Dilemma-pay CCJ within 30 days or set aside

kiddo19

KeithP said:

kiddo19 said:

My log book should be my current address where I have been living for 4 years.

Why is the word 'should' in that sentence?
Can you not confirm that the keeper's address at the DVLA is your current address, and was you current address throughout 2021?

I said should because I’m certain that my current address is with the DVLA as I bought my car in 2020 and I moved to my current address in 2018. I really don’t know how they got my old address. 

KeithP

kiddo19 said:

KeithP said:

kiddo19 said:

My log book should be my current address where I have been living for 4 years.

Why is the word 'should' in that sentence?
Can you not confirm that the keeper's address at the DVLA is your current address, and was you current address throughout 2021?

I said should because I’m certain that my current address is with the DVLA as I bought my car in 2020 and I moved to my current address in 2018. I really don’t know how they got my old address. 

Surely a cursory glance at your Vehicle Registration Document (V5c) will confirm that?


Look at your V5c for the Doc Ref number. There is a date following it.

On my V5c it's at the bottom of the second page in a box headed "Official use only. Do not write in this space".

The first line format is an eleven digit Document Reference Number followed by a dd mm yy date.

That is the date that your V5c was last updated.


Sorry to be pursuing this point, but they clearly got you old address somehow, didn't they?

Coupon-mad

kiddo19 said:

Coupon-mad said:

What you've just said has decided it, in my view.  Clearly unreasonable conduct and an improperly served claim.

A Judge would be mad (and wrong) to refuse your application.  You should get all your costs awarded (paid by the Claimant - but you must ask for them and describe what happened) and as the claim was never served, they'll have to start again snd serve it.  

That’s such a relief to hear, thank you for helping me feel confident again. 

Can I double check please? if my local County Court grants the set aside, does it mean the CCJ will be removed even after 30 days from the issue date? 

Yes.  Correct.  

But Keith is right - please check your logbook or this could happen to you again.  The parking firm can't have got an old address for you unless the car was registered there.  Something caused this.

kiddo19

I’m back with update. 

I was so adamant about my new address on V5C, until, I checked! So I sent the request to change address with DVLA immediately following your questions here. I genuinely thought all the addresses were changed. Can’t believe myself. 

I now have been preparing for the set aside hearing on 28th June. I read some treads back in 2020 saying that the Judge will not approve the costs to be claimed back due to old address on V5C for a long time (in my case, 4.5years!!) Is this still the case in 2022? If that’s the case, I had 30 days to pay the parking company £281 for CCJ not to be recorded, have I done the wrong thing? 

Another update, I’ve got the SAR in April. Initial PCN was sent on 13th October 2021, for over staying 27 minutes. They sent a letter to my current address on 9th December, then I emailed both Brewery and Gladstones on 2nd January for SAR with confirmation of my current address. I didn’t hear from them. They still then sent all the letters to the old address. 

Umkomaas

kiddo19 said:

I’m back with update. 

I was so adamant about my new address on V5C, until, I checked! So I sent the request to change address with DVLA immediately following your questions here. I genuinely thought all the addresses were changed. Can’t believe myself. 

I now have been preparing for the set aside hearing on 28th June. I read some treads back in 2020 saying that the Judge will not approve the costs to be claimed back due to old address on V5C for a long time (in my case, 4.5years!!) Is this still the case in 2022? If that’s the case, I had 30 days to pay the parking company £281 for CCJ not to be recorded, have I done the wrong thing? 

Another update, I’ve got the SAR in April. Initial PCN was sent on 13th October 2021, for over staying 27 minutes. They sent a letter to my current address on 9th December, then I emailed both Brewery and Gladstones on 2nd January for SAR with confirmation of my current address. I didn’t hear from them. They still then sent all the letters to the old address. 

If your deadline to pay the court judgment has passed, paying now will not alter the key detriment of the CCJ - a shot credit rating for 6 years. 

The only real opportunity to reverse that situation is via a successful set aside. There is little evidence that Judges are attaching that much significance to the defendant not having up dated the V5C (logbook) with the DVLA in a timely manner. But, we can't guarantee what any Judge will determine - his/her court, his/her decision.  Unless you go for it, you're going to get some financial pain until 2028. 

KeithP

Umkomaas said:

kiddo19 said:

I’m back with update. 

I was so adamant about my new address on V5C, until, I checked! So I sent the request to change address with DVLA immediately following your questions here. I genuinely thought all the addresses were changed. Can’t believe myself. 

I now have been preparing for the set aside hearing on 28th June. I read some treads back in 2020 saying that the Judge will not approve the costs to be claimed back due to old address on V5C for a long time (in my case, 4.5years!!) Is this still the case in 2022? If that’s the case, I had 30 days to pay the parking company £281 for CCJ not to be recorded, have I done the wrong thing? 

Another update, I’ve got the SAR in April. Initial PCN was sent on 13th October 2021, for over staying 27 minutes. They sent a letter to my current address on 9th December, then I emailed both Brewery and Gladstones on 2nd January for SAR with confirmation of my current address. I didn’t hear from them. They still then sent all the letters to the old address. 

If your deadline to pay the court judgment has passed, paying now will not alter the key detriment of the CCJ - a shot credit rating for 6 years. 

Oh, that deadline has definitely passed.
It has taken the OP Two whole months (all but a day) to confirm that their V5c has an out of date address on it.

OP, if you are looking to get the Judgment set aside, the courts expect you to act in a timely manner.

kiddo19

I did act promptly to submit the N244 form, 8 days after finding out the CCJ in March. 

It took me a few days to update my address of V5C after my post on here in April. As mentioned I was adamant about my current address being updated a few years ago when I changed address of everything. I checked after being questioned. 

So do you mean the judge will also check when I updated my address on V5C after CCJ? Oh dear, I’m panicking now. It’s over a month after CCJ. 

Coupon-mad

They might ask. Yes.

You need to be ready to turn the question of burden back to the Claimant and what THEY should have done.

You can say it is now up to date, but you need to point out that it is NOT sold as an address for service of court papers. The DVLA give car addresses out for a very limited data purpose and it is NEVER to be taken as the last address a person actually lived or still lives. It's merely an address that a car happens to have been registered at.

Regardless of the old address they got from the DVLA, no parking firm can rely on that months or years later as an address for service, particularly given no replies to letters were received all that time. That silence is sufficient 'reason to believe' the address (on the balance of probabilities) isn't reliable for service.

Further, both the CPRs and the IPC Code require a Claimant to check the details and take 'reasonable steps' to establish a reliable address before filing a claim to an unchecked address (in this case, where a car happened to be registered to, years ago). 

But hey I'm repeating everything we already told @Jack5656 so go read that thread! He updated it when he won and has had pages of recent advice.

kiddo19

I read Jack5656 thread, congratulations to his win! 

It’s concerning that some judges allow addresses with DVLA to be relied on by reading other posts. 

My main argument will be that they had my new address after checking Experian and acknowledged it in the letter to my new address, I also emailed them before serving the claim form. However they still sent the claim form to the old address. 

Do you think that’s a valid point? 

Half_way

It you provided them with up to date information such as a me address, and they still used the old out of date and inaccurate information then you are in the clear on that front.
It also puts the parting company in a little bit of not water as well, add under GDPR/ Data perfection they are required to ensure that personal data is up to date and accurate.
Using an old address despite being told of the new accurate information and then using the old info against you is a clear breach.

Who's cat park was it ?