearing!!

Olive_j

Coupon-mad said:

Once the CCJ is set aside, you could contact the PPC and negotiate/make an offer, you know, but you don't say that in the set aside hearing!!

Ok I understand. When emailing the parking company today (I want to email the one company where the timings had changed the previous day) and explaining I have a CCJ I knew nothing about and asking for it to be set aside, How do I ask them to agree to it, without saying I will pay off the fines? I was also at work that day and another named driver was using the car, yet I am the one with the CCJ. Do I say this to them? 

I have had automated emails back from the SAR saying they have 30 days to get back to me. 

Is the SAR the only way to get copies of the original parking charge and court letters etc? Or should I be looking at another avenue also? 

Olive_j

I have also read a few witness statements which mention their details being up to date with the DVLA. I am unable to do this as they weren’t. Am I not clutching at straws here?

Olive_j

Also…. Mortgage is due for renewal in a few months. Would it not help me if the debt appears as settled and a note added to my credit file that they relate to parking fines I knew nothing about? One is from 2 years ago and one is from 7 months ago so fairly recently. 

henrik777

Olive_j said:

I have also read a few witness statements which mention their details being up to date with the DVLA. I am unable to do this as they weren’t. Am I not clutching at straws here?

Why are you taking minute points and panicking despite the main point being that this has little relevance ?

THE COURT RULES say if they have reason to believe you no longer live there they should make enquiries to an alternative address. Their code of practice states they should do so. They received no reply. Hence they should check.

But but but some other rule/law says something else. So what. It's at court. The court rules apply. Does the law that says you need to keep the DVLA up to date state that failure to do so means anyone who uses the incorrect obtained from DVLA can ignore all other rules/laws ? Or does it just say you can be fined ?

Also…. Mortgage is due for renewal in a few months. Would it not help me if the debt appears as settled and a note added to my credit file that they relate to parking fines I knew nothing about? One is from 2 years ago and one is from 7 months ago so fairly recently. 

It won't hinder you further to have them marked settled. Will it help ? Doubt it.

milkybk

@Olive_j - The only advice I can offer is that you need to calm down, giving yourself anxiety won't solve anything. I'm not an expert, like others in this thread. However it's clear to see if you follow the instructions that pretty much 100% of the CCJ's are set aside (in this specific type of case).

I'm very good under pressure but it can still feel quite daunting, there's a lot of info to take in. But if you approach it in a pragmatic manor it's okay. Break it into bite size chunks and chip away at the issue, don't try and deal with everything in one go. Instead of posting in a panicked manor, take a breath, try and draft some of the forms you need etc and post them for critique and advice. Going round in circles won't help you resolve anything and it won't help your mental state either.

My rationale is that I already have the CCJ, I can't undo that myself instantaneously, therefore there's little point worrying about it. Was it issued unfairly? Yes. Was it issued for a ridiculous reason by a set of daylight robbers? Yes. Regardless of that, I need the courts support to resolve it. Therefore prepare properly, go into court confidently and understand that you can and will beat it.

You want the CCJ completely expunged from your record, not your record to show you paid them off.

D_P_Dance

Have you read this?

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

Nothing has been done.

Redx

An excellent analysis above by a member with first hand knowledge

The only fix for a CCJ is a set aside , or wait 6 years for it to expire

There are no guarantees , but paying it off without a set aside only marks it settled and won't improve your credit rating

So you focus on obtaining the set aside by any means necessary

If you manage to do that , only then do you consider your options , to fight or negotiate or pay

England may decide to go for 3 goals in the second half tomorrow night , in order to win , but they have to play the first half first , trying to get a goal and not conceding , a game of 2 halves , with no guarantees !!

Federer may lose the first set in his next match , 1 down , so he fights back to even it out to 1all , the third set is then crucial , maybe a match winner in fact. He cannot win the last 2 sets without competing after the first loss sore arm or not !!