No notification of original parking charge or court action - CCJ - what do I do now?

JessKaya

Hi, and apologies as I know there are endless threads on this already, I'm overwhelmed and I've seen some replies where people say "we can help", who are they? Companies that help you appeal charges or CCJs? Or is the "we", MSE?

I wasn't notified of a car parking charge, which I now know was incurred when I lived at my former address. In February 2022 I moved house, and found out last month, Nov 2023, (only because of a remortgage application) that I had a CCJ registered against me.  I rang the court to find out what the CCJ was for and it was two parking charges for exceeding the time available for free parking. The CCJ was dated 11 months after I moved house. I presume that when I called, the court told me the dates and amounts of the charges, but I didn't have the presence of mind to make a note of them.

I didn't update DVLA before Nov 2022, but there would have been several items of evidence on searchable records that would have shown my new address w.e.f. February 2022.  I didn't receive any notification of court action - is it likely that that might have been sent to my previous address, and roughly when, if the judgment was listed in November 2022? I had a redirect arranged for post (a friend who had access to the former property, not a Royal Mail redirect), but I have received no notifications relating to this debt, either at my old or new address.

I would be grateful for any advice, and I have seen comments on threads referring to witness statements that can be copied, when requesting a judgment be set aside - what are the best search terms to enter, to find these?

Many thanks for all advice.

Coupon-mad

We = MSE.

See the CCJ set aside section of the NEWBIES thread that includes links to half a dozen completed CCJ set aside cases.

JessKaya

Thanks, where is the NEWBIES thread? A search just brings up any post with the word Newbies in.  Similarly with "CCJ set aside".  How do I find the NEWBIES thread and the "CCJ set aside" therein?

KeithP

JessKaya said:

Thanks, where is the NEWBIES thread? A search just brings up any post with the word Newbies in.  Similarly with "CCJ set aside".  How do I find the NEWBIES thread and the "CCJ set aside" therein?

Have a read of that poster's signature. 

JessKaya

Thank you.  Should I obtain the details of the dates/times of the alleged times that I was in the car park for? Should I do this by phoning the court again? Or contacting the car parking company (or subject access request)?  Do I need this information for the "set aside" request stage? Or do I only need that for the "defence" stage that follows? There seem to be a few templates nestled in various threads, what is the best way to find the most recent set aside template for a retail car parking non-notified CCJ? Thanks.

JessKaya

This is my proposed witness statement so far for the set aside request:

"On dd month yyyy I found out, through checking my credit reference (prompted by a remortage application) that a CCJ had been lodged against me in the sum of £nnn, in respect of parking charges incurred at [location]. At no time did I receive any notification of these charges, consequently I had no opportunity to ascertain the veracity or otherwise of the charge and either to pay or dispute the initial charge.  Had I received such notification, I would certainly have taken action to verify the information and either pay the charge or dispute the claim.

The CCJ is registered against me at the address [address 1]. On dd month yyy I moved to [address 2].  As I have stated above, I did not receive any notifications of parking charges due whilst I was living at [address 1], and I did not receive any redirected mail at my current address [address 2] that notified me of any court proceedings. At no time have I received any notification of court proceedings against me.  If I had received any notifications at all, I would certainly have taken action to pursue the matter, but I was unaware of this CCJ until I checked my credit record on dd month yyyy."

Putting this here for any comment, and going back in to the newbies thread to see what legal provisions are contravened by the non-notification of the CCJ, as I presume that is my claim, that the CCJ was not correctly notified, in contravention of..... [insert legal reference here]

Coupon-mad

"either pay the charge or"

Remove that phrase because your case will be stronger if you say there are prospects of defending the claim (PCN itself). Which there always are and you don't need to know anything about it, except you need to ring the CNBC and get them to email a copy of the POC.

DO NOT HANG ABOUT.
DO NOT DO A SAR.

Applications to set aside a CCJ must be done 'promptly' (the rules require it) and a Judge will look at that when deciding.  The application must be in next week before the CNBC closes over Xmas.

Copy from the ones in the NEWBIES thread.

JessKaya

Thank you.  What is a POC?

JessKaya

Is this the Newbies thread that you mention? https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou#latest

So I look for example set aside requests for non-notified CCJs in the above thread?

JessKaya

Thank you again, I'm going with this one and popping it here so I don't lose it amongst other threads, what a great result for this person: https://forums.moneysavingexpert.com/discussion/6423700/suprise-ccj-civil-enforcement-ltd/p1

I found this out on 16/11 actually so I haven't jumped into action, paralysed by fear, but will get on to it now.

Coupon-mad

POC is in the 5th post of the Newbies thread.  

You need to read more up to date examples than an application filed almost a year ago.  Witness statements this Summer are better.