Found CCJ awarded against old address despite the company knowing my new address.

Ellkat73

Coupon-mad said:

I am not sure how a forum can have clearer signposts about niche matters like setting aside a CCJ.

There is a section about what to do in the advice thread for newbies and that's where it all is.  No signpost needed and we are certainly not doing a Flowchart because things change snd we adapt and perfect our advice regularly.

Did you realise you can simply do a Control &F search for a keyword when on the NEWBIES thread (as you can on any forum thread)?  The keywords set aside or CCJ takes you straight to the right paragraph of the guidance.

If you got a solicitor to set aside a CCJ you are talking many times the CCJ amount.  Here, it's free and all you do us read other set aside threads and copy what they did.

I wasn't asking for a flow chart.  I just think it would be helpful and save a lot of time for all parties who use this forum including those people who are kind enough to offer advice to others on here if the templates could be clearly signposted e.g. Application for set aside due to papers being sent to old address  rather than having to read through all the comments and try to figure out which one is most applicable to your case.  I'm also interested to know if trying to impersonate a solicitor and using all the legal jargon is necessary if defending yourself?  Surely the judge must be prepared to accept that an ordinary member of the public would not be party to legal turns of phrase.  I wonder if this is a situation where it's all very straightforward if you know how, but if it is your first venture into this area it is quite a lot of information to take in and can be very confusing.

Ellkat73

I have just spoken with the Court Business Centre and have been told that if I pay before XX December 2021 that the judgement will disappear, although it is also viewed as acceptance of guilt and I can no longer apply for a set aside.  Whilst I feel that this is like a forced confession, given the ramifications of having a CCJ I don't see how there is an alternative course of action other than to pay it.  I am then able to 'claim against them', but run the risk of simply incurring more fees.  It looks like that having principles are costly and that the saying that the law is an !!!!!! is completely sad but true.

Coupon-mad

Sadly, the way the English courts work, you would have to quote CPR 13.2 and 13.3 and explain how they support your case for set aside.

You would not be expected to provide a Draft Order - we just do that to help lead Judges in the right direction and we find it helps.

A WS about not receiving the claim,  proof of moving house/wrong address used by Claimant, an allegation in your own words that they failed to trace you and could and should have done before serving a claim, a completed N244 form and sufficient knowledge of what CPR 13.2 and 13.3 say, would probably get most CCJ cases over the line.

If the templates could be clearly signposted e.g. Application for set aside due to papers being sent to old address  rather than having to read through all the comments and try to figure out which one is most applicable to your case. 

I get that, but ALL parking CCJ set aside cases here are about old addresses being used.  There are no other scenarios except for (rare) court cockups.

All CCJ cases here are the same, all applicable to you and you could (honestly) copy from anyone on any CCJ thread.

Jenni_D

Ellkat73 said:

I have just spoken with the Court Business Centre and have been told that if I pay before XX December 2021 that the judgement will disappear, although it is also viewed as acceptance of guilt and I can no longer apply for a set aside.

What is the date of the CCJ? Unless the judgment has been handed down within the past 2-3 weeks then the CCBC was talking nonsense ... paying a registered CCJ does NOT "make it disappear", it merely makes it marked as Satisfied. (I'll not repeat what I said previously as you can just read my previous post).

Le_Kirk

Jenni_D said:

Ellkat73 said:

I have just spoken with the Court Business Centre and have been told that if I pay before XX December 2021 that the judgement will disappear, although it is also viewed as acceptance of guilt and I can no longer apply for a set aside.

What is the date of the CCJ? Unless the judgment has been handed down within the past 2-3 weeks then the CCBC was talking nonsense ... paying a registered CCJ does NOT "make it disappear", it merely makes it marked as Satisfied. (I'll not repeat what I said previously as you can just read my previous post).

From the OP's first post it was 22nd November so OP should be OK on this occasion.

Jenni_D

Thanks - in that case the CCBC are correct - OP could pay the judgment and it wouldn't get registered. Not ideal but the least-effort solution.

Ellkat73

Jenni_D said:

Thanks - in that case the CCBC are correct - OP could pay the judgment and it wouldn't get registered. Not ideal but the least-effort solution.

Sadly yes it is, but I have spoken to the law firm looking at the class act over data breaches in the hope that one day I might be able to get the money back of the thieving buggers.  I'm super cross as ZZPN knew my address and had written to me there twice, but sent the court papers to my previous address    I'm incredulous that this is allowed to happen in the first place.  C'est la vie I guess

Jenni_D

You could always look at raising your own claim against them/the PPC for a data breach ... they retained data on you that they knew was invalid yet filed a claim against that knowingly-invalid address.  

(The group action claim is against DVLA ... if your address registered on the V5C related to the old address at the time of the PCN then that's the only address DVLA could supply. Whether them supplying your details for this PCN was a relevant action is another matter, and may make you eligible to join the action).

Half_way

As previously mentioned, you are in an incredibly strong position over this , both against the parking company and its principal ( ie landowner/car park owner) , it shouldnt be C'est la vie to eh parking company,  but  a case of Oi what the hell are you playing at - through your urine poor systems you have put me at a distinct disadvantage

Ellkat73

Jenni_D said:

You could always look at raising your own claim against them/the PPC for a data breach ... they retained data on you that they knew was invalid yet filed a claim against that knowingly-invalid address.  

(The group action claim is against DVLA ... if your address registered on the V5C related to the old address at the time of the PCN then that's the only address DVLA could supply. Whether them supplying your details for this PCN was a relevant action is another matter, and may make you eligible to join the action).

Interestingly I only found out about this alleged parking infringement (I didn't know due to poor signage and torrential rain that I was supposed to put my registration number into reception) after remembering to change my address on the V5 about 8 months after I moved.  I received a 'debt collection' letter from ZZPN before my new log book!  I understand that due to that the claim against the DVLA is relevant, but I am looking into how I can make a counter claim, as ZZPN refused point blank to provide me with any information preventing me from disputing the original alleged defence.  I was waiting patiently for the summons so I could defend myself in court only for them to send the details to my old address.  Thankfully I am signed up for credit alerts with Credit Karma, otherwise I would still be blissfully unaware.  Not paying the CCJ off seems to be penalising me more than the parking cowboys, but I won't give up there.  So if anyone has any advice on how to submit a claim to get my costs back I am all ears