CCJ - previous address - please help

LNE4224

Hello!

I recently completed a credit check and saw a CCJ against me alike to many previous posts.

I completed a check on my current and 2 previous addresses.it’s marked against my last previous address - date of judgement 3rd March 2022. - amount £316

I contacted the CCBC to ask what this CCJ related to and it’s a charge for staying in a car park more than 2 hours in 2017. They have emailed me the particulars of the claim and also the N244 
CLAIMANT;  HIGHVIEW PARKING LIMITED
SOLICITOR: DCB LEGAL

At the time of this incident the car was registered to my address prior to my previous address - I believe I updated my address details with the dvla after this incident and I sold the car approx June 2017. I didn’t receive any correspondence at my previous address and sold the property June 2021, moving into my current property -  I also updated the electoral role with my current address

I have sent a SARS request to the DVLA to confirm 1- the start and end dates I was the owner of the vehicle and 2- what addresses it was registered to (specifying dates) whilst I was the owner. 3- a list of companies the DVLA shared my data with.

Please can I kindly ask for some guidance for the next steps I should take? Should I proceed with the N244 and risk paying out - losing and having to cover the £316 or should I draft a letter advising I will pay the £316 on the basis DCB remove the CCJ? I’m new to this so sorry if I haven’t given enough info or left anything out 

thank you 

Coupon-mad

Just do what it tells you to do in the CCJ section of the NEWBIES thread.  ACT PROMPTLY!

This DOES NOT at any point involve paying £316.  

Also carefully read 2022 examples of successful CCJ set asides and copy/adapt their WS and Draft Order:

@Brokenchief

@Jack5656

@aluminiumminimumimmune

LNE4224

Hi - please could someone kindly read by below draft? i will add the below evidence - Should i also include proof of updated electoral register

- Email between myself and council in 2017 after a visit showing renovation works being completed and did not move in until 21st Feb - reason i did not amend my log book on the vehicle i received the parking notice against

- letter of completion of current address in June 2021

- utility bill of current address in June 2021

- email from council confirming move request received for previous address

- utility closure bill of previous address

A) I ask that the judgement to be set aside as it was not served to my address
I ask that the original claim to be dismissed
C) I ask for the claimant to pay cost of the court fee and credit check search report fee to be reimbursed

Default Judgement
1.1. I was the registered keeper of the vehicle at the time of the alleged event.
1.2. I understand that the claimant obtained a Default judgement against me in relation to an assumed claim of a breach of the terms on CS signs.
1.3. I would like it known that i had no knowledge of either the parking charge notice or county court judgement dated March 2022. The parking charge notice in question is dated 17th February 2017. the vehicle was registered to my previous address. We were at a temporary address until completing renovations and moving in 21st February 2017. I did not receive any parking charge notices or court documents to the address this CCJ is marked against. I sold the vehicle June 2017 and I also updated the electoral register in October 2017. I moved again in June 2021 and did not receive any parking charge notices or court documents to my new address. I updated the DVLA and electoral register on my new address and did not receive any parking charge notices or county court judgement documents. I was only made aware of the judgement and its details while using Experian credit score to look into remortgaging my current property.
1.4. In addition to the above, i'd like it highlighted that the integrity and law abiding intention of the defendant should be taken into consideration on the basis that;
1.4.1. I discovered a CCJ on my credit score on Tuesday 3rd January 2023.
1.4.2. I contacted the County Court Business centre on Tuesday 3rd January 2023 to obtain information on the default judgement as i had no information or knowledge of why it was there.
1.4.3. I willingly submitted my case in order to set aside this judgement and fairly present my case as soon as i could on 6th January 2023.
1.5. I believe the claimant has behaved unreasonably in pursuing a claim against me without providing clear evidence that i was informed of the penalty charge notice or county court judgement as well as insuring they held my correct contact details.
1.6. On this basis, I believe the claimant has not adhered to CPR 6.9(3) where they had failed to show due diligence in using an address at which the defendant no longer resides. The claimant did not and has not taken reasonable steps to ascertain the address of my previous or current residence despite having several years to establish an address. This has led to documents being incorrectly served along with questions as to whether they were ever served at all.
1.7. Considering the above, i was unable to defend this claim. I believe the default judgement against me was issued incorrectly and thus should be set aside.

Coupon-mad

Should i also include proof of updated electoral register?

I would.  

Change this as shown:

I understand that the claimant obtained a Default judgment against me in relation to a purported and extortionate 'parking charge' that I knew nothing about and I have seen no evidence to support it.  Once the CCJ is set aside for want of good service, should the court fail to dismiss this 'dead' claim, I will defend it in full and I deny liability for any sum at all.

Change all your numbering to normal numbering.

You need to look again at the examples I gave you because you haven't even mentioned the vital '4 months dead claim' argument, to urge the Judge to dismiss the entire claim.

We also need to see your Draft Order, which (unlike the WS) will be a word document with blank dates for the Judge to fill in.

1505grandad

A heads-up  -  there is no middle "e" in Judgment in this context. Google CCJ  -  and as C-m has stated above.

LNE4224

Thank you will update the above and  provide the draft for your review too

2 questions 

I have proof of being on the electoral reg at my previous address but I am awaiting proof of the date I was added to the electoral reg in 2021 for my current address to prove dcb didn’t follow due deligence to contact me at my current address for this CCJ dated 2022 - I’ve been told this could take up to 5 working days-shall I wait for this before submitting the N244. I have my docs from solicitor showing completion date of my current address in June 2021

LNE4224

Second Question- when emailing the N244 will the CCBC accept attached email evidence or do I need to convert all evidence to PDF?

LNE4224

Ignore Q 1 - just received the below email from electoral services!

Please see attached Certificate of Residency confirming your electoral registration at your given address. We can confirm your application to register was received in September 2021.

Coupon-mad

LNE4224 said:

Second Question- when emailing the N244 will the CCBC accept attached email evidence or do I need to convert all evidence to PDF?

Everything must be a PDF except your Draft Order = must be a word doc with blank dates.

LNE4224

DRAFT ORDER
CLAIM No: XXX
BETWEEN:
Highview Parking Limited Solicitor: DCB Legal (Claimant)
-- and --
XXX  (Defendant)
______________________________________________
DRAFT ORDER
______________________________________________

IT IS ORDERED THAT:
1. The default judgment dated on 11th March 2022 be set aside.
2. Costs to be reserved.
3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/22 paragraph 1.2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £275 and the claim shall be struck out.
4. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 1.2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £275
5. All enforcement be put on hold pending the outcome of the application

LNE4224

Do i input the default judgment date?.. and leave the date on point 3 blank?