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CCJ from 2016 fine

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Comments

  • CCBC has confirmed that the incorrect address was used.

    They've suggested that I contact the claimant to let them know also. Should I do this? Also, assuming that the CCJ is set aside, i imagine that the PCN is still in affect? Do I then appeal against that seperately?
  • B789
    B789 Posts: 3,441 Forumite
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    edited 6 March 2023 at 12:34PM
    You really must get a move on getting this set aside. Any contact with the claimant's solicitor should have been made weeks ago. We know that the wrong address was used.

    You either need to request a set aside with or without consent. You should already know about this from having read the Newbies thread.

    You may get help with any fees if you are on a low income but you have to act fast.

    Based on the timeline you gave earlier, the original PCN was issued Nov 2016. Was the address in the V5C for your car at the time correct for the address you were living in? If so, you should have received that original PCN as you say you didn't move until 16 months later and you sold the car 18 months later.

    What address did they send the claim to? Was it to the address you were living in Nov 2016?

    The reason why you never received the claim is due to you not updating your V5C when you moved in Mar 2018 unless you had moved to your previous address and not updated the V5C on your car at that time.

    Whether you go for a with or without consent set aside will probably depend on your reasons for not updating your V5C each time you moved. Aside from the fact that the PPC/Gladstones should have performed a soft trace on your current address seeing as it was almost 6 years after the parking event before relying on an address obtained in 2016.

    When you get this set-aside, one of your arguments will be that this claim is dead due to the amount of time since it was issued but some judges ignore the law and just grant the set aside and order that the claim is then re-issued which resets the clock.

    That doesn't mean you can appeal against it again. It just means that the claimant can re-serve the original claim.
  • Le_Kirk
    Le_Kirk Posts: 25,096 Forumite
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    CCBC has confirmed that the incorrect address was used.

    They've suggested that I contact the claimant to let them know also. Should I do thisAlso, assuming that the CCJ is set aside, i imagine that the PCN is still in affect? Do I then appeal against that separately?
    Yes, you should, you should send a Data Rectification Notice to the DPO of the PPC/claimant advising of your new/latest address for service and requiring them to ERASE your old data and to inform all and any of their sub-contractors and agents (including their solicitor - if used).  You don't want any correspondence from them going astray.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    edited 6 March 2023 at 3:06PM
    CCBC has confirmed that the incorrect address was used.

    They've suggested that I contact the claimant to let them know also. Should I do this? Also, assuming that the CCJ is set aside, i imagine that the PCN is still in affect? Do I then appeal against that seperately?

    This is exactly the same as all CCJ set asides seen on this forum. We do hundreds per year.

    Read a few, to see what others did (yes there are two hearings and yes you can robustly demand of the solicitor, that the Claimant consents to your set aside application to save costs).

    Best CCJ thread examples from last year are by:

    @Brokenchief

    @Jack5656

    This DOES NOT NOT NOT involve paying the PCN, even if the solicitor says the client will only consent if you pay it.  If that's their stance, you do an application without consent.

    ALL of which is explained already in the CCJ set aside section of the NEWBIES thread.

    And in any CCJ set aside threads you read.

    Did you ask for the CCBC to email you the POC, like we advised?

    You have now known about this CCJ for over a month so you MUST get an application in this week.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Harvez63
    Harvez63 Posts: 426 Forumite
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    Stick with it @crispyjay1987, I've been there and been through it. I also had multiple days/nights with so many tabs open I forgot what I was searching for in the first place. Just have the newbies thread open to reference back to and I promise it'll click one day. 

    Regarding the address, when I phoned the court to pass security they asked me for my address, this was the easiest way for me to find out where the particulars of the claim had been sent because I failed first by giving my current address. When I gave my previous address I passed security. 

    I've just had my CCJ removed, and case dropped thanks to help on here. Many times I thought about chucking the towel in, even getting solicitors at a cost, but honestly if you spend enough time on this forum your see how often/common this is, and how successful everyone is if you dig in and follow the advise. 
  • Just a follow up so far on this case. 

