CCJ for parking ticket for a car I've never owned.

RudeBoyRaz

Thank you in advance for taking the time to read this thread, I have been using the forum for a long time and can not praise the work of the advisors enough thank you once again.

Well I did a credit search which I normally do every couple of months through the MSE credit club just out of curiosity ( I normally have score of 999 or there abouts). Well it had dropped significantly, I did a check and found I had a CCJ from September so I had missed the 30 days to pay it and have CCJ removed. So this is what follows I 


- Call the court gave them the my details they couldn't match anything for my current address, gave old address and they had a match for a parking ticket dating back to 2016 they gave me the registration number of the car involved which I have never owned, they gave the solicitors details of who was dealing with claim ( Gladstones) and their references number.

- naively I wrang Gladstone and gave them my previous address and told them I do not know anything about the car or the claim. I explained I no longer live at the old address, the girl on the phone wanted my new address which refused to give her as at this point I didn't know if it would be a good idea. She told me they had sent 2 letters to my old address and 1 to a different address they had got from a search which she would not disclose to me. I explained I no nothing about the said vehicle and believe that the CCJ was in error. I asked if they could check and make there hasn't been an error on their behalf she was reluctant to do anything and claimed that the CCJ is genuine and correct as it gone before a judge. The information was obtained from the DVLA. She told me to that it could be classed as fraud if some has registered a car in my name and need to let the police know.


- I did a data check on the vehicle to see if I might recognise the car,

- I now realise the car may have been on hire from an accident management company that I used following an accident in 2016. ( they gave me three cars in about a month and a half becauseof problems with the cars).

So here what I plan to do correct me if I'm wrong 

I know I must complete a N244 without delay ( its already been a week since I  found out about the CCJ) , do I ask the Claimant for a consented set aside or do I just go straight in with a mandatory c13.2 set aside with a c13.3 as a back up. Confused 😕.

If I was to ask Gladstones for  consent that would delay the matter so I think I will bite the bullet and pay the higher court fee i just don't want the judge to say why didn't I ask for consent and mitigate my losses. 

D_P_Dance

Please read this and complain to your MP that nothing was done.

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

D_P_Dance

IIMU that a set aside with consent will cost you money but that one without consent can cost thePPC  money  There is a huge amount of information about this on the internet, andin the newbies.  

Coupon-mad

You should ask the Claimant and/or Gladstones to consent to set aside (without paying the PCN). That is acting promptly, as long as you then move on. And under CPR13.2 set aside is mandatory and there is no requirement under that Rule to act promptly anyway.

Give them (Gladstones and the PPC) seven days to confirm if they will consent due to defective service, and tell them that they confirmed in the phone conversation you had with Gs that the letters and claim were sent to an old address for a vehicle you have never owned.

Don't elaborate on that yet.  You need the SAR to understand and can't guess about the car.  

Meanwhile send a SAR to the PPC which won't come back in time for the N244 (doesn't matter, and don't wait) but it will assist you because it will show how they obtained your data and where they sent letters. It will show you if this was a hire car as long as they divulge the letter naming you as hirer.

They then failed to serve a compliant NTH anyway (regardless of address).  None of them get this right.  But that is an argument for the defence, later ...unless the claim is also struck out (see below)...

When it comes to your draft Order, read the post @Johnersh made yesterday on a CCJ thread, about the fact that if the claim was filed more than 4 months ago (?) then the time to serve it to the correct address has passed and the claim is dead.  It's a good argument backed by case law.

It sounds like the claim was filed in August/September so it will be past 4 months by the time your CCJ hearing takes place.  Ask the CCBC for the date of the claim (issue date).

Which PPC?

Johnersh

now realise the car may have been on hire from an accident management company

Lots of these are shysters with, to coin a phrase, less quality than is to be found in an M&S sandwich.  It's quite possible they gave an incorrect address to the ppc.  It may be advisable to SAR them. 

Thrugelmir

Johnersh said:

now realise the car may have been on hire from an accident management company

Lots of these are shysters with, to coin a phrase, less quality than is to be found in an M&S sandwich.  It's quite possible they gave an incorrect address to the ppc.  It may be advisable to SAR them. 

Never ceases to surprise me how many people assume by ignoring correspondence that it will simply go away. More so once they've moved. 

Coupon-mad

Yep and PPCs take advantage of that at the moment.   Hopefully, the new statutory Code and framework will balance the rights of consumers better, given how unreliable DVLA data is. 

RudeBoyRaz

Thrugelmir said:

Johnersh said:

now realise the car may have been on hire from an accident management company

Lots of these are shysters with, to coin a phrase, less quality than is to be found in an M&S sandwich.  It's quite possible they gave an incorrect address to the ppc.  It may be advisable to SAR them. 

Never ceases to surprise me how many people assume by ignoring correspondence that it will simply go away. More so once they've moved. 

I didn't ignore any correspondence, I did not receive any correspondence, and there was no reason why I would update my address with a accident management company I used a year after I used them. The only correspondence Gladstone said they sent was 2 letters earlier this year and one to another address this year which they would not disclose I moved in 2019 and switched everything over logbooks and all.



edited moved in 2019

Coupon-mad

Fair points well made.  

RudeBoyRaz

When I called Gladstone I refused to give my current address because I wasn't confident they had the right person and did not want be harassed. Was this a bad move and should I disclose my address to them when requesting a SAR or could I ask for it all to be emailed to me. 

Coupon-mad

You won't be asking the solicitor for a SAR.  They will need your correct address though when you email them as I advised.