CCJ. Parking fine sent to old address

Redx

This thread is similar in content , albeit different companies , but similar underlying issues , about one CCJ , not 2 , so yours is twice the same thing , it may help understand the processes ??

https://forums.moneysavingexpert.com/discussion/6279209/dcbl-letter-claiming-i-have-a-ccj-for-outstanding-excel-ticket/p1

Olive_j

Redx said:

This thread is similar in content , albeit different companies , but similar underlying issues , about one CCJ , not 2 , so yours is twice the same thing , it may help understand the processes ??

https://forums.moneysavingexpert.com/discussion/6279209/dcbl-letter-claiming-i-have-a-ccj-for-outstanding-excel-ticket/p1

Thank you very much. Yes I have this bookmarked & read this morning. 

So I have spoken to the court and got information on the second CCJ. It isn’t the same company and isn’t the same incident. So worse than I thought. 

My issue with this one is it was sent to my old address, which is the address down in the V5. I’ve realised this still hasn’t been updated to my latest address. So does this mean I am totally screwed? 

I can provide evidence we were living at my new address via bank, utilities, mortgage etc as the claim form was issued 9 months after we moved. Will all this be sufficient evidence or will the judge just think I am an idiot as I’ve not changed the address on the V5? And therefore it is my issue and not theirs. I did change the driver’s license/mortgage  and utilities etc are up to date.

my other question is whether the CCJ automatically goes onto the owner of the vehicles credit file? What if they weren’t actually the driver, and another named driver was driving. Is there an option for the CCJs to be swapped over or does it not work like that? 

Redx

Depends on how long between the incident , PCN date , and court claim date , which company issued it ?? You need to tell us these crucial things !! It's not a secret , it's on record !! Lol

9 months could mean they should have traced you , same as before !! Especially if no contact

Yes a judge may blame you , but it's between you and the DVLA , you have a Legal duty to update these things , it's not a choice , it's a factor in your ability to have a V5C and as driving licence !! It could have been bus lane penalties or the police notifications for speeding prosecutions etc !!  Much worse for you if those went astray !!

Ownership of a vehicle is irrelevant , there is no owner database !!

CCJ s are issued to a defendant in default , nothing to do with the reasons why , be it parking , rent arrears , non payment of a loan etc ( nothing to do with drivers or keepers or owners , just a name they obtained , in this case , you )

Coupon-mad

Olive_j said:

Le_Kirk said:

You are asking them to consent to set aside, YOU pay the fee to the court.  You might get the 2 x £100 back when you defend the underlying claim later.  If they require you to pay the PCN first, then you should decline.

…but does this mean I’m agreeing to pay the 2 CCJ amounts also? 

No.

This is made clear on every other set aside thread.    It is easy and we help newbies win every single set aside. 

The two examples linked in the NEBWBIES thread section on setting aside a CCJ show you the typical outcome, where the Judge usually orders the parking firm to pay back the £255 because they made no effort to trace you.

This is normal. There are threads galore every week were about this scenario and NO-ONE usually knows at this stage, what the PCNs are about but everyone gets them set aside and then 99% also win the defended cases too and pay zero.

Please come off this thread.  It is not helping you or us. 

Please just read other set aside threads, have a scroll down the thread titles on page one, then up to about page twenty, clicking on and reading all those with CCJ in the title.   

Take the weekend to do this, and in particular, read replies by @henrik777 because asking for consent is NOT paying off the scam sum of money, that is inflated with a false contractual cost per PCN that is easy to kick into the long grass when you defend.

Only then, (and after reading the NEWBIES thread) come back and ask more here...please.  This thread is going nowhere right now and seven pages at this stage is unheard of and you are finding people are cross-posting.  Not useful for you.

My issue with this one is it was sent to my old address, which is the address down in the V5. I’ve realised this still hasn’t been updated to my latest address. So does this mean I am totally screwed? 