    I submitted an N244 and had the CCJ set aside. That was a win. 

    Next I have to write a defence by the 14th of June against the claim itself. We will be put in a room to discuss potential resolutions.

    The judge basically said that the fact all of the letter etc were sent to the wrong address would not help as my records are not up to date.

    However I can confirm 100% that my details are correct as of the date of the PCN and the date given when the case was submitted to the solicitor AND when the case was submitted to the courts. 

    There's overlap when we moved, sold the car, bought a new one and updated my driver's licence address so there has been 6 and a half years where the details could have been correctly reconfirmed. The claimant also claims to have used my Experian account to confirm my latest address. This has only ever been correct as I've never even registered my Experian account until I was at my current address (5 1/2 years) so this is either false or they have used another incorrect address. They did not confirm what address they tried or the date they tried to confirm. 

    If anyone has an example of a winning defence at this point I would be grateful. 

    Also a big thanks to those who have helped at this point. This has bee a cluster F of information which I was totally unaware of until such a late stage in the game. 
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    edited 2 June 2023 at 3:52PM
    None of that stuff about the address now matters. You got the CCJ set aside, yay!  Well done!

    Just go and use the Template Defence.  No link needed, it is a top 'sticky' (pinned) thread.

    But DO NOT email your defence to the CCBC at Northampton, obviously!  It has to be emailed to your local court and with the C's solicitors copied in.

    We ALSO RECOMMEND you attach your Witness Statement and evidence bundle NOW, even though the Judge has only asked for a defence.  See Harvez63's thread for his he did it, as he's ahead of you.

    Did the CCJ set aside Judge say the C must pay you back your £275 fee, or that the costs are 'reserved'?

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • B789
    B789 Posts: 3,441 Forumite
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    Updating your driver's licence details does not help as the PPC will have used DVLA data from your V5C logbook which many people forget to update at the time.

    Also, your Experian account is not necessarily relevant as they can obtain your details from a soft search which includes details from other sources.
  • None of that stuff about the address now matters. You got the CCJ set aside, yay!  Well done!

    Just go and use the Template Defence.  No link needed, it is a top 'sticky' (pinned) thread.

    But DO NOT email your defence to the CCBC at Northampton, obviously!  It has to be emailed to your local court and with the C's solicitors copied in.

    We ALSO RECOMMEND you attach your Witness Statement and evidence bundle NOW, even though the Judge has only asked for a defence.  See Harvez63's thread for his he did it, as he's ahead of you.

    Did the CCJ set aside Judge say the C must pay you back your £275 fee, or that the costs are 'reserved'?

    The judge said they would honour the cost of the N244 so I didn't need to pay (yet?). Not sure what word he used to describe it. Im waiting on all the final paperwork to be delivered from the case (apparently will take 10 days. 8 days to go as of writing this). Hopefully this will layout the costs etc and where I stand with it.

     Honestly I can't afford the costs either way so I'm not sure what I'm going to do even if the whole thing was dropped tomorrow.

    B789 said:
    Updating your driver's licence details does not help as the PPC will have used DVLA data from your V5C logbook which many people forget to update at the time.

    Also, your Experian account is not necessarily relevant as they can obtain your details from a soft search which includes details from other sources.

    I did forget at the time but the address was correct before we moved so I still had not received anything even prior to moving. 

    The only reason I mention the Experian account is because they claim to have used it to confirm an up to date address, which absolutely can't be true for the reason I mention above. 

    My next step then, the defence template. 
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    edited 2 June 2023 at 4:24PM
    What, you haven't paid £275? 
    Yet you got a hearing of your application?
    Wow! A freebie?

     Honestly I can't afford the costs either way so I'm not sure what I'm going to do even if the whole thing was dropped tomorrow.
    Don't know what you mean?  If you haven't paid £275 you got a free hearing & set aside!  If if's dropped, you walk away.  No money involved.

    You aren't liable for any other costs, and to understand what was ordered about the £275 fee (that you should have paid to the CCBC when putting in your N244) you will have to look at the written Order when it arrives.


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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