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CCJ

Live1
Live1 Posts: 17
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Hi there, we have read the newbies threads and would really like some advice. A young relative has received a CCJ from a debt collection agency for not paying a private parking companies (highly immoral) fine. They appealed the initial fine with the letter from this site and received receipt. Not long after they moved house. Now with change of address on license, they have in the past two months received a high fine from the debt collection agency followed by a CCJ entered. The debt collection agency say the parking company requested further evidence (letters that the person didn’t receive). They are distraught. Thank you
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Comments

  • Not_A_Hope
    Not_A_Hope Posts: 705
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    If the claim was not served to the correct address they can apply for a mandatory set aside of the CCJ which will cost £275. The draft notice they submit to the court should include reimbursement of this fee. They need to do this promptly after finding out about the CCJ. They can then prepare defend the ‘highly immoral’ PCN.
  • Coupon-mad
    Coupon-mad Posts: 129,290
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    And this is all covered in the second post of the NEWBIES thread and does NOT involve paying the PCN (which does not wipe it),

    Even the £275 court fee should be ordered against the Claimants in the end if you ask at the hearing, if they used an old address and didn't bother to trace you pre-litigation.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Live1
    Live1 Posts: 17
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    They couldn’t trace them as address on driving licence had not been updated …

  • Umkomaas
    Umkomaas Posts: 41,138
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    Live1 said:
    They couldn’t trace them as address on driving licence had not been updated …

    That's not relevant. Parking firms trace addresses via the details on the vehicle's V5C (logbook). If that's not up to date, get that done pronto (online), as there's a £1,000 DVLA penalty looming over him. 

    Which 'debt collectors' are involved?
    Which parking firm is involved?
    Have you seen the official CCJ (court order)?
    How much is owing on the CCJ?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Castle
    Castle Posts: 4,061
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    Live1 said:
    They couldn’t trace them as address on driving licence had not been updated …

    Nothing to do with a driving licence.
  • troublemaker22
    troublemaker22 Posts: 404
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    They don't trace people through addresses on driving licences.  That's a red herring.  Let go of it and get to grips with the task at hand as described by @Coupon-mad who's an expert on this subject
  • Are you working on the set-aside application?
  • Live1
    Live1 Posts: 17
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    So the date the ccj was sent means that it was received after the one month period of paying it!! Things have now escalated to bailiffs.  Can this be paid off and then apply to have it set aside?
  • Live1
    Live1 Posts: 17
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    Ps. Debt collection agency just said they can’t control the postal service

  • Live1
    Live1 Posts: 17
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    It’s over £300 now
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