No, this is the EXACT SAME as everyone else's case...no-one is screwed.   Your case is absolutely nothing new here and we win all these set asides, every time, have done for 5 years now.  If a claim wasn't served then you didn't get it and the CCJs must be set aside.  That's the rules.

Please please read threads first.

Olive_j

Redx said:

Depends on how long between the incident , PCN date , and court claim date , which company issued it ?? You need to tell us these crucial things !! It's not a secret , it's on record !! Lol

9 months could mean they should have traced you , same as before !! Especially if no contact

Yes a judge may blame you , but it's between you and the DVLA , you have a Legal duty to update these things , it's not a choice , it's a factor in your ability to have a V5C and as driving licence !! It could have been bus lane penalties or the police notifications for speeding prosecutions etc !!  Much worse for you if those went astray !!

Ownership of a vehicle is irrelevant , there is no owner database !!

CCJ s are issued to a defendant in default , nothing to do with the reasons why , be it parking , rent arrears , non payment of a loan etc ( nothing to do with drivers or keepers or owners , just a name they obtained , in this case , you )

Sorry, not sure how much I’m supposed to share! This one is Vehicle Control Services. Solicitor is ELMS. Claim form issued 8 months after incident. Judgment the following month. 

So it isn’t necessarily set in stone that they should trace via the V5? They could have then took extra precautions to check the address after having no contact? 

Just not sure if I can go to court and the judge see two CCJs and happily wipe them and let me skip off into the sunset. 

Umkomaas

Just not sure if I can go to court and the judge see two CCJs and happily wipe them and let me skip off into the sunset. 

It won't happen. There will be two separate hearings. A single Judge won't deal with cases relating to two separate PPCs. 

You've quickly forgotten my one step at a time advice. You must be choking trying to swallow that elephant's back leg in one go!

Redx

Again you are missing the point , parking companies use a link to the DVLA database to obtain keeper details , once and once only , to issue a PCN , that is standard practice , even if the address is incorrect !! If it says Mr Moon and Tranquillity on the Moon , they send it to him there 😁😁😁

That is all they are required to do at the time , or within 6 months , but only once , to issue a PCN , nothing else !! To send it to the registered keeper , even if it's a company , or person

Their contract with the DVLA , which I told you about , Kadoe , forbids any other use , including tracing people !!! Not allowed , serious breach of contract had they tried it , plus a data protection breach too , GDPR , so never done !! Period !

Nothing to do with a V5C either !! The V5C is your paper contract with the DVLA

But yes they should have used a tracing service if no contact.  But VCS had reason to believe that they had used the correct details , so down to a judge to decide !! In a set aside hearing , if you go for a contested set aside !!

So 2 parking companies UK CPM , and VCS , same issues , 2 CCJ s unrelated to each other , 2 separate set asides , 2 separate SAR s , could have been 5 or 10 , all different companies !! Plus could have been council and police prosecutions too !! Umpteen !

So do what CM said , spend a few days reading , learning , digesting , make a decision on each one by next Monday

Lastly , even if you get 2 successful set asides , you only ride into the sunset with the with consent option , having paid out close to a grand !! , So not a free ride

Using the contested route brings 2 separate court claims back into play , twice the work as 2 different companies

Coupon-mad

This is all covered in every single other set aside thread until we are blue in the face. 

Please read at lease a DOZEN of them, not just the NEWBIES thread examples.

There are only two linked there in the NEWBIES and they are not from 2021 (but they are typical).  You will likely pay nothing in the end.

Come back after the weekend of reading, please...it is EASY and your case is NORMAL.

Umkomaas

I’m not sure I have the headspace to deal with two separate claims being in play. I’ll likely have a meltdown to be honest. You’ve seen how much I flap! 

In case you've missed it in all the froth - paying off the CCJ to the PPC does not remove it from trashing your credit rating. That can only now come via a set aside, given the time lag since judgments.

Coupon-mad

There won't be 2 separate claims once the CCJs are set aside as you will ask the Judge to Order them to be consolidated and for the Claimant to file a single claim if they believe there is a cause of action (because the original claims are out of time and dead).