Did not update address, can i still get a set aside? And if so what happens after?

TerryDown

Hi everyone.

As instructed to all the newbies i have read through the sticky thread and around many other forums but still find myself scratching my head, in particular with two main issues. These are:

1. The content / structure of the N244, and what the WS to go along with it should contain, and should not contain

2. If in my case I have a solid defence? and even if I do get it set aside do i then need to fight the parking ticket? can I do so given my circumstances (basically not having much evidence and not being hot on changing address details) as set out below?

OK so here is a brief timeline of events.

I recently discovered a CCJ through receiving a text from Empira ("We have been instructed to enforce a judgement against you in the above amount" - that being just shy of £300). I then checked my credit report. It was issued 3 MONTHS AGO so here I am trying to mount a defence to get a set aside, I understand I need to "act promptly" to successfully get a set aside. is this date from when it is issued or when I found out about it? I only found out very recently and am acting fast to try and get it sorted.

I have received NO PAPERWORK AT ALL AT ANY TIME

I contacted the CNBC who gave me some details, turns out it was for a parking fine issued in the summer of 2022. Unfortunately I have not kept up with changing my address every year, as I have moved every year, but here are the details

Address A - This is where the CCJ was issued, I moved out of here in 2019

Address B - I updated the DVLA as to this address change in 2019, and I have not changed it since then, however I have since moved address 3 more times to...

Address C - in 2020

Address D - in 2021

Address E - in 2022 I moved here, and have been here ever since.

The CCJ was served to address A, about 3 months ago, despite the DVLA having another, more recent, though still old address on file.

I have not updated the DVLA since address B, and I'm not sure if i updated the V5C, i can no longer access the information as I do not have the log book number (sold the car). I have already sent of a SAR to find out if they gave out my address to the PPC, but perhaps i can submit another one to see if i updated my details in the V5C?

In any case, is this the info i need to make a case for the set aside? or does a defense need to come after? I need to ACT PROMTPLY but putting together all of this information takes time.

What do I really need to know and write about in order to get a SET ASIDE? And is it worth it in my case? I'm young and stupid and did not realise just how badly you can get screwed for not being hot on this.

Also i dont really have much in the way of evidence, though i have managed to drag up a tenency for Addresses A and B

With regard to the alleged car parking violation

Should I contact the PPC, or the representative solicitors? or is it best to mount a defense and go to court? I never actually used the car park. I drove in to check and saw it cost so drove back out again. Thats it.

Should I ask for evidence? and if its insufficient try and get a set aside with consent.

Thankyou for your help. This issue is making my head spin as I really dont know the best approach for my situation. Two things to consider though

1. I am willing to fight

2. I think i qualify for support with court fees, so that may be the cheapest way to go

Thanks again

Harvez63

for £14.99 id sign up to Experian CreditExpert, and check the previous addresses on there, see where that puts you. If if shows any other address then address A, as current, it proves they failed to serve you at the correct address for starters

Le_Kirk

TerryDown said:

These are:

1. The content / structure of the N244, and what the WS to go along with it should contain, and should not contain

Search the forum for "set-aside" with and without the " ", there are quite a few.  Set the Drop-down box from "Best Match" to "Newest"

Coupon-mad

Read recent CCJ set aside threads, e.g.

@hallie28

@Harvez63

@parkingpains1

@Jack5656

...to name just a few of HUNDREDS done this year.

Of course the time to 'act promptly' runs from when you discovered the scam CCJ. Do the WS and draft Order & application this month.