Old address, CEL, not replying to a claim form

billybobfish

- Parking fine from CEL back in 2018
- All correspondence went to an old address
- 2 months ago a letter from the court arrived at the old address saying I had not replied to a claim form and was asked to pay.
- I have today only received this letter and all other correspondence from the resident at the old address and have paid in full and now have a CCJ as it was approx 2 months overdue.

My main issue here is that the original 'claim form' from the CCBC that I 'ignored' is nowhere to be seen.  They claim they send it approx one month before the fine. Surely something like this should usually be sent recorded?  Thanks

Le_Kirk

They use normal post.  Why was the old address in play, did you fail to update your information with the DVLA when you moved OR is there a possibility that you did this but there was a crossover between updating and the parking event?  If you have been and/or are in contact with CCBC ask them to where and upon what date the N1 claim form was sent.  Is your V5C now up-to-date?  Real fines can be issued if not!  Now that you have paid the judgment it will be marked as satisfied and will limit your ability to obtain credit for up to six years.  If you don't care, just leave it but if you might need to remortgage or obtain credit/phone or new bank account it that time, you should seriously consider a set-aside.  Info on this process is contained in the NEWBIE sticky.

Umkomaas

Please read the NEWBIES FAQ Announcement, second post, which includes advice on applying for a set aside, based on the fact that CEL used an old address to issue court proceedings. 

You should never have paid the court order once the initial deadline was passed as that does not sort out the CCJ affect on your credit rating. Not all is lost, but it will take some work to resolve to your benefit. 

billybobfish

Le_Kirk said:

Why was the old address in play, did you fail to update your information with the DVLA when you moved OR is there a possibility that you did this but there was a crossover between updating and the parking event? 

Yes, there was a crossover I believe.  

Coupon-mad

 and have paid in full.

Oh no. Wrong move.

Why do that before coming here?  This doesn't give you much leverage at all now. Also, you didn't have to pay it at all. No-one just pays parking charges from CEL here and certainly not if they've been negligent (with their usual MO of no address checking) and caused a CCJ!

Best you can do is a quick email to CEL telling them the claim was never served because they failed to check your current address for service. To put this right, you have paid as soon as you found out about the improperly-served CCJ but will be applying to set it aside and will claim the £275 fee back to be ordered against CEL for their wholly unreasonable conduct.

In the alternative, you ask that their Legal Department accepts the full settlement made and now provides a Consent/Tomlin Order confirming that both parties agree the claim was not served to the right address and the CCJ should be removed by the court.

And erases your old address immediately from their database and communicates either by email or at the correct address which is

xxxx
xxxx
xxxx

Give them until the end of July to provide the Tomlin Order. If they can't be bothered, you must then NOT DELAY and must apply to set aside the CCJ as seen in loads of recent cases, e.g. read the threads by:

@Jack5656
@eb23456

billybobfish

Thanks all.  Just to be clear on my position, the original parking ticket DID go to my old address when I lived there and I saw this, but after I moved all the other correspondence including court letters went to this old address over a 14 month period.  I didn't setup mail forwarding as my step daughter lives there, but foolishly she stuck all the letters in a pile and forgot about them ;-(  I am guessing that I don't actually have much leverage at all now.  Or do you think that the Consent/Tomlin Order may still be worth perusing?

Fruitcake

If you did not live at the old address when the claim was issued, then it was not properly served. The claimant could have used a credit trace that costs pence, but chose not to do so.

Umkomaas

The fact your step daughter lives there is irrelevant, she is under no obligation to pass on your mail, no more than if you'd sold your house to Fred Bloggs. In any event, how would CEL know this?  Don't let it get in the way of you ploughing ahead. 

Coupon-mad

billybobfish said:

Thanks all.  Just to be clear on my position, the original parking ticket DID go to my old address when I lived there and I saw this, but after I moved all the other correspondence including court letters went to this old address over a 14 month period.  I didn't setup mail forwarding as my step daughter lives there, but foolishly she stuck all the letters in a pile and forgot about them ;-(  I am guessing that I don't actually have much leverage at all now.  Or do you think that the Consent/Tomlin Order may still be worth perusing?

I knew all of that when I posted my advice. It's what always happens and CEL were required to trace you before filing a claim.  Would have cost them 29 pence. They are at fault.

Nothing has changed about my advice and if you read the 2 threads I linked you to read, you'd know your situation is normal (except you unnecessarily paid...which I think eb23456 did as well).

Same story as we always see re CEL.

billybobfish

Thanks all.  I will send a letter to them now asking for a Consent/Tomlin order.  Failing that, I will obtain a setaside which I believe if I obtain the CCJ is removed and it simply goes back a stage where the LBA takes place and then the MCOL route etc?  

Le_Kirk

Hopefully you mean that if CEL refuse the consent route (£108) you will seek a set-aside without consent (£275)