Unexpected CCJ - Now won and claim dismissed!

Mathmagician

Good morning
Similar to others I discovered I had a CCJ from a CRA update earlier this month. Here's the timeline

December 2021: Parked at a leisure centre in my father's car. The signage stated "free to leisure centre users at all time". I was unaware you had to enter your registration number on a tiny tablet on the way in (had a printed sheet of a4 near it to indicate it)
January 2022: Father receives NTK. Usual £60 reduced to £30 if paid within XX. I didn't want my father to have to deal with it so told him to pass my details on. I duly get the notice that I owe the amount from Minster Baywatch.
February 2022: I email in the evidence that I was a "user of the leisure centre" and didn't feel I owed the amount. I recieved no response to the email.
June: 2022: Moved house to new address.

Fuzzy bit: this is the bit I need help with. They clearly did do the soft trace on me because they wrote to me at the new address sometime in 2023 (I think it may have been during the easter holidays). I rang them to say I do indeed live here, I dispute the amount and it will have to be decided in court. Unfortunately I don't know how I can evidence this....

January 2024: They then filed at the old address and got the judgement by default (gladstones I think)

February 2nd I found out from crdit club about the CCJ, rang the court and got some basic information (don't have the PoC or the Judgement!). Spent last week swatting up and want to file the N244 today.

My question is, how do I address the fact that they traced me to the new address, I phoned them to confirm I was there (which I can't really prove) and they still served at the old address? 

Thanks
Mathmagician

Coupon-mad

Get the POC from the CNBC by email by phoning them and stating on the phone.

Do not rush the N244 today. 

Send a SAR to 'them' (whoever you phoned, which I doubt was the parking firm?) and ask for the full PCN History record including copies of all letters, a copy of the CRA trace returned in 2023 and notes about and the recording of the telephone conversation with you after that.

Mathmagician

Than you. Will do.

Mathmagician

Right thank you. That was worth doing.
So they sent a LBC to my new address on the 23rd of August. I knew I wasn't remembering particularly well. I then called them to confirm that I was indeed at that address.
So they clearly had my new address, they also had my email address.
Still waiting on the full SAR stuff but it's clear that, despite knowing where I lived went for the CCJ at my old address.

Mathmagician

Right have had a look at the correspondence I have so far:

NTK (my father): 13 December 2021
Acknowledgement of appeal (to my father who pressed the wrong button): 21st December
Notice to driver (me): 24th January 2022
In the meantime I notified them of my intention not to pay and supporting evidence
Demand for payment (to me): 23rd February 2022

Then radio silence until:
25th August 2023: LBC to old address
1st September 2023: LBC to new address
I then called them to confirm new address.

Then the court judgement on the 4th of January
They sent an enforcement letter on 11th of January.

I've wracked my brain about the phone call and I remember getting to a dead end with the operator because she claimed she wouldn't deal with me because I wasn't the RK of the car. I gave up and hung up because my father was abroad at that point. I guess that's the sticking point because they will claim they were within their rights to pursue the debt at the old address?

Debszzzz2

Mathmagician said:

Then radio silence until:
25th August 2023: LBC to old address
1st September 2023: LBC to new address
I then called them to confirm new address.

I've wracked my brain about the phone call and I remember getting to a dead end with the operator because she claimed she wouldn't deal with me because I wasn't the RK of the car. I gave up and hung up because my father was abroad at that point. I guess that's the sticking point because they will claim they were within their rights to pursue the debt at the old address?

Hopefully a valuable lesson learnt in that a phone call is not with the paper it is written on. ALL comms should be, preferably, by email which provides an evidentiary record of having communicated something.

However, that doesn't absolve them from reverting back to an older address when you were there to be found from CRA checks.

Coupon-mad

Who is the named Defendant? You or Dad?

Mathmagician

I'm the named defendant.
After the first NTK and the acknowledgement of my dad's accidental appeal, everything was in my name to the old address.
The exception was the one LBC to the new address September 2023 which I unfortunately only responded to by phone.

Nellymoser

Address problems..please support this.
So many people don't receive 1st and/or 2nd pcn but the £170 payment due letter often manages to drop through letter boxes.

PPCs always claim discounted rate/full rate pcns/court claim letters were sent though they offer no evidence to prove this. Since they CHOOSE NOT to provide evidence of their posting we must continue to press gov to ensure they do and see it included in the new Parking CoP.
Please sign/share @jmccabe petition closes 22nd june 2024.
https://petition.parliament.uk/petitions/652355
Require communications from Private Parking companies to be traceable/trackable
Thank you Good luck

Mathmagician

Signed.
So, final question then. Should I wait for the full SAR to come back? My understanding is that they can take a while.
If there is a record of my phone conversation it will show me saying that I received the LBC at my new address, I still duspute it and a court needs to decide.
Then the operator gets muddled and decides she can't speak to me anymore because I am not the RK. I explain she can't talk to the RK because he's in France. I then give up and hang up.

Coupon-mad

Should I wait for the full SAR to come back?

No. Just say what you know happened re that phone call.

Show us your draft WS and Draft Order.