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County Court Judgement - Set Aside?
LDog123
Posts: 1 Newbie
Hi everyone,
Last year I received a parking fine from National Parking Control Group Ltd for parking in an area I admittedly shouldn't have parked. I wrote back to them disputing the charge on the grounds that I didn't receive the correspondence within the given time frame from the date of the offence. They wrote back to me stating that I still had to pay as they issued the document within the given period and were not liable for delays in delivery. At that point I attempted to pay the fine both online and over the phone on a number of occasions however the automated system couldn't find the parking charge notice number, at which point I stopped pursuing the issue.
Fast forward to Saturday 31st August, I find out from my old landlord that a number of correspondence had been sent to my old rental address. It turns out the fine had been passed onto DCBL who have been chasing me for it ever since, and to my shock it had since been taken to court and a CCJ has been issued against me. All of this I had no idea about as the current tenants hadn't informed me of any letters arriving for me. Also bear in mind that I moved out of that address one month prior to the offence.
The original correspondence from the parking company had, correctly, been sent to my parents address which is registered with the DVLA, as this is a permanent residence given that I have been moving between rentals for the past 6 yrs in two separate cities. Having called DCBL, they obtained the rental address through a 3rd party search. I imagine this was obtained through reviewing my electoral registry info, as this remained unchanged until just before the election this year.
Given this, I'm wondering whether I have grounds to set aside the CCJ, as I didn't receive the correspondence due to miscommunication and system error on their part, and therefore couldn't defend myself. I'm happy to pay the fine as I tried originally, I just don't want the CCJ on my credit record.
Can anyone advise?
Thanks
Last year I received a parking fine from National Parking Control Group Ltd for parking in an area I admittedly shouldn't have parked. I wrote back to them disputing the charge on the grounds that I didn't receive the correspondence within the given time frame from the date of the offence. They wrote back to me stating that I still had to pay as they issued the document within the given period and were not liable for delays in delivery. At that point I attempted to pay the fine both online and over the phone on a number of occasions however the automated system couldn't find the parking charge notice number, at which point I stopped pursuing the issue.
Fast forward to Saturday 31st August, I find out from my old landlord that a number of correspondence had been sent to my old rental address. It turns out the fine had been passed onto DCBL who have been chasing me for it ever since, and to my shock it had since been taken to court and a CCJ has been issued against me. All of this I had no idea about as the current tenants hadn't informed me of any letters arriving for me. Also bear in mind that I moved out of that address one month prior to the offence.
The original correspondence from the parking company had, correctly, been sent to my parents address which is registered with the DVLA, as this is a permanent residence given that I have been moving between rentals for the past 6 yrs in two separate cities. Having called DCBL, they obtained the rental address through a 3rd party search. I imagine this was obtained through reviewing my electoral registry info, as this remained unchanged until just before the election this year.
Given this, I'm wondering whether I have grounds to set aside the CCJ, as I didn't receive the correspondence due to miscommunication and system error on their part, and therefore couldn't defend myself. I'm happy to pay the fine as I tried originally, I just don't want the CCJ on my credit record.
Can anyone advise?
Thanks
1
Comments
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Best to start off heading to the NEWBIES FAQ thread Announcements at top of 1st page.
Find info in the 2nd post - HAVE YOU FOUND OUT ABOUT A CCJ (JUDGMENT FOR CLAIMANT) AND NEED IT SET ASIDE?
1 -
I just don't want the CCJ on my credit record.If the judgment date was less than 30 days ago then paying it off on DCB Legal's website will wipe it.
If you are outside of 30 days, do not pay it but instead, apply to set it aside under CPR 13.2.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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