PCo used temporary address to obtain CCJ, when they had permanent one

EwanHusarmee

My son was a student and had a lot of issues with parking. In one spell in early 2018 he got 12 PCNs but the court case was dropped in May of that year. All the correspondence for this went to his/our home address. In winter 2019 he was back on campus in halls and got a few more PCNs, some of which he paid. He also had a permit to park (in other spaces) on campus, which would have been registered with the PCo.

We have found that the PCo has obtained a CCJ in August last year at the off campus address my son was at in 2018. Obviously we will try to get it set aside, but should the PCo not be punished for using an address that they should have known was incorrect? It seems very abusive - we are not even sure how they got the 2018 address.

[Deleted User]

They probably asked the university for the current address, though why they did that rather than send to the address at the DVLA is another matter...

EwanHusarmee

But it wasn't his current address in 2019 and as I say - they already had the address the car was registered to from 2018.

Umkomaas

Was the CCJ relating to a 2018 PCN, or to one from 2019?  I think PPCs work very narrowly; I'm not sure they join the dots on the basis of individual names.

EwanHusarmee

2019 -  6 PCNs in total - with costs - its starting to be expensive :-(

Umkomaas

If a court claim was issued to an address at which your son was no longer living, and the PPC were aware (or should have been aware) that another newer address was in play, there is the possibility of your son making a successful set aside application. 

Was the CCJ a single one (covering all 6 PCNs), or are we talking multiple CCJs?

As there is a need to pay to apply for a set aside, your son needs to check (especially if still a student) whether he is eligible for set aside fee relief.

Which PPC, which solicitors?

All about CCJs in the NEWBIES FAQ Announcement, second post.

EwanHusarmee

Hi, First Parking LLC - DCBL - all on one CCJ - got the set aside forms - but looking to stay enforcement first off.

Umkomaas

EwanHusarmee said:

Hi, First Parking LLC - DCBL - all on one CCJ - got the set aside forms - but looking to stay enforcement first off.

I'm not an expert on the set aside front, but just check out whether the application for set aside suspends enforcement action.  Others might be able to confirm, one way or another. 

Coupon-mad

It does suspend enforcement, if you ask for 'the CCJ to be set aside and all enforcement to be stayed' in the N244 box that says 'what do you want the court to do and why?' (words to that effect).  And I would mark the email as 'URGENT' and ask in the covering wording for the application to be immediately put before a Judge to issue an order to stay enforcement.

And phone the CCBC every day thereafter until that happens.

The situation with the address is similar to this one, in that it was neither the DVLA address nor the current current address for the Defendant, merely an interim address that was well out of date by the time of the claim, but presumed by the robo-claim legals to be 'OK' due to it popping up on a soft trace:  That is not enough, they need to be sure.

https://forums.moneysavingexpert.com/discussion/6339804/ccj-parking-fine-dcbl/p1

That person has done a good WS and draft order after researching.

EwanHusarmee

Got a stay and a court date straight away! Next Wednesday. Got some more information from the Claimant now, including copies of loads of letters they claim to have sent to our home address, none of which were received. Slightly wrong address, but this did not matter for a previous case where at least 50 letters were received from the same PCo.

Coupon-mad

EwanHusarmee said:

Hi, First Parking LLC - DCBL - all on one CCJ - got the set aside forms - but looking to stay enforcement first off.

Who did you send this to, this is very quick!  Local court or CCBC? Paid £275 fee?