CCJ sent to my old address

chriscctw

Hi all,

I've read through quite a few of the CCJ threads and they are really helpful, but don't quite fit the advice I'm looking for. I am unsure whether I should be looking to get my CCJ set aside on the basis that it was sent to my old address. Any help anyone has would be much appreciated.

The timeline of events looks like this -

1. 14th Sept 2017 - I moved house, I changed my details at the DVLA for my drivers licence.

2. 3rd October 2017 - I unwittingly parked in a hotel car park for 20 minutes, not knowing I would be liable to a PCN for it.

3. 25th April 2018 - I changed the address on my V5 to my new address

4. 26th July 2018 - The CCJ was ordered 

5. 31st March 2022 - I received a notice of debt recovery letter at my new address.

6. 20th June 2022 - Applied for an ISA on behalf of my child, only to be flagged up that I had an outstanding CCJ so could not continue. Signed up to Experian to get the details of the CCJ.

Event number 5 was the first time I was even aware of the CCJ, knowing I hadn't even been hit with a PCN or anything of the sorts, I assumed it was a fraudulent. It was only when I found the details of the offence that it registered. Is there anything here out of the ordinary that would prevent me from getting the CCJ set aside? The balance of it is £350, but I am more worried about the adverse effect it will have on my credit score, even if it gets marked at satisfied if I pay and contact Experian.

Any help would be appreciated,

Thanks

Coupon-mad

Exactly the same as all the other CCJ set aside threads you've read. No different.

No paying it. You want it removed.

Which parking firm?

You phoned the CCBC for the details and the particulars of claim?

See the CCJ set aside section of the NEWBIES thread and read the most recent example by @Jack5656

chriscctw

Thank you for your response.

Yes I read the thread by @Jack5656 , it's going to be helpful going forwards.

The parking firm is CEL, I have received the email containing all the details from CCBC.

A couple of questions on what next, do I need to request a SAR from CEL? Or straight into filing the N244?

I am struggling to find any info on the appropriate wording of question 3 on the N244, What order am I asking the court to make (a set aside I know) and why? Is it somewhere in the newbies section I haven't looked?

Any help in being pointed in the correct direction would be great.

chriscctw

I have just found a good discussion that starts at a similar point to me, their response to question 3 is 

This is a mandatory set aside situation pursuant to CPR 13.2 but the Defendant has also acted promptly and has good prospects of defending any claim from this Claimant who, the Defendant has ascertained, is a serial litigator of badly prepared parking cases with little evidence. Therefore, CPR 13.3 also applies, to further support the application to set aside the CCJ.

Does that look correct?

Le_Kirk

Search the forum for draft six-point order or draft four-point order

chriscctw

Thanks @Le_Kirk I was planning to include the draft order as a separate Word document along with the N244 form, should I do this and leave question 3 blank? 

chriscctw

My anticipated Draft Order is below -

DRAFT ORDER

 

UPON reading the defendant’s application dated xxxxxx

IT IS ORDERED that:

 
1. The default judgment dated xx November 2018 be set aside. 

2. The claim struck out as the claim form having not been served within 4 months of issue

3. The Claimant do pay the Defendants costs of this application of £275 on an indemnity basis.

Coupon-mad

Looks fine! 

You do not leave Q3 blank. Add in as well 'order to dismiss the claim and for the Claimant to pay the Defendant's costs'.

The parking firm is CEL,

Imagine my surprise (not).

They are the most likely perpetrator of parking claims to old addresses and it is high time they were reported and seen as vexatious litigants.

But HM Courts can't see any of it, and keep letting them carry on.

Le_Kirk

This^^^^^^

chriscctw

Thanks for all the info. 

Something I've just found going through paperwork is a Penalty Notice letter on my partners car where the the offence was 01/12/2017, but the letter from Pastdue Credit Solutions came 13/04/2018. This is what prompted us to look at changing the address of the V5C from her and my car to our new address. 

Does the fact that Pastdue Credit Solutions could find us at our new address add weight to the fact that CEL should have also been able to get the charge notice to us at this address?

Coupon-mad

Yes it does. Costs 29 pence to trace you.  CEL appear not to bother.