CCJ to old address whilst partner was out of the country!!

Cunners316

I've read the newbie threads etc and will be starting a process but wanted to see if our case was any different and needed to be approached in a different manner. I'm greatful for any help, evn if it is just pointing me back to the original newbie threads.

The issue

We received a 'Post Judgement Pre-Enforcement Notice' from BW Legal dated 29th September 2021.
It was addressed to my wife
Client is UK Parking Patrol Office
Balance is £284.18

The letter goes on to say a CCJ has been made against my wife on 26th February 2021 to recover the balance.
It then goes on to offer her a 30% discount, so £198.93 and this can be paid over monthy paymeents of £15.
She is 'Pre Approved' for this discount.
It then says if they have not heard from her by 10th November they will instruct bailiffs.

NOW

We have never heard of either BW Legal or UK Parking Patrol Offfice Limited and my wife has no knowledge of any parking tickets.
We have never received any letters regarding this matter
My wife was out of the country from 25th October 2020 until 15th May 2021.

So I rang (I know I shouldn't have but we had no idea what was going on) and got my wife to allow them to speak to me.
Very rude as was to be expected, not helpful at all.
I managed to get that this was a parking ticket issued in February 2017 in Manchester for a car we owned then. My wife was the registered keeper as we had two cars etc.This vehicle was scrapped in June 2017.
The street the ticket was allegedy given on is directly opposite where I worked at that time at a time I was in work. It is a side street where a parking company claims you need a permit to park, even though it is a public road and there have been many issues with these tickets before.

My wife did not park this vehicle at that spot at that time.

No ticket was issued that we ever saw.

We were living in a different address to the one we now live in.

BW Legal claimed they had sent letters to our old address, including the pre court pack in September 2020 (we were still at the old address they had for us at that time). I asked if they had sent the pack recorded or signed for and she basically laughed at me, saying thats not what they do. We never received anything from BW Legal resembling a pre court pack, or anything to that matter. She had no way of proving they had sent it, apart from a note on her screen.

I asked how they had gotten our address, she specifically said they did not use DVLA, which I though was strange, she said they checked the electoral roll regularly which is how the had sent the Post Judgement letter to our new address (albeit 7 months after the case). Both our driving licences were updated the week we changed address in August so are up to date.

My wifes credit rating has plummeted because of this. We were in the process of looking to get a mortgage and this has severly dented those chances.

So as far as I can tell:

We were given a ticket we never saw
The ticket was against my wife who was not driving the vehicle
We were allegedly sent letters we never received
My wife was allegedly sent a pre court pack that didn't arrive
They put a CCJ against the wrong address (we moved on 1st August 2020)
My wife was out of the country from the period of 25th October until 15th May 2021 so had no opportunity had she received the pack to defend herself
Thry left it 7 months to finally contact us about the court case
They are demanding £284.18 and have backed themselves with a CCJ without us ever seeing any evidence of the ticket.
I asked for copies of all the letters and claim pack to be sent through to us, we have received nothing.

So just where do I start, obviously we want to contest this CCJ and get it set aside to try to rescue my wifes credit and get our house hunting back on track.
Part of me also really wants to make as much noise about BW Legal as I can, from what I have read and witnessed they are the most awful of operators.

As I said, any help will be greatfully received.

Chris.

Coupon-mad

So just where do I start, obviously we want to contest this CCJ and get it set asid

NEWBIES thread second post, which has a section on setting aside. CCJ.  Top of the forum among the Announcement threads.  No link, see my signature.

obviously we want to contest this CCJ and get it set aside.

yup, and you can.  (She can, not you).
 

When you have read the NEWBIES thread section on CCJ set asides, then scroll down the forum and read at least TEN set aside CCJ threads.  Easy to spot from thread titles.  Go back several pages on the forum and particularly seek out replies by resident CCJ set aside expert poster, @henrik777. 

Fruitcake

In addition to the above, send an SAR to the PPC as per the NEWBIES to flush out the original PCN/NTK and all other correspondence. Include proof of ID, but not photo ID.
When you get the details you will be able to determine where precisely the alleged event occurred, and from that determine whether or not if was on private or public land.

Complain to your MP and to Boris. Remind the latter that when Mrs May was PM she promised to put an end to this credit clamping where someone gets a CCJ without their knowledge. 

Was the vehicle's V5C correct at the time of the alleged event, and was it updated when the keeper moved? The PPC is only required to obtain the keeper's details once from the DVLA within six months of the alleged event, and is not required to check it again.

Johnersh

Write a note, now, of everything you remember from that call and date it. Tell me you got a name. If it was not without prejudice it can be relied upon.

You have been told they check the electoral roll regularly. Then they can explain how it is for a parking event in 2017 they issued proceedings to an old address, securing judgment in 2021. Whereupon they then had no difficulty in identifying and corresponding with the correct address.

Something about this account of events seems out of kilter with the usual timings. You need a copy of all documents and to check them carefully. It's unusual for a parking company to issue proceedings and leave it several months before requesting a default judgment. 

D_P_Dance

Read this and complainto your MP as they did nothing.

https://www.dailymail.co.uk/news/article-3786132/I-ll-end-credit-rating-scandal-pledges-PM-acts-Mail-exposes-rulings-ruined-lives.html

Le_Kirk

You should send a Data Rectification Notice to the DPO of the PPC and tell them your new address for service and that you require them to ERASE your old data and to inform all their agents and sub-contractors.

Cunners316

Fruitcake said:

In addition to the above, send an SAR to the PPC as per the NEWBIES to flush out the original PCN/NTK and all other correspondence. Include proof of ID, but not photo ID.
When you get the details you will be able to determine where precisely the alleged event occurred, and from that determine whether or not if was on private or public land.

Complain to your MP and to Boris. Remind the latter that when Mrs May was PM she promised to put an end to this credit clamping where someone gets a CCJ without their knowledge. 

Was the vehicle's V5C correct at the time of the alleged event, and was it updated when the keeper moved? The PPC is only required to obtain the keeper's details once from the DVLA within six months of the alleged event, and is not required to check it again.

V5 was correct at time of alleged ticket. Car was scrapped a couple of months later though. 
I've sent off a SAR asking for everything they have on us, we'll see what we get back.

Cunners316

Le_Kirk said:

You should send a Data Rectification Notice to the DPO of the PPC and tell them your new address for service and that you require them to ERASE your old data and to inform all their agents and sub-contractors.

What would be the purpose of this? 

Coupon-mad

To stop them later using the old address to get a secret CCJ behind your back for £250 ish, ruining your credit rating.

Cunners316

Coupon-mad said:

To stop them later using the old address to get a secret CCJ behind your back for £250 ish, ruining your credit rating.

I'm confused, they've done that already! On Feb 26th this year.

Coupon-mad

To stop them doing that again, once you get the CCJ set aside.  Unlikely but you must never let a PPC keep an old address in their database.