CCJ. Parking fine sent to old address

Olive_j

Johnersh said:

I didn't think that was ambiguous. What does the court require? Draft that, but send it to the claimant first.

So, complete an N244 and whatever else you plan to accompany it, send it and say this is my application, so you want to agree to it and save us the costs of a hearing?
(if agreed, this results in an order by consent, likely with no order for costs or costs reserved) 

If they say no and you still want a set aside, you then send it to court, as you said you would.
(this relies on a contested hearing being won, but with the possibility to ask for all your costs)

There's no requirement to do any of this, you could just file the application. As this is a small claim, you are most unlikely to get the costs back if you retain a lawyer, helpful though s/he may be to you. 

Ah. I thought when asking the parking company to set aside, it would be via email. I had read in another forum of a similar case “You should contact the PPC and *tell them* that you will be going for a set aside without consent UNLESS they agree to a set aside with consent.” 

I need to read the set aside forum & then I’ll have a better understanding. 

Coupon-mad

 think getting a solicitor to take on the stress might work better for me. 

No, no, no.  You can't get that money back and the last person who did that has lived to regret it because the solicitor steered them the wrong way and they had to point out stuff from us, to put the solicitor right.  

Come OFF your thread PLEASE.

Just read all the others...I've now said that three times and I mean it to help you.  Get off this thread.

“You should contact the PPC and *tell them* that you will be going for a set aside without consent UNLESS they agree to a set aside with consent.” 

But that is effectively the same as @Johnersh (who is a solicitor) was telling you.  We are being consistent.

I need to read the set aside forum & then I’ll have a better understanding. 

There isn't a set aside forum.  There is the NEWBIES thread which has a small (because it's not complicated) section and 2 example threads, about setting aside a CCJ that you can find in a nano-second by doing 'control & f' on your keyboard (and putting in 'CCJ') when you are looking at the NEWBIES thread.

When you've read those two old examples, read some recent threads that have CCJ in the title.  There are shedloads.

I promise you will get it once you read some more CCJ set aside threads and advice from @henrik777 about the simple steps to take.  You DO NOT need a solicitor and nor do you need to lose sleep over this. 

You can do it.  Literally every poster here does and some are very young and naive, others older and not at all legally minded.  But they all achieve it  The application involves a form and a witness statement about why the claim wasn't received.  

Olive_j

Hello all, I’ve spent lots of time reading the threads linked to the newbie forum. One poster outlines what the judge has asked them during the hearing and they were asked how long after moving they changed their address with the DVLA. I have only recently done this. Am I not skating on thin ice trying to say I could be found using my mortgage/council tax etc? 

Redx

No , because the parking company can only obtain keeper details once , once only , within the first 6 months , never again for the same incident !!

So they are supposed to use trace recovery or do a credit check to get you current address !!

Any issues over not changing your V5C is a private matter between you and the DVLA

Olive_j

Redx said:

No , because the parking company can only obtain keeper details once , once only , within the first 6 months , never again for the same incident !!

So they are supposed to use trace recovery or do a credit check to get you current address !!

Any issues over not changing your V5C is a private matter between you and the DVLA

Thank you… currently on hold to Citizens Advice. They asked if the court forms were sent to the address on the V5. Which they were. I then said should they not have checked my address was correct after no contact and they said they just check the details of the registered keeper via the v5.

Olive_j

Redx said:

No , because the parking company can only obtain keeper details once , once only , within the first 6 months , never again for the same incident !!

So they are supposed to use trace recovery or do a credit check to get you current address !!

Any issues over not changing your V5C is a private matter between you and the DVLA

At what point should they do the track recovery or credit check? Before the claim for is issued? The claim forms were sent 13 months after the initial incident. 

Redx

Olive_j said:

Redx said:

No , because the parking company can only obtain keeper details once , once only , within the first 6 months , never again for the same incident !!

So they are supposed to use trace recovery or do a credit check to get you current address !!

Any issues over not changing your V5C is a private matter between you and the DVLA

At what point should they do the track recovery or credit check? Before the claim for is issued? The claim forms were sent 13 months after the initial incident. 

Citizens. Advice tend to know nothing about these matters

The claimant should have done the track and trace or credit trace at the LBC stage , say 35 days before the court claim was issued , to ensure that they had the current address

They are not allowed to access the DVLA database twice !! It would be a Data breach and a breach of the Kadoe contract too

Redx

In your case a judgment was made so a set aside for either £100 with consent or £255 contested is correct as he says !! , But he is wrong about the £100 with consent option , both are available , the latter requires consent by the claimant

You asked about pre court stage , not post judgment stage

Olive_j

If the company agrees to the set aside, I will pay the £100 but also still be liable to pay the £257 I currently owe? So £357 instead of £255?

Is there a point of trying to contact the parking company? My thoughts were the judge might be more likely to agree if the parking company is happy to set aside.

Should I just go down the contested route. 

Redx

you would be liable for the original judgment total PLUS the £100 on a with consent option , so all costs , everything , unless you negotiated with the parking company and they agreed to pay the £100, unlikely but you never know , so yes, probably £357 ( £257 + £100)

a judge would rubber stamp it , 2 minutes work, no need for them to even think about it, or be happy or sad

its the contested route for £255 where judge 1 sets it aside, then judge 2 at a later date considers all the statements and exhibits , that is what your £255 pays for (you can ask for it back, but no guarantees)