CCJ apparently issued months ago!

MancWhite

Hello all,

Last month, you wonderful people gave me some great advice that led to me getting an unfair PCN from those parasites at Debt Recovery Plus cancelled. Now I'm afraid my girlfriend has managed to get herself into an even bigger pickle.

She just received a letter from DCBL (LTD, not Legal!) saying she had a CCJ against her back in August!



(I'd like to make known my absolute disgust at the use of "Can't Pay? We'll Take it Away!" on the footer. Disgusting scare tactic from a show about parasites, but that's neither here nor there)

We have no idea what it's from, but it's most likely a PCN, as far as I can tell, based on the amount. She's had three addresses this year, and changes her V5C diligently. She's had no mail to the house she lives in now, so which she has resided in since July - well before the date of the supposed CCJ. We checked her Experian report, and her address according to the ruling was her first address, which she moved out of in February.

As far as she knows, no PCN, LBC or CCJ ruling has ever made it to her. We can't find who the actual claimant is, only ELMS legal is shown, and there's nothing on the Experian CCJ page about it. My letters from DR+ mentioned the PPC, nothing on here as far as I can tell. Her credit score has taken a massive hit though

I don't know much, but this looks bad to me. She's very stressed about it, and she's on a working visa (which I know isn't in danger here) and doesn't fully understand what's going on, so is worried about her immigration status now.

Are there any steps I can help her take to mitigate this as much as possible? I can't see a way out here that doesn't cost her money. She doesn't have the cash lying around to risk the £275 appeal fee, is going back to her home country for a month next week, but also earns a little too much to qualify for aid. She wants to call them, which I've held her back from for now. 

So my question is, I suppose, how stuffed is she? Thanks in advance.

MancWhite

To add to this, she now remembers in early February 2023 finding a parking ticket stuck to her window saying they'd send a letter if they decide to prosecute the charge. Can't remember what company, but it was definitely private land. We're pretty certain it is this now.

So the timeline looks like:

early February 2023 - Parking fine on car, no letter received until

15th February 2023 - moved house and updated V5C. No mail regarding the fine, and no contact with a previous tenant to inform if a charge arrived.

July 2023 - moved house again, V5C changed once again. No letter arrived.

23rd August 2023 - alleged CCJ made. No letter at either address 2 or 3

22nd January - receives letter shown above at address 3. First piece of mail to show up at house 3.

To this layman, it looks like the legal firm, debt collectors and court failed to do proper due diligence with regards to her address, as any cursory glance at the electoral register, credit reference agency, DVLA would reveal the current address. Is there a case here for an N244?

Coupon-mad

Elms Legal and a privacy notice on the car means a claim from VCS. Sent to an old address.

Is there a case here for an N244?

Of course. And the £275 refunded by VCS.  And the claim dismissed. 

MancWhite

Coupon-mad said:

Elms Legal and a privacy notice on the car means a claim from VCS. Sent to an old address.

Is there a case here for an N244?

Of course. And the £275 refunded by VCS.  And the claim dismissed. 

Is this an "absolutely do the N244 and get the refund" because it's open and shut? She's really sceptical of paying the £275 with no guarantee of success.

Coupon-mad

Yes it is almost a 100% nailed on shoo-in, especially with certain courts.  Which would be the local court?

If the CCJ is over 30 days old, it's a no-brainer to do the N244 because no other path wipes the CCJ.

MancWhite

It was the Civil National Business Centre, hopefully they're one of those "certain courts"?

I'll relay this to her, she wants to talk to Citizen's Advice first but I'm hoping they'll say the same.

MancWhite

MancWhite said:

To add to this, she now remembers in early February 2023 finding a parking ticket stuck to her window saying they'd send a letter if they decide to prosecute the charge. Can't remember what company, but it was definitely private land. We're pretty certain it is this now.

So the timeline looks like:

early February 2023 - Parking fine on car, no letter received until

15th February 2023 - moved house and updated V5C. No mail regarding the fine, and no contact with a previous tenant to inform if a charge arrived.

July 2023 - moved house again, V5C changed once again. No letter arrived.

23rd August 2023 - alleged CCJ made. No letter at either address 2 or 3

22nd January - receives letter shown above at address 3. First piece of mail to show up at house 3.

To this layman, it looks like the legal firm, debt collectors and court failed to do proper due diligence with regards to her address, as any cursory glance at the electoral register, credit reference agency, DVLA would reveal the current address. Is there a case here for an N244?

She just clarified the dates here for me. It seems that she parked on the 9th of March, and only changed her V5C on the 13th of March.

Seems to me now that she screwed up with the PCN and should've been more diligent with her V5C. Funnily enough I got into a car accident on the 9th, and that's what reminded her to sort it!

It also looks like the PPC got her address from the DVLA, and it's her fault for not forwarding her mail, checking with the landlady, or updating the V5C sooner.

Does she still have a leg to stand on here? I still think that the CCJ is unfair and should be struck, but can't really see what grounds she has for appeal. Is it possible for her to have the CCJ struck, and just pay the fine PCN? I think she'd rather do that than go through a lengthy appeals process with potential court dates.

Coupon-mad

No I asked which WOULD be your local court?

MancWhite

My mistake, I imagine the local court for her Manchester Civil Justice Centre?

Coupon-mad

MancWhite said:

My mistake, I imagine the local court for her Manchester Civil Justice Centre

 she wants to talk to Citizen's Advice first

Manchester Judges are pretty good, should award her costs back and might even strike the entire claim out, if she pushes CEL v Chan.  Some Manchester Judges know about that case already.

As seen in other recent CCJ threads.  Please search the forum for:

CCJ Chan Boxwood.

Re the bit I've put in bold in my quote of your replies:  Nononononono!

EEK NO.  She will lose her confidence and sadly, she'll be misadvised.

The CAB are HOPELESS about private parking charges and even worse about parking CCJ set asides (which are a hundred times more likely to be granted than most applications).

I predict their adviser will think it's the defendant's fault for not updating her logbook and IMHO they won't even know that a PPC can't ask the DVLA twice (so not updating it us irrelevant to parking claims), and that PPCs can't just serve a claim to an unchecked DVLA car address because the CoP doesn't let them.