How to pay CCJ with no paperwork?

morumotto

Hi all, 

My partner has been given a CCJ for a parking fine back in 2015 - we filed a defence back in December and didn't near anything else until we just checked the online register for our old address. We obviously never received the judgment paperwork, so how are we supposed to pay? And if we pay within a month, am I right in understanding that it will be removed from the register? Will it be removed from my partner's credit report too?

Thanks forum  

Jenni_D

What date in December was the CCJ applied?

Is there any reference number against the online register you looked at?

Have you called the CCBC to ask about this?

morumotto

Jenni_D said:

What date in December was the CCJ applied?

Is there any reference number against the online register you looked at?

Have you called the CCBC to ask about this?

The CCJ judgment date according to Trust Online is 7 January. We got the claim form in November and sent a defence email in December.

There is a reference number on the online register, and I haven't called the CCBC yet no - would they be the first stop, or the claimant? 

Jenni_D

Try the claimant too - it depends on what approach you wish to take. (Pay to avoid the CCJ being registered, then raise a claim against them to recover your loss. Or apply for a set aside on the basis that you were not informed of the hearing/the CCBC have made a procedural error in filing your defence)
How did you find out about the claim in November? Did the claim form come directly to your current address, or was it forwarded to you?

Did you inform the CCBC and the claimant of your new address and demand that they erase the old details?

How did you file your defence? By email? Did you get the auto-response email from CCBC? (For this to have proceeded so quickly I suspect that the CCBC have failed in recording your defence so the claimant has applied for a default judgment - defended claims never proceed this quickly).

morumotto

Jenni_D said:

Try the claimant too - it depends on what approach you wish to take. (Pay to avoid the CCJ being registered, then raise a claim against them to recover your loss. Or apply for a set aside on the basis that you were not informed of the hearing/the CCBC have made a procedural error in filing your defence)
How did you find out about the claim in November? Did the claim form come directly to your current address, or was it forwarded to you?

Did you inform the CCBC and the claimant of your new address and demand that they erase the old details?

How did you file your defence? By email? Did you get the auto-response email from CCBC? (For this to have proceeded so quickly I suspect that the CCBC have failed in recording your defence so the claimant has applied for a default judgment - defended claims never proceed this quickly).

OK, I will try ringing the court first and see what they say? An old neighbour forwarded the original claim in November, and we filed a defence by email. We're on the back foot on 2 counts here because we didn't inform them of our new address, and I don't believe we got an auto-response from CCBC either (we did follow the instructions in the relevant thread but something must have gone awry somewhere )

Coupon-mad

Wait, you defended a claim and DIDN'T correct the address for service?  Why would you not?  Clearly the DQ and all paperwork was sent to the old address.

There is no point defending if you know the court has only an old address.  A CCJ was inevitable.

Jenni_D

I still think this is a CCBC failure ... even if the defence was filed and recorded by the CCBC it is highly unlikely that the claimant would have received the defence and responded that they wished to proceed, the CCBC processed it, DQ sent out, received from claimant but not defendant, and the whole thing completed to allow a default judgment to be recorded on 07-Jan-22. Nope - not a chance that all that has happened in ~3-4 weeks.

Coupon-mad

morumotto said:

Hi all, 

My partner has been given a CCJ for a parking fine back in 2015 - we filed a defence back in December and didn't near anything else until we just checked the online register for our old address. We obviously never received the judgment paperwork, so how are we supposed to pay? And if we pay within a month, am I right in understanding that it will be removed from the register? Will it be removed from my partner's credit report too?

I hear on the grapevine, that Keller Lenkner’s senior associate says that they are intending to launch a further group action against the DVLA, known as DVLA2 under the heading ‘bad processing’.

They are looking for around 100 potential claimants who fall into any of the following categories:

 

1. PCN issued when valid ticket purchased (this probably includes other 'no breaches', like double dips).
2. Court proceedings issued despite PCN being paid/appealed successfully
3. PCN issued by unregulated car parking company
4. PCN issued against previous owner
5. PCN issued where faulty ticket machine meant individual could not purchase a parking ticket
6. PCN issued against incorrect vehicle (ANPR fault – picked up incorrect reg plate)
7. PCN/Court proceedings sent to wrong address