CCJ. Parking fine sent to old address

Coupon-mad

It's not the next 6 years, it's from the date of the CCJ and presumably it is marked satisfied.  You also know that VCS won't pursue you for it.  Just something to think about and your choice.

Like you, I'd be smarting that VCS appear to have stitched you up with that badly worded consent Order.

If you want to put that right then a fresh application would be the only way but the Defendant must know how to argue it.

The UKCPM one was able to be set aside under 13.2 but the defendant couldn't get that across to the Judge.  Has he got a better understanding of that now and what he should have showed the Judge about the IPC CoP and duty under the CPRs to check/trace the Defendant properly?  It is never enough to just use old DVLA data and that was wrong, but the only law in a civil court hearing is the law the parties take with them and say.  I've seen a Judge be very easily led astray by a legal rep and if that happened in the UKCPM hearing, how better prepared is the Defendant for round two?  If he can't, don't put yourselves through it.

Johnersh

@Olive_j Fwiw, I do think the court is probably wrong on this. The rules relating to last known address are there to ensure C has a remedy, particularly where D seeks to avoid service. However that is an evidential point, amongst the issues to consider are the time gap between issue and the PCN. 

If D has never received the claim form and C accepts that, but D is now prepared to engage in the claim now they are aware of it, I don't believe a judgment should stand.  Reading between the lines, the court may have taken the view that this was simply "credit washing," no doubt mindful that the PCN was paid not defended. 

I've not seen the application, the wording might be critical. It appears the o/p may not have quite appreciated that C never conceded (as she contended) that service was defective. The consent order is worded to reflect that.

The only option is now to accept the status quo or reapply on the basis that the judge fell into error and supported by quality case law.

No one can really help with prospects of success on that/can know the risk of throwing good money after bad.

Finally, worth all forumites learning or being reminded from the o/p's painful experience that the court needs to approve a consent order - it's not a given. 

Olive_j

Thank you very much @Johnersh. Do you mean reapply with a fresh application, as suggested by @Coupon-mad?

I definitely thought this one would be much easier to resolve given it was consented. I feel like contacting the land owner and letting them know the CCJ remains, despite them cancelling the PCN as a result of the wording on the consent order.

I did worry the judge might think it was credit cleansing and made sure it was written in the WS that they agreed to wipe off the PCN. 

I just cannot believe it is now a tarnished credit report for over parking a few days after they changed parking from 3 hours to 2 hours, during COVID & with crappy laminate signage which I missed. 

ParkingMad

Was this the signage advising of the reduction of maximum stay?

https://www.gloucestershirelive.co.uk/whats-on/shopping/gloucesters-peel-retail-park-introduce-3910942

Johnersh

Well that change in signage doesn't cut it. From a distance it could be a list dog. Credit where its due, when horizon messed with the tesco free parking near me, there was a 2m banner on the fence as you drove in and A3 signs on the doors.

Yes it'd be a new application, but this time to set aside the order made and to request that it is dealt with at a hearing.

As I say, no guarantees that will achieve the result you want, but it's the proper option. Bear in mind you need to be within 7 days. 

Olive_j

Thank you @Johnersh. Unfortunately I didn’t get a chance to submit an application within the 7 days as I spent that time in hospital. I’m still struggling to comprehend a CCJ upstanding, despite the land owner cancelling the parking charge & owing them nothing. It’s so frustrating that you can’t speak to the judge. Is there no way I can ask someone else to look at it as I believe it’s unfair? All of this on top of the CCBC getting away with “never receiving” the application in the first place just feels like such a joke. 

Coupon-mad

I'd have put in an application and explained you had been in hospital.

Olive_j

Hello all, I think I know the answer but just want to double check as I’m thinking about it daily. You might remember the judge upheld the CCJ, despite the land owner cancelling the original parking charge. We had 7 days to put in an application and I was in hospital for 8 days. I really wasn’t in the right frame of mind at the time to take it any further but I’m now thinking about it daily and I’m wondering whether it’s worth resending it and just confirming that the land owner cancelled the charge, we didn’t pay it. I didn’t get the opportunity to provide the paper signage etc as I didn’t send a defence to the actual charge as it was cancelled. I feel terrible that this is on my husbands credit profile and it’s my fault but it feels like such an unjust situation. 

Grizebeck

Dont feel terrible. Its nothing major .

Olive_j

@Grizebeck it feels it! He tried to up his credit card limit with the bank he’s been with for 20 years and wasn’t able to. I’m not earning so it feels scary that I’ve essentially ruined his credit rating.