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CCJ Sent to address not where my car or licence is registered but owned property

Enny26
Posts: 1 Newbie
Hi can someone please help me with a CCJ i received.
I accidentally found out about it as my mum visited my property which i currently do not live in and gave me the letters i received regarding a parking ticket i had in 2018/2019 and as they had not heard from me had gone to the court to issue a CCJ.
My car is registered at the same address in which they have stated that the original ticket issuer sent me mail in 2018. The company who is now chasing me stated that no other attempts were made to contact me since 2018 until now in 2024. This company sent letters to a property I own but do not live in (not sure where the got this address from) and not to the address that my car and driving licence is registered to.
Are they allowed to do this given that my driving licence and car is registered at an address that they did not attempt to send correspondence to in the last 5/6 years (since they claimed to have sent me a letter at this address). What can I do to contest this as i now have a ccj on my record?
I accidentally found out about it as my mum visited my property which i currently do not live in and gave me the letters i received regarding a parking ticket i had in 2018/2019 and as they had not heard from me had gone to the court to issue a CCJ.
My car is registered at the same address in which they have stated that the original ticket issuer sent me mail in 2018. The company who is now chasing me stated that no other attempts were made to contact me since 2018 until now in 2024. This company sent letters to a property I own but do not live in (not sure where the got this address from) and not to the address that my car and driving licence is registered to.
Are they allowed to do this given that my driving licence and car is registered at an address that they did not attempt to send correspondence to in the last 5/6 years (since they claimed to have sent me a letter at this address). What can I do to contest this as i now have a ccj on my record?
1
Comments
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Allowed is not the correct word, they normally trace the new address before issuing a court claim to an address, by doing a soft trace, clearly they used an old address so obtained a default CCJ against you
What is the name of the parking company involved. ?
What is the date of the CCJ. ?
Contesting the CCJ means trying to get a set aside, which costs around £303 unless you qualify for free legal fees. ? So check ( you can ask for the money back in Court but no guarantees. )
Paying it in full does not remove the CCJ, so don't assume that paying it will fix your credit, it won't
You should read the newbies sticky thread in announcements at the top of the forum, studying the set aside a CCJ advice, plus read a few set aside sagas on here over the last couple of years too, to gain knowledge from others who have had similar issues2 -
Forget any concept of a connection between the address on your drivers licence and the one on your V5C. Changing one does not affect the other. A common misconception that is only realised once a CCJ for a parking contravention is discovered.
If you never received a claim because it was served to an address you did not reside at, then the CCJ was issued incorrectly. You apply for a set aside under CPR 13.2 which is mandatory. You also plead that had you been properly served, you had a good prospect of successfully defending the claim and that the set aside should be allowed under CPR 13.3 which is discretionary.
You must act promptly on discovering the CCJ and explain the reason for any delay. You should ask for the cost of the application to be paid by the claimant as they did not serve the claim to the correct address for service.2 -
Do you know the name of the parking company, the location of the car park, and who's car park it was?
Do not attempt to guess as to who the driver was.
From the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"2 -
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
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