CCJ issued, to wrong address, despite telling them 3yrs ago of move 12 July 2022 at 1:30PM edited 12 July 2022 at 1:54PM in Parking tickets, fines & parking 489 replies 12.5K views

Harvez63

This has all come as a massive surprise and I'm feeling really anxious about the implications this will have for me! I've just checked my credit score which has always been 999/999, but noticed it was now reading poor suddenly! I signed up and after scrolling through Experian noticed a CCJ against me dated 08 Apr 2022

Heres the original thread which I can only assume it relates to: https://forums.moneysavingexpert.com/discussion/comment/76051102#Comment_76051102

I notified premier park of my address change, and they responded via email on the 06/11/2019 of the updated address


I have a case number for Northampton County court, but how do I check what its for?? 

I've not received any letters at my new address, 100% 

How has a CCJ been snuck against me, without knowing anything about it 

Coupon-mad

Ring up the CCBC and ask:

- which claimant
- which solicitor
- what address did the claim go to
- please can they email over the Particulars of claim.

Then read the CCJ set aside threads by:

@Jack5656
@eb23456
@msx999
@paulr23

and copy what they did, if Premier Park won't pay to reverse this CCJ themselves under the circs.

Urgently email Premier Park the evidence that they were meant to have erased that old address, and tell them THEY must get their solicitors to put in an N244 application to set the CCJ aside by consent at their own £108 cost, or you will (no later than the end of July) pay £275 for a hearing and will apply for a mandatory set aside without consent and will ask the court to dismiss the claim and award all your costs.

Harvez63

Thanks for the reply. Whats CCBC without the acronym?

Coupon-mad

You could Google it...but it's the Northampton County Court Business Centre.

Harvez63

Coupon-mad said:

You could Google it...but it's the Northampton County Court Business Centre.

Apologies, I did try but wanted to make sure it was correct. I'm new to all this and dreading the worse

Just on the phone to them now to ask those items mentioned above 

[Deleted User]

Just for your reference, the 999 score is a gimmick, no-one ever sees it but you, it's never seen by lenders who all use their own scoring methods 

Harvez63

So do I respond to their latest email, which happens to be the acknowledgement of address change with;

Dear Sir/Madam

I am writing in reference to a CCJ obtained against me by yourselves (representing UK Premier Park LTD) on XXXXXXXX. The case reference is: XXXXXXXXX.

It is filed under an old address I have not resided in since November 2019. This old address is XXXXXXX. I notified Premier Park LTD of the changed address on 04/11/2019h, to which Premier Park LTD responded with acknowledgement of change of address 06/11/2019.

All my accounts and records were updated to my new address immediately after moving home. The DVLA were notified at the same time about my change of address. It is abundantly clear that no basic trace was performed in order to serve at my correct address which is contrary to the rule of service CPR 6.9. 

Furthermore the BPA Approved Operator Scheme Code of Practice states:

“32.1b Before serving a Letter Before Claim and prior to the issue of proceedings, Operators must, if no responses have been received to the NTD/NTK/reminder letters, take reasonable endeavours to ensure that the person being written to is the correct party.”

Please can you confirm what steps were taken to ensure details were indeed correct.  

I am seeking consent for a mandatory set aside (under CPR 13.2) and for UKPC Ltd to pay the £108 court application fee. Please can you confirm your consent or refusal - you have 7 days to reply.

If no reply is received by xx/xx/xxxx I shall file a N244 set aside application with the court and will seek to claim the £275 N244 fee and well as additional costs for having to take a day off work for the court hearing.

Yours

XXXXXXXXXXX

I'm still on hold with CCBC awaiting to ask about the claimant information 

Harvez63

So just had confirmed the claimant was Premier Park LTD, with their legal team being BW legal in relation to the parking ticket mentioned in post #1

Umkomaas

Harvez63 said:

So just had confirmed the claimant was Premier Park LTD, with their legal team being BW legal in relation to the parking ticket mentioned in post #1

In that case you won't be putting this in your letter!

and for UKPC Ltd to pay the £108 court application fee.

I am seeking consent for a mandatory set aside (under CPR 13.2) and for UKPC Ltd to pay the £108 court application fee. Please can you confirm your consent or refusal - you have 7 days to reply.

You are not seeking their consent, you are requiring them to make and pay for a consent order to get this set aside. If they refuse, you go for a mandatory set aside. Don't give them the 'option' you seem to offer them to consent or refuse. This is their error, they need to sort it!

Harvez63

Apologies I rather hastily copied and paste (why do I get the feeling I'll be saying this a lot). 

Could you help me with the response, I am not good with stuff like this

Grizebeck

yes ignore the made up credit score, dont panic this will get sorted but dont think it will be done in a rush, it wont be