CCJ registered at old address despite knowledge of my current address!!

Jellysocks

Hi

I have recently discovered a CCJ lodged against an old address I moved away from approx 3 years ago.  I only updated my V5 recently  which I understand is one error that leaves me in the current position of having to defend this claim/set aside the CCJ.

I had received the original PCN as the current resident of my old address happened to drop it off.  I appealed/complained and got a POPLA number which I didn’t then do anything with – again an organisational error.  During the period between issue of PCN and the CCJ being registered, the PPC wrote to my current address advising that they understand I live at this address (this bears a reference to an additional PCN).  I have contacted the Court and have the details PoC.

Am I right in thinking that I must first write to the Claimant as per troublemaker22’s advice (https://forums.moneysavingexpert.com/discussion/comment/80636476/#Comment_80636476) asking the PPC  to agree to set aside their erroneously lodged CCJ given that they have admitted knowing my actual address yet using an old address to serve the paperwork?  I would then wait 2 weeks, before heading down N244 route if no joy?

Any advice or additional tips gratefully received.

Thanks in advance.

Coupon-mad

Yep.

Then see the CCJ thread by @Zbubuman which has more case law than the other examples.

Jellysocks

Thank you!

I am putting together the letter referred to above from the template kindly provided, but the Civil Procedure Rules quoted don't quite fit given they knowingly ignored my correct address:

" (3) Where a claimant has reason to believe that the address of the defendant … is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).

The Claimant is a member of the British Parking Association (the ‘BPA’) and is bound by the BPA’s Code of Practice which gives voice to CPR 6.9(3) in the following terms:

 24.1c Before serving a Letter Before Claim and prior to the issue of proceedings, Operators must, if no responses have been received to the NTD/NTK/reminder letters, take reasonable endeavours to ensure that the contact details for the person you are writing to are correct".

Is there something more relevant I could quote that would achieve a direct hit on the lack of care taken in using the address they have for me?

Coupon-mad

During the period between issue of PCN and the CCJ being registered, the PPC wrote to my current address advising that they understand I live at this address (this bears a reference to an additional PCN).

1.  Did that letter come from the POC or from the legal firm, or from a debt collector?

2.  Did you reply confirming which address was correct?  You really really should have...

3. Are you saying that letter was actually about a different PCN that's not on this claim?

4.  Have you seen the POC emailed from the CNBC and know which PCN(s) it's about?

Jellysocks

Thanks for your queries Coupon-mad.

1. The letter came from the PPC rather than any legal or debt collecting associates within which the PPC confirmed its knowledge of my current address.
2. I did not reply - I mistook this for the original PCN which I naively thought I'd dealt with.
3. Yes - the letter relates to a further PCN from the same PPC for another alleged infringement but arrived several months prior to them processing a CCJ against my old address for the original PCN
4. I have the POC and I know it refers to a different PCN than the one the PPC wrote to my current address about.  I now get debt collection letters for both PCNs to my current address on a regular basis.

I have suffered financial exclusion since the CCJ, missing out on a mortgage and preferable credit card deals which have dried up and left me paying over the odds for debt I would normally manage quite proficiently.

I feel the first fire to put out is the CCJ related one hence my focus on this to this point however if this is the wrong strategy I am happy to be corrected and am grateful for any advice.

Thanks again for your time.

Coupon-mad

Definitely deal with the CCJ urgently as you are required to show that you acted promptly.

See the CCJ set aside section of the NEWBIES thread, as you know, and adapt the wording to tell the solicitor that their client KNEW your correct address in MONTH/YEAR and should never have reverted to an old DVLA address for any parking charges.

Castle

Jellysocks said:

Thanks for your queries Coupon-mad.


3. Yes - the letter relates to a further PCN from the same PPC for another alleged infringement but arrived several months prior to them processing a CCJ against my old address for the original PCN

Is it for the same vehicle?

Jellysocks

It is for the same vehicle Castle - yes

Jellysocks

Okay so having written to the Claimant they've dismissed my invitation to set aside (I guess this is fairly normal) - looking at heading down N244 route now with @Zbubuman as my guide.......

Coupon-mad

Good. Their refusal needs mentioning in your WS as unreasonable under the circumstances.

Jellysocks

Thank you sir - just pulling together the WS, meanwhile my Draft Order looks like this:

CLAIM No: XXXXXXX
BETWEEN:
XXXXXXXXXXXXX LTD (Claimant)
-- and --
XXXXXXX (Defendant)
______________________________________________
DRAFT ORDER
______________________________________________
IT IS ORDERED THAT:

 

UPON considering the application of the Defendant to set aside the Judgment by default entered on [date];

AND UPON reading the evidence in support of the application;

AND UPON the court taking note that the Claimant was not entitled to default judgment, having failed to serve on Defendant's usual residential address;

AND UPON more than 4 months having passed (CPR 7.5 refers) from issue of proceedings [date]

IT IS ORDERED:

1.      The Judgment by default entered against the Defendant on [date] is hereby set aside.

2.      The claim be struck out as more than 4 months has passed from issue of proceedings [date].

3.      Costs of the application be paid by the Claimant to the Defendant in the sum of £303.

I just have a couple of quick questions if anyone has a moment.....

Q1 - do we mention costs of a day off work here or is that just if you end up defending?

Q2 - what am I putting in the free format box at Q10 of the N244 - a simple list of exhibits to be provided separately right?  Including the PPC's unreasonable response to my letter before action, etc

Apologies if I have missed some detail from the wealth of information kindly provided in the many threads I've reviewed.