Ccj parking fine

paulr23

i had a parking fine about 7 years ago, I did get letters etc but I was a student at the time and fell for the “private fine dont need to pay it” they did send letters to the address I’m at now and have been living for the last 7 years (bar a few months) letters stopped and I mean I haven’t received a letter here for years so I thought it just went away until I looked at my credit profile today and had a ccj registered on Oct 21

I’ve looked at the ccj and it’s been registered at an address I haven’t lived at for over 3 years as I moved out of there in April/march 2019 so I have no idea why they sent it there considering I didn’t notify them of me living there.

I have no idea who the creditor is, how would I go about finding this information can anyone help? 

Do I have any leg to stand on, I’m more than happy to pay the full amount, I wouldn’t have let it get this far if I was aware of it. 

nyermen

Where was the car's registered address through all this?  Was it at the old address and not changed in good time?  Normally on here, they say that getting a set aside is unlikely if you didn't update your details with DVLA.

Presuming the V5 isn't still at the old address, then that they corresponding to you at your current address (before, presumably, making their court claim at the old address) would - I would have thought - make a set aside much more likely.

That said - you need to have good reason to contest the original "debt" (parking charge - it's not a fine by the way).

Someone with more experience will hopefully be along soon to give better view on whether you've a chance of contesting.

paulr23

nyermen said:

Where was the car's registered address through all this?  Was it at the old address and not changed in good time?  Normally on here, they say that getting a set aside is unlikely if you didn't update your details with DVLA.

Presuming the V5 isn't still at the old address, then that they corresponding to you at your current address (before, presumably, making their court claim at the old address) would - I would have thought - make a set aside much more likely.

That said - you need to have good reason to contest the original "debt" (parking charge - it's not a fine by the way).

Someone with more experience will hopefully be along soon to give better view on whether you've a chance of contesting.

I didn’t change my address with DVLA at all so it was still registered at my parents address where I am now and have been for the last 7 years (apart from when I was at uni and a few months i moved out for) My car would’ve changed as it got written off in maybe 2016/2017 

I just have no idea why they would’ve sent it to that address as I didn’t notify anyone of being there. Must have been because of the mortgage or something if they can even look that up 

Fighter1986

They will have run a trace on your credit file and made a best guess as to which was your current address at the time.

Was the CCJ recorded more than six years after the alleged parking infraction?

If so you have grounds to apply for it to be set aside on the basis that the debt was statute barred at the time they applied for the CCJ. 

paulr23

Fighter1986 said:

They will have run a trace on your credit file and made a best guess as to which was your current address at the time.

Was the CCJ recorded more than six years after the alleged parking infraction?

If so you have grounds to apply for it to be set aside on the basis that the debt was statute barred at the time they applied for the CCJ. 

Yeah I haven’t lived there for ages though so it’s just weird. 

I’ve just called the court and the parking infraction was on the 27/2/2016 and the CCJ was put on 1/10/2021 so I guess not statute barred. 

im not sure what set asiding is, is that removing it altogether?

I don’t really mind paying it, or whatever really. I just want it removed from my file as I wouldn’t have let it get this far if I knew they were planning on a CCJ

paulr23

I’ve just spoken to the solicitors and they run a trace against me in July 21 and my last known address was the old address, although my electoral roll was up to date etc and I was no longer on the mortgage for a long time prior to the that. 

[Deleted User]

Fighter1986 said:

They will have run a trace on your credit file and made a best guess as to which was your current address at the time.

Was the CCJ recorded more than six years after the alleged parking infraction?

If so you have grounds to apply for it to be set aside on the basis that the debt was statute barred at the time they applied for the CCJ. 

Parking companies are meant to use the address held by the DVLA on the V5C, not just randomly send letters to old addresses. If OP has proof the address details were all up to date with the DVLA, and indeed, never changed, they have a good argument against the CCJ

OP go to the parking tickets forum on here (sub forum of the Motoring section) as they will give better advice

paulr23

Deleted_User said:

Fighter1986 said:

They will have run a trace on your credit file and made a best guess as to which was your current address at the time.

Was the CCJ recorded more than six years after the alleged parking infraction?

If so you have grounds to apply for it to be set aside on the basis that the debt was statute barred at the time they applied for the CCJ. 

Parking companies are meant to use the address held by the DVLA on the V5C, not just randomly send letters to old addresses. If OP has proof the address details were all up to date with the DVLA, and indeed, never changed, they have a good argument against the CCJ

OP go to the parking tickets forum on here (sub forum of the Motoring section) as they will give better advice

Yes so they used the V5C document address and this never changed as I'm still living here apart from a few months (Dec 18 to March/April 2019) My car was written off in 2016/2017 so it would have changed address but also changed car owner so it's not fair for them to assume I changed address.

Thanks for the advice, I'll post it there and see what people say, as I say I don't really care paying it as I'm working now, just whatever it takes to get this removed.

Coupon-mad

nyermen said:

Where was the car's registered address through all this?  Was it at the old address and not changed in good time?  Normally on here, they say that getting a set aside is unlikely if you didn't update your details with DVLA.

I hope that isn't being routinely said on the board this thread started on!

Maybe you and @Deleted_User (who thankfully sent this OP to the parking board now) could stop people on whatever board this thread started on, from wrongly telling people that it's 'unlikely' that a CCJ would be set aside if a person hasn't updated their V5 with the DVLA .

That's the case with pretty much all the set asides we advise on.  They are granted!  There is so much more reason to unpick parking CCJs than the DVLA address issue, and we know how to argue it for the Judge to agree.

And we get the £275 fee ordered back against the parking firm most times. Plus the PCN claims dismissed.  People generally pay nothing.

Advice for this one is here now:

https://forums.moneysavingexpert.com/discussion/comment/79032513/#Comment_79032513

We have only seen one parking CCJ set aside refused in years, and that's currently being appealed.