CCJ. Parking fine sent to old address

henrik777

That's what i'd do. I might not have initially asked for dismissal but then again, i can't recall the circumstances so maybe it was appropriate.

It's never wise to put in an application then immediately ask for something different.

Olive_j

Thanks @henrik777 if the judge doesn’t agree to it being dismissed, is it then ok to go down the “any good reason” route? Just hoping I’ve not messed up asking for it to be dismissed. 

henrik777

Absolutely.

Johnersh

The reason for dismissal is that validity of an issued claim is 4 months.

If the court finds that it was not correctly served in that time AND that the ppc should have considered that D had moved AND that no proper efforts were made to locate the defendant (ie there is no genuine presumption of last address), then the ppc was not entitled to judgment. Any default judgment should then be set aside.

It follows that if 4 months have passed since issue, the claim has now expired. If there is no application by the ppc for service by alternative means or to dispense with service, then the court should be invited to dismiss the claim as the claim form was not served and has now expired. 

That is procedurally the correct position under the court rules. This is an error of the ppc's making. The ppc can, if they choose to, and if they are still within time, issue a new claim and correctly serve it. It is arguably prejudicial to allow the defective claim to proceed when it is by no means guaranteed that new proceedings will be issued, however.

Those would be my points, but as ever, no-one can guarantee what a judge might order. You should run the points that you are content with. 

Olive_j

Thank you @Johnersh, very helpful! I didn’t mention the 4 months lapsing in my WS but hopefully I can still make that clear to the judge. They suggested in their bundle they did an Experian search but don’t provide a date and it isn’t listed on the SAR. They did ask for me to provide a defence within 14 days so I presume they are saying they’ll be pursuing it. I feel I’ve got enough evidence to provide a defence if needed.

Coupon-mad

If it’s not on the SAR then they didn’t do an Experian search, however their solicitor or a debt recovery firm might have done, as it costs from 28p and is so simple a search that the vultures all do it free.

henrik777

The starting point is, probably not.

First of all the court has to accept they had "reason to believe" thus bringing in to play the mandatory requirements.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.9

(3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).

(4) Where, having taken the reasonable steps required by paragraph (3), the claimant –

(a) ascertains the defendant’s current address, the claim form must be served at that address; or

(b) is unable to ascertain the defendant’s current address, the claimant must consider whether there is –

(i) an alternative place where; or

(ii) an alternative method by which,

service may be effected.

(5) If, under paragraph (4)(b), there is such a place where or a method by which service may be effected, the claimant must make an application under rule 6.15.

(6) Where paragraph (3) applies, the claimant may serve on the defendant’s usual or last known address in accordance with the table in paragraph (2) where the claimant –

(a) cannot ascertain the defendant’s current residence or place of business; and

(b) cannot ascertain an alternative place or an alternative method under paragraph (4)(b).

Johnersh

As @henrik777 says, it turns on the facts.

One could argue that if they'd been receiving no response and thought to do a credit search, they had at least considered that you weren't there.

Have you taken out credit at a new address since? That wording is carefully drafted - "still active" does not mean it was the only result, such that you had to be living there. It may just mean for example that a car you bought 2 years ago  hasn't been paid off yet. 

It's quite possible (indeed probable) that credit searches on anyone who has moved will pull up more than one address. They should be asked to disclose the results. 

Coupon-mad

You can register to check your own Experian report and I think they do free trials.  That could be a good way to show the court that it now shows more than one address, so would have shown more than one address then, as well, and you put the claimant to strict proof to the contrary. 

Olive_j

Hi all, I just thought I’d give you a quick update on how the hearing went. It was very brief. Only question asked was whether they sent the original PCN to the address the DVLA had, which they did (it was changed two weeks later as had just moved house). I tried to point to the claim form dates being over a year after no contact etc & the judge said because they’d sent the PCN to the DVLA address, it wasn’t allowed under 13.2. I was expecting it to be based on the dates around when the claim form was serve, rather than when the original PCN was sent but didn’t get the opportunity to get that across. 

The judge said they noted 13.3 was also included in the WS and asked what the defence would be. I was then asked to submit a defence within 14 days. The judge didn’t agree to costs being awarded which I feel is also a shame but at least the CCJ has been set aside.

Thanks a million for everyone’s support & for getting me to this stage, I couldn’t have got this far without the forum. Now onto writing the defence!