CCJ - Parking fine (DCBL)

paulr23

Following on from this thread, I was advised to post here as to get some advice https://forums.moneysavingexpert.com/discussion/comment/79031698#Comment_79031698

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” and it was parking at a residential parking spot where the fine was obtained and I was parked in a VP spot (visitors parking) so it's a totally unjustified parking fine but thats another matter. The CCJ is registered at an address I haven't lived at for over 3 years now and I only lived there for a period of 4/5 months (Dec 2018 - April/May 2019) the car where I had the parking infringement probably got written off in the same year as when I had the parking fine in the first place. I did receive letters to my address where my car was registered to which is where I now live at again (my parents) I never informed the creditor that I moved out of this address so they chose to change the address to the one I lived at for the period of 5 months. I enquired about this on the phone and they said they run a trace against me in July 2021 and it was deemed I was living at that address, my electoral roll is up to date so I don't know why I would have been deemed at that address considering I was no longer on the mortgage for a long time prior to that.

Can anyone help me with this situation, I was only aware of the CCJ literally as of yesterday when I checked my credit file. I really don't mind paying the fine, I am able to do this. I just don't know my rights in this situation. I would ideally like to speak to the creditor but phone calls always lead me to their collections team who continuously ask me to make payment, which I am more than willing to do but I need to get this set aside. 

I don't really know how I can prove that I wasn't at the address the correspondence was going to, I can imagine the person living there (my ex) was sending returned mail also.. I can look at the register of the house I guess and this will tell me when I effectively sold that house.

So my question is really, do I have a fair case to set aside?

Is it worth speaking to the creditor and getting them to agree to set aside and going through that route?

If I do set this aside, will I still have to pay the fee (£309 now and was about £50 to start I believe) along with the set aside court fee?

Any help appreciated.

paulr23

I am unsure on the best route to go down.

I can apply to get consent to set this aside with the creditor and then I only have to pay the £100 fee... + the fine

Or 

I apply directly to the court with no assurance that it will be set aside and lose £275 if it is not set aside.

If anyone can help me I would really appreciate it as I'm worrying alot. I have a copy of the title deeds of the house where the correspondence was sent to and it clearly states who the proprietor was as of 12.10.2020 when I sold this house (I moved out a long time before that) 

KeithP

We now have two thread about this issue.
Here's the other one...
forums.moneysavingexpert.com/discussion/6339739/ccj-parking-fine

paulr23

KeithP said:

We now have two thread about this issue.
Here's the other one...
forums.moneysavingexpert.com/discussion/6339739/ccj-parking-fine

Yes sorry, I was advised to post it on this sub on that thread so I did. I feel like this thread is more up to date than the previous one also as I have since spoken to the court,claimant etc.

Coupon-mad

Let's stick with this one because some wrong advice was given on the other one, such as this, which isn't correct:

Normally on here, they say that getting a set aside is unlikely if you didn't update your details with DVLA.

No, we never say that on this board so if's really disappointing if that's what regulars on the debt free or credit boards say (wrongly).

You can certainly apply to set it aside and quite possibly get your £275 fee ordered to be paid back to you by the parking firm because they served a claim to neither the DVLA address (where you could be contacted) nor where you were living in 2021.

Is it worth speaking to the creditor and getting them to agree to set aside and going through that route?

Yes, do that urgently to the solicitor - NOT BY PHONE - but you don't offer to pay anyting, not even the £100 PCN.

If I do set this aside, will I still have to pay the fee (£309 now and was about £50 to start I believe) along with the set aside court fee?

No.  Which board did you post on please?  We need to stop them telling people what they did about the DVLA address; it's completely wrong!

You pay nothing because you get the CCJ set aside and then - unless the Judge dismisses their claim too, as it is 'dead' (see below) - you defend the PCN and win.  And hopefully get your £275 back due to their unreasonable conduct of sending a claim to an address they presumed from a soft trace.

There is a section in the NEWBIES thread second post about setting aside a parking CCJ.  But the most up to date examples are found by searching the forum for:

4 months dead set aside CCJ 

Filter for 'discussions' and 'newest' on this parking board only.  Copy a late 2021 or early 2022 version of witness statement that includes the fact the claim is dead. 

paulr23

Coupon-mad said:

Let's stick with this one because some wrong advice was given on the other one, such as this, which isn't correct:

Normally on here, they say that getting a set aside is unlikely if you didn't update your details with DVLA.

No, we never say that on this board so if's really disappointing if that's what regulars on the debt free or credit boards say (wrongly).

You can certainly apply to set it aside and quite possibly get your £275 fee ordered to be paid back to you by the parking firm because they served a claim to neither the DVLA address (where you could be contacted) nor where you were living in 2021.

Is it worth speaking to the creditor and getting them to agree to set aside and going through that route?

Yes, do that urgently to the solicitor - NOT BY PHONE - but you don't offer to pay anyting, not even the £100 PCN.

If I do set this aside, will I still have to pay the fee (£309 now and was about £50 to start I believe) along with the set aside court fee?

No.  Which board did you post on please?  We need to stop them telling people what they did about the DVLA address; it's completely wrong!

You pay nothing because you get the CCJ set aside and then - unless the Judge dismisses their claim too, as it is 'dead' (see below) - you defend the PCN and win.  And hopefully get your £275 back due to their unreasonable conduct of sending a claim to an address they presumed from a soft trace.

There is a section in the NEWBIES thread second post about setting aside a parking CCJ.  But the most up to date examples are found by searching the forum for:

4 months dead set aside CCJ 

Filter for 'discussions' and 'newest' on this parking board only.  Copy a late 2021 or early 2022 version of witness statement that includes the fact the claim is dead. 

Thanks for the advice, I'll read that thread in a moment.

I have contacted the claimant (DCBL) by email advising them to consent to set this aside and sent proof of the land registry deeds of that address. I haven't advised them I will pay this or anything, just simply to agree to set this aside.

If they looked at my address on DVLA they would see that my name (if they can search peoples names on DVLA) was always registered to the address I am at now, so they purely were going off the trace which apparently returned a high score (their words not mine)

I originally posted that other thread in the credit file forum I think, or something like that. 

Coupon-mad

They can't ask the DVLA twice.

Concerning advice on the credit board - forget it and stick with us.  Very worrying if they think PPCs can use old DVLA addresses without checking properly.   We do this all the time for people like you.

paulr23

Coupon-mad said:

They can't ask the DVLA twice.

Concerning advice on the credit board - forget it and stick with us.  Very worrying if they think PPCs can use old DVLA addresses without checking properly.   We do this all the time for people like you.

So do I now wait to see if DCBL respond to my email regarding setting this aside? 

I've crawled through a few threads...

Or do I also submit a N244 form to the CC about this, and I assume people are writing a covering letter as there isn't a lot of space on the form.

Cheers

Coupon-mad

You haven't done the search I advised, where I said you would find examples of the witness statement you need about the claim being dead.

paulr23

Coupon-mad said:

You haven't done the search I advised, where I said you would find examples of the witness statement you need about the claim being dead.

Witness statement needs to go to whom though, the court? 

I did have a look but I couldn't see much mostly it was your comments saying about that I believe. I'll take another look

Coupon-mad

You need to search again and read more results. Those other threads have exactly what you need, advice down to the nth degree, and you need to spend more than a few minutes reading them.

Find a good example and you can literally copy what others did.