Help to fight unknown CCJ due to claimant sending to wrong address

Freeeeee

Hello, 

I just found out on a credit report 2 days ago that I have a CCJ decided in March 2021 I was unaware of. I managed to finally get though to the CCBC just now and have found it’s from Norwich Traffic Control/BW Legal for a parking charge issued 7/10/2016 for my vehicle and the total judgement amount of £286. 

The address the claimant and court has sent everything to is a similar address but in the wrong town many miles apart with a different postcode  so it’s clear I did not receive anything. 

The person I spoke to said I can make an application to set side for £275 but said that it isn’t guaranteed that it would be accepted and that there would need to be a good reason to dispute the judgement? 

I’d really like some help in knowing how to steer this, I have successfully defended a previous highview parking claim at court but no experience of defending a CCJ judgement already made. 

The particulars: 

THE CLAIM IS FOR THE SUM OF £129.64 BEING THE CONTRACTUAL CHARGE DUE FROM THE DEFENDANTIN RESPECT OF A PARKING CHARGE NOTICE (PCN) FOR A CONTRACTUAL BREACH WHICH OCCURRED ON 07/10/2016 IN THE PRIVATE CAR PARK/LAND AT NORWICH COMMUNITY HOSPITAL NR2 3TU IN RELATION TO A VW REGISTRATION MARK XXXXXX. THE PCN WAS ISSUED AS THE DEFENDANT FAILED TO COMPLY WITH THE TERMS AND CONDITIONS, AS DISPLAYED. DESPITE DEMANDS, THE CHARGE REMAINS UNPAID. THE CLAIM ALSO INCLUDES STATUTORY INTEREST PURSUANT TO SECTION 69 OF THE COUNTY COURTS ACT 1984 AT A RATE OF 8% PER ANNUM (A DAILY RATE OF £0.02) FROM 07/10/2016 TO 27/10/2020 BEING AN AMOUNT OF £29.64. THE CLAIMANT ALSO CLAIMS £60.00 RECOVERY COSTS AS SET OUT IN THE TERMS AND CONDITIONS AND IN THE ATA AOS CODE OF PRACTICE.

Judgment: 

DEFAULT

01-MAR-2021

Judgment Amount: 189.64

Total Costs: 97.00

Total: 286.64

Instalment Amount: 40.00 MONTHLY

First or Full Payment Date: 26-MAR-2021

I feel like I do have a vague memory of a hospital appointment which ran over at the stated site and am sure I made contact with the parking after getting a ticket but they didn’t agree to do anything about it. And I honestly can’t remember much else about it.  I’m guessing that they then just before it was statue barred decided to resurrect it over 5 years later and make a claim. 

Any advice would be greatly appreciated. 

Many thanks 

Coupon-mad

You'll get this set aside as a mandatory duty on the court, because your attached evidence will prove the Claimant has been writing to an incorrect address. You should also get the Judge agreeing with you that this is the fault of the Claimant, and they should refund your costs of the application.

Read the CCJ set aside section of the 2nd post of the NEWBIES thread.

Copy the example of others who have done it; e.g. the thread by @Brokenchief and also get your head around the 'four months dead' argument and the skeleton argument and authorities he sent just before his hearing.  You must do the same.

As the PCN is from 2016, if you also win the '4 months dead claim' argument in front of your Judge, the whole claim must be struck out AND they can't file a fresh claim because the cause of action is more than 6 years old!

Freeeeee

Thank you so much for this advice @Coupon-mad so reassuring in a stressful situation, especially when we have remortgaging coming up! 

Can I ask when you said the 4 month dead argument, skeleton argument and authorities do these get sent as part of the witness statement attached to the N244? 

Many thanks 

Coupon-mad

No, keep them SEPARATE, and not sent at the same time, so the courts don't tell you they can't print more than 50 pages.  Do the WS and N244, Draft Order and your evidence, etc., as one bundle to the CCBC now.  Ring up next week and pay the fee and check they got your email attachments and that all is OK.

Then wait till the case is allocated to your chosen local court - CCBC will send a NoA - and send a DQ N180 - TO YOUR LOCAL COURT IMMEDIATELY THE CASE IS ALLOCATED THERE - if there are any dates when you will not be available for a hearing (this is important, if you have holiday, work committed weeks or family celebrations in the Spring).   Unimportant if you literally don't care about which date the hearing will be.

THEN when you get a hearing date, you pounce with the skelly and the 4 authorities AND the relevant (BPA or IPC) Code of Practice about checking addresses before litigation, and that - copied from the thread by @Brokenchief - gets emailed to the local court, and hopefully you can keep that under 50 pages, too.

Then nothing will get chucked out.  Have a read of the thread by @Harvez63 because he had his N244 rejected for too many pages.  His case is also well worth reading because he has done so flipping well to get to where he is now with a hearing date coming, despite feeling crippled and 'in a dark place' caused by this rogue industry.

And I'm not talking about parking operators... The worst conduct is by the DRAs and roboclaim lot IMHO.

Le_Kirk

If you are going to rely on the claimant having the wrong address (or making garbage out of the address they got from DVLA) just make sure that the address shown in your V5C is correct and was correct at the date of the event.