CCJ. Parking fine sent to old address

Redx

Olive_j said:

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. 

The parking company can only do one single check within the first 6 months after any incident , they are not allowed to do any further DVLA database checks at all , their Kadoe contract with the DVLA allows only one check , one only , any further checks would be a DPA breach !! So I never mentioned it , you have made false assumptions there

So once and once only !!

I actually stated that the claimant should have used a tracing service , one which uses credit tracing to track you down , electoral roll checks , doing a Poirot !! Same as they would for rent arrears or phone contracts , or bank loans etc ( nothing to do with the DVLA )

Yes , on your credit file , not the DVLA

We are not allowed to give legal advice on here , only opinions , and few people understand this topic , it's a parking charge forum , not legal beagles !! Sorry to say , but true

The legal numbers mean nothing to me , not my forte , just what I read on here

Everyone has grounds to fight a court claim , your lack of knowledge doesn't change it

If a set aside is granted for each one , you must decide what to do with them , pay in full or fight

If you do nothing , or if you pay them now , your credit rating is trashed for 6 years

Redx

Olive_j said:

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? 

No , the PCN was the catalyst , once the court claim is back in play , it is a higher figure due to added legal costs , it never goes back to the £100 only pcn

The typical cost is about £200 , £100 for the PCN , £50 legal fees , £25 filing fee , £25 court hearing fee , so a typical loss of £200 per PCN claim

Redx

Olive_j said:

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

Emailing a SAR to the DPO at the PPC to obtain all your data is always relevant , always something to be done

Le_Kirk

I am confused (easily done I know) but why are we talking about 2 x CCJ?

You don't submit the SAR to the solicitor, it goes to the parking company.  Search for the privacy policy page of the PPC and you might/should find the e-mail address for the DPO (Data Protection Officer) to whim you also send a Data Rectification Notice to make sure that any further communication goes to you current correct address. In an earlier post you asked about the N244.  This goes to the court (your local one) along with a witness statement and a six-point draft order (examples of both can be found in the NEWBIE sticky or by searching the forum).

Umkomaas

If you do nothing , or if you pay them now , your credit rating is trashed for 6 years

I can't reiterate enough what @Redx says here. The only way to have your credit rating restored is via a successful set aside application. Paying off the CCJ after the deadline date given by the Judge (usually 1 month after judgment) will not do it.  We've had many come to the forum having paid the CCJ well beyond the deadline, who can't understand why their credit is still trashed. There are some PPCs who encourage late payment to them, suggesting it will resolve matters - it only resolves matters for the PPC, but not for the motorist!

Olive_j

Redx said:

Olive_j said:

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. 

The parking company can only do one single check within the first 6 months after any incident , they are not allowed to do any further DVLA database checks at all , their Kadoe contract with the DVLA allows only one check , one only , any further checks would be a DPA breach !! So I never mentioned it , you have made false assumptions there

So once and once only !!

I actually stated that the claimant should have used a tracing service , one which uses credit tracing to track you down , electoral roll checks , doing a Poirot !! Same as they would for rent arrears or phone contracts , or bank loans etc ( nothing to do with the DVLA )

Yes , on your credit file , not the DVLA

We are not allowed to give legal advice on here , only opinions , and few people understand this topic , it's a parking charge forum , not legal beagles !! Sorry to say , but true

The legal numbers mean nothing to me , not my forte , just what I read on here

Everyone has grounds to fight a court claim , your lack of knowledge doesn't change it

If a set aside is granted for each one , you must decide what to do with them , pay in full or fight

If you do nothing , or if you pay them now , your credit rating is trashed for 6 years

The first letter was supposedly sent two months after I moved out. So I may not have immediately changed my address when they first got my details from the DVLA. 

Should I contact the DVLA and ask if they can share with me when my addresses were changed? Or is this not going to help. 

The DVLA definitely had my updated address when they sent the claim form but it was still sent to my old address. 

D_P_Dance

Have you complained to your MP?  Several years ago Mts May promised to reform this situation, she never did.

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

Olive_j

The typical cost is about £200 , £100 for the PCN , £50 legal fees , £25 filing fee , £25 court hearing fee , so a typical loss of £200 per PCN claim

The app to set aside fee is £255 so I’d need to pay this X2? And am I then liable for the amount due on each CCJ, the £257? It all seems so very costly 

Redx

You can contact the DVLA for various reasons , any reply is 30 days by royal mail , it may help , but the crucial factor here is that the parking company will have accessed the database within the first month or two , to issue the PCN , nothing to do with the claim form, the PPC is not allowed to check the DVLA database before a claim form is issued. They are only allowed to check it once in order to issue a parking charge notice , nothing else

So yes contact the DVLA , but do not hang around waiting for the reply as you will miss the boat called prompt and swift action , you don't have a month !!! , 2 weeks tops , probably !!

As for the SAR , it will flush out all PCN s , because there could be more than 2 !!!  Who knows ?? So you require all of them , not just the 2 you know about

Olive_j

Umkomaas said:

If you do nothing , or if you pay them now , your credit rating is trashed for 6 years

I can't reiterate enough what @Redx says here. The only way to have your credit rating restored is via a successful set aside application. Paying off the CCJ after the deadline date given by the Judge (usually 1 month after judgment) will not do it.  We've had many come to the forum having paid the CCJ well beyond the deadline, who can't understand why their credit is still trashed. There are some PPCs who encourage late payment to them, suggesting it will resolve matters - it only resolves matters for the PPC, but not for the motorist!

I think I’m way over the time schedule anyway! One is for 2019 and one for seven months ago…