Am I stuck between a rock and a hardplace? Pay for N244 or pay the CCJ

brandonfrs

Afternoon, will try and keep this as short as possible. 
I moved address in April 2022, where I lived with my brother. I recently received a WhatsApp image from my brother of a letter in my name stating I have a CCJ due to a parking fine that I was completely unaware of, I wasn't aware of having received any PCN or notification of a parking fine. I called the court in regards to this, and was presented three options. The first being, I can set up a payment plan, the second I can pay the amount in full, the third I can apply to have the CCJ set aside, to which would cost me around £270 - the CCJ is £290 or so. Therefore, I'm stuck between paying the court, or paying the company which I refuse to do out of principle, purely because of their mistake of sending a PCN and any follow-up material to the wrong address which I didn't even live at (if they had even sent this, I have no proof either way). I expressed my displease to the person at the court, I can't belive that these companies can just do this and get away with it, and now it's me who has to pay for it. I agreed with the person on the phone from the court to have them send me an N244 so I can apply to have the CCJ removed. 

So is this the reality of it? I have to pay for the N244 or I have to pay the company? 

Thanks in advance for any responses.

brandonfrs

Forgot to add, the company (DCB Legal) had the audacity after I called the courts to send me the same letter from the CCJ that my brother had received at my old address to my now new address. Hilarious considering this company has been after me for money through other parking tickets which I have successfully defended thanks to this forum.

Coupon-mad

Yep...

But you'll know from reading the NEWBIES thread section about setting aside a parking CCJ, that the outlay is temporary because the £275 usually gets ordered to be refunded to the Defendant, at most set aside hearings where the PPC used an old address with no 'soft trace' being done.

And you don't pay the PCN, of course.

Is the judgment date within the past 30 days? If not, then paying it off doesn't wipe it.

Latest good example Witness Statement to go with a N244 is I think in the thread by @hallie28 because it cites some great case law about improper service.

Coupon-mad

brandonfrs said:

Forgot to add, the company (DCB Legal) had the audacity after I called the courts to send me the same letter from the CCJ that my brother had received at my old address to my now new address.

That's important evidence for the set aside.

Supports your case...attach it as an exhibit, along with proof of your address and that you are on the electoral roll, the BPA CoP mandatory clause about checking details before litigation, and a copy of your V5C and driving licence to show a clueless Judge that everything has the right address on and you were there to be found.

Umkomaas

I expressed my displease to the person at the court,

Why?  Did you hold them responsible for the CCJ?

What address is showing on your V5C (logbook), if your current vehicle is the one against which the parking charge was issued?

brandonfrs

Coupon-mad said:

Yep...

But you'll know from reading the NEWBIES thread section about setting aside a parking CCJ, that the outlay is temporary because the £275 usually gets ordered to be refunded to the Defendant, at most set aside hearings where the PPC used an old address with no 'soft trace' being done.

And you don't pay the PCN, of course.

Is the judgment date within the past 30 days? If not, then paying it off doesn't wipe it.

Latest good example Witness Statement to go with a N244 is I think in the thread by @hallie28 because it cites some great case law about improper service.

Ah thanks a lot. I had read this alongside other CCJ posts but didn’t see this information. Appreciate it

1505grandad

Which private parking company issued the invoice and obtained the CCJ?

brandonfrs

Umkomaas said:

I expressed my displease to the person at the court,

Why?  Did you hold them responsible for the CCJ?

What address is showing on your V5C (logbook), if your current vehicle is the one against which the parking charge was issued?

Not sure what you mean exactly, I just told them that this seems like an entirely unfair situation for me, where I have to pay them or the parking company without having a chance to defend myself.

Sold that vehicle, however I updated and informed DVLA of my change of address as soon as I moved.

Coupon-mad

1505grandad said:

Which private parking company issued the invoice and obtained the CCJ?

As above.

brandonfrs

Coupon-mad said:

1505grandad said:

Which private parking company issued the invoice and obtained the CCJ?

As above.

DCB Legal

KeithP

brandonfrs said:

Coupon-mad said:

1505grandad said:

Which private parking company issued the invoice and obtained the CCJ?

As above.

DCB Legal

And DCB Legal were acting on behalf of... which parking company?