CCJ. Parking fine sent to old address

Olive_j

@Coupon-mad 6th October it was supposedly referred to a DJ. 

Olive_j

Is there an effective way to complain to/about the CCBC? I’m really unhappy that my application was “missed” and no apology given. I’d also like to highlight the lack of knowledge the person emailing me showed when telling me I’d paid the wrong amount (£100 for consented set aside instead of £255) and when I explained this was not the case, told me they didn’t know about consented set asides (not too sure why they were offering incorrect advice based on a topic they didn’t know about). 

I’m very frustrated that it would very likely have been dealt with by now had it have been sent to the local court when it should have been back in August. I called a few days back and it is apparently with the local judge. Very annoying as our mortgage needs arranging by 31st and I can imagine we will then get the court letter a couple of days after we have signed up for a higher rate than we needed to. The knock on effects of these things are atrocious. 

D_P_Dance

Is there an effective way to complain to/about the CCBC?

I am sure that there is something in here

Have you googled "County ourt complaints?"

Olive_j

@D_P_Dancehttps://www.gov.uk/government/organisations/hm-courts-and-tribunals-service/about/complaints-procedure this says contact the court directly but not sure if it’s different for the CCBC. I want to speak to someone who actually follows up my complain too & doesn’t just fob it off. 

D_P_Dance

 I want to speak to someone who actually follows up my complain too & doesn’t just fob it off. 

No you do not, you do not to speak to anyone, you need to write a letter headed  "Official Complant" copying in your MP.  In matters such as this everything must be on paper. 
 
Some time ago  had cause to complain about a county court judge.  She ignored three letters so I complained about her to my MP.  He contacted the court manager, whom he apparently knew..  Result matter conclusded to my satisfaction and £100 compensation.   

Olive_j

Hi all, received a letter today relating to the consented set aside and it says “consent order dismissed. No grounds under 13.3 or 13.6.” (Please see attached)

On the N244, I asked for an order by consent pursuant to 13.2 and 13.3 as they claim was served to an address where the d had not lived since 2019.

The consent order from the claimant only gave 13.3 as the reason for agreeing. Have I messed it up by including 13.2 aswell as 13.3? 

I’m going into hospital today to be induced so this letter & deadline couldn’t have come at a worse time. 

For background info, here is my WS (the PCN was wiped by the parking company and they agreed to the set aside. The CCJ was marked as satisfied on Experian but I did try to make it clear in the WS that I hadn’t paid)

Here is the Consent Order:


Any advice on where to go from here based on the letter above, or whether I just admit defeat would be greatly received. 

Olive_j

Any advice on the above @Johnersh? 

Coupon-mad

Good luck with the new baby!

It wasn't your WS that was wrong, the consent Order was flawed if it didn't mention 13.2.  Did it NOT cite CPR 13.2? I suspect the Claimant knew that all along, given they have a legal department. 

You could ask the PPC for a revised Consent Order citing 13.2 which is what you needed all along, Olive, if the claim went to an address where you couldn't properly be served (and were not served) and without the C bothering to trace you beyond the old and known to be unreliable DVLA address.

However, that needs a new application and £108 fee and it worries me that a CCBC Judge seems intent on rejecting your application and ignoring what you said in your WS about 13,2 and I wonder if a second application with consent would meet the same refusal.

If this were me, I'd now apply for set aside citing 13.2 only and without consent, court fee now £275 unless you get help with fees.

And say how unreasonable this Claimant has been, even providing a consent order that failed to include the most applicable and mandatory CPR, despite knowing they served the claim to an old address which caused the CCJ.

This on top of failing to check your address and failing to serve the claim at all, which is now dead because it was more than 4 months ago.  In your fresh WS, ask for both application court fees to be otdered back against this Claimant, for wholly unreasonable conduct.

A hearing is better than this fudgement.

Olive_j

Thank you @Coupon-mad thinking back, I’m sure based on your advice when I initially received the consent order, I asked them to amend & include 13.2 and they refused as they served it to the address given on the DVLA so couldn’t include it. 

So can the judge only dismiss based on 13.3 on the consent order? And not on 13.2 which I mentioned in the WS? 

It is just bizarre to have a CCJ, based on a PCN which they agreed to get rid of. 

I had no clue a CCBC judge would review and not the local court! If I’d have known, I maybe wouldn’t have been so rude when I emailed regarding them saying they hadn’t received the application and said they had no record of it being submitted (despite the automatic response email). The whole thing is a complete joke. 

I’m not even sure how I’d apply again - they don’t give any instructions on what you’d need to actually submit and I’m not sure I have the headspace to complete it once I’m out of hospital. I wish there was more than 7 days to respond! 

Olive_j

In hindsight, I probably shouldn’t have asked them to set aside and should have argued the original PCN. Which was at Gloucester Quays where they changed parking during covid from 3 to 2 hours and stuck the sticker over. There’s been a case on here recently which was won.