CCJ from a private car park

Coupon-mad

The logbook says the date on it.  Not that it's important now, the date on it isn't relevant.

You MUST NOT DELAY any longer.

To set aside a CCJ you must 'act promptly' (the Judge will look at that).  You haven't moved promptly...

A month ago I gave you links to 3 threads where all you need to do is copy their documents.  All you need to do is change dates/details a bit.

Your clock is ticking and you need to do this application next week.

KeithP

Look at the vehicle's Registration Document (V5c).

Look for the Doc Ref number. There is a date following it.

On my V5c it's at the bottom of the second page in a box headed "Official use only. Do not write in this space".

The first line format is an eleven digit Document Reference Number followed by a dd mm yy date.

That is the date that your V5c was last updated.

JaySH

So the CCJ was dated in Nov 2021, and I only just realised that I was already living in the new address a year  before I got the CCJ to the old address and V5C and driving license was updated by then....so this is why I never found out about the CCJ.
I think based on this could potentially be honest to the court and apologise, but also explained why I never knew about this until now. Do you think I can still proceed to set it aside? Thanks

B789

JaySH said:

So the CCJ was dated in Nov 2021, and I only just realised that I was already living in the new address a year  before I got the CCJ to the old address and V5C and driving license was updated by then....so this is why I never found out about the CCJ.
I think based on this could potentially be honest to the court and apologise, but also explained why I never knew about this until now. Do you think I can still proceed to set it aside? Thanks

It's not very clear what you have written above. What was the address on your V5C at the time of the parking event? Anything after that date by more than a week or so is irrelevant. It will be whatever address on your V5C at that time.

Umkomaas

The PPC has only one go at accessing your data from the DVLA. They cannot go back prior to issuing proceedings to check again for any updates, nor does the DVLA update them of any change of address. One go only!

Coupon-mad

You have nothing to apologise for.

Please just copy the ones we've signposted.

JaySH

So,
I received a parking fine from a private car park to the right address ( which I never answered back. To be clear, I pay for 2 hours, but I unfortunately I got back around 30 minutes later. Also at that time, there was no app to pay online and the machine was far away from the parking spot which doesn't help). I moved out to another address (V5C and driving license also updated) The CCJ was issued to the old address. I was living for at least a year in my new address based on the date issued at the CCJ . So basically I had a finance declined, I applied for a credit check and then is when I found out about the CCJ.

Based on this. Now I am trying to find help/tips to fill in with evidence to set it aside.
Coupon-mad I have pm you and I have done a search in the forum and can't find any pdf with examples to follow as I have read in other posts.

Hope this is now a bit clearer. Thanks everyone for getting back to me.

Coupon-mad

You don't need to search the forum.  I gave you three links to profile pages.  That shows their threads.

What you describe is the same as all other CCJ set aside cases.  You did nothing wrong; this is the Claimant's fault for failing to trace you.

You must just copy what other people did and get this CCJ set aside.

B789

OK. So you've clarified that you received a PCN at your old address which you ignored. Not an issue. Later you moved to a new address but hadn't informed the PPC about your new address. In the meantime, all correspondence about the PCN went to your old address. Fast forward to now... you discover a CCJ when you applied for some credit.

So, the PPC and/or their solicitors, never bothered to do a soft search for your current address, even though they'd had no response to any communications to their demands. In other words, the Claim was issued defectively and you need to now apply for a set aside.

There are many threads on here about set asides based on this common problem. The Newbies/FAQ thread contains advice on what to do about a set aside. You need to act promptly once you discover the CCJ otherwise a judge may not allow it.

Obtain a copy of the judgment from the court or through Registry Trust Limited. Check the details of the CCJ, including the date it was entered, the amount owed, and the name of the creditor.

Determine the grounds for setting aside the CCJ. Under CPR 6.15, where a claim form has been served at an incorrect address, the defendant may apply to the court to have the judgment set aside, if a judgment has been entered against them without them being aware of the claim. If the defendant can show that they did not receive the claim form due to it being served at an incorrect address, they may also be able to have the judgment set aside under CPR 13.3.

You will need to complete the N244 form, which is the application notice for setting aside a judgment. You will need to provide details of the CCJ, the grounds on which you are applying to set it aside, and any evidence to support your case. This is what you should search for on the forum.

You will need to file the N244 form with the court, along with any supporting documents/evidence and the appropriate fee. You should also serve a copy of the application on the creditor or their solicitor.

If the court grants your application to set aside the CCJ, a new hearing will probably be scheduled. You will need to attend the hearing and provide any evidence to support your case. You should also draft a defence against the original claim to show that you have a good prospect of defending it, should it be re-served. However, you should also be arguing that the original claim should be thrown out on the basis that it was defectively served and more than 4 months have passed since the original issue date. 

If the court does not grant your application, you may be required to pay the amount owed plus any additional costs. It normally costs £275 to file your N244 in a "without consent" set aside. You could try writing to the solicitors for the claimant and ask them to order a set-aside with consent as they failed to serve the claim to the correct address. However, itis likely that they will either refuse or only offer to do so if you pay the original demand that was on the claim. Watch out for them trying to hoodwink you by them making a set-aside order which could leave you out of pocket.

JaySH

Coupon-mad said:

You don't need to search the forum.  I gave you three links to profile pages.  That shows their threads.

What you describe is the same as all other CCJ set aside cases.  You did nothing wrong; this is the Claimant's fault for failing to trace you.

You must just copy whet other people did and get this CCJ set aside.

Thank you. I have click on the three links but only take me to their profile. That is why I pm you earlier. 
Thanks