CCJ after not receiving Parking Fine Documents

Xamxamxam

Hi hoping for some help. 

I recently discovered through my credit report that I have a CCJ (13th Sept 2024) for a parking fine I didn't know I had. The parking contravention apparently took place on 27th July 2023. I called the court who said that the fine was issued on 26th Feb 2024, and the documents sent out in March 2024. Between this time I had moved house, and my driving licence and logbook were updated to my new address. However, the fine was sent to the address where the logbook was registered 7 months earlier. 

I therefore did not receive the fine and the only information I have about it is what I was told when I called the court (the Business centre in Northampton). 

It seems that I can submit a TE9 form as I am within the 21 days of the CCJ. Does this sound like the correct form? 

The parking was at a Lewisham (London area) shopping centre car park, but it is apparently managed by a private company. 

Also, the TE9 states that I need to enter my details as they appear on the TE3 Order for Recovery form, which I assume is the parking charge notice, which I never received. Is this correct? If so this would likely be the previous address, where the documents were incorrectly sent to - and if this is the case does this mean that they will send any follow up information also to this address? There are no boxes for completing 'current' address as an alternative. 

Given that this form seems to be specifically for people who did not receive the documents (due to it being sent to the wrong address), this seems completely mad. 

Any help and advice would be much appreciated! 

Thank you

Coupon-mad

It seems that I can submit a TE9 form as I am within the 21 days of the CCJ. Does this sound like the correct form? 

Absolutely not.  Hope Citizens Advice didn't tell you that? Or the CNBC?  It's wrong.

This was a small claim CCJ so you have two options:

1.  Pay it in full within 30 days and the CCJ is wiped, or

2.  See the NEWBIES thread CCJ set aside section. Apply to set the CCJ aside. Costs £303 fee which you may or may not get back from the Claimant (usually you can but if you were moving house at/around the time of the claim they'll say that they 'couldn't have known that').  If choosing this option you WILL get the CCJ set aside pursuant to CPR 13.2 (mandatory set aside, no discretion from the Judge needed) and must not pay the scammers (you realise private PCNs are considered the Wild West, and we win in court, yes?).

We prefer option 2 because option 1 means lining the pockets of a rogue industry.

Xamxamxam

Thanks for this. 

Citizens Advice said they were not able to advise, and asked me to call Step Change who advised this. 

So the only option is to pay £303 to set aside the CCJ? So there is no way to declare that the documents were never received because they were sent to an old address? 

Coupon-mad

Xamxamxam said:

Thanks for this. 

Citizens Advice said they were not able to advise, and asked me to call Step Change who advised this. 

So the only option is to pay £303 to set aside the CCJ? So there is no way to declare that the documents were never received because they were sent to an old address? 

StepChange told you to use the completely wrong form? Complain.  They must stop.

The two options are your only options apart from ignoring the CCJ and living with it for 6 years (not recommended for most people).

Xamxamxam

Ok thank you for your help. 

I'll check that thread. 

Can I ask you 2 more questions? 

1. If I apply to set aside the CCJ, does that remove it from my credit score? 

and 2. What is the TE9 form used for if it doesn't work here? 

Gr1pr

1) yes it would, setting it aside is like it never happened 

2) no idea, but the advice given for your current predicament is correct so is what you should be concentrating on 

You can always Google search answers for background information etc , especially with government forms, of which there are thousands , but Google says plenty, including the following 

What does a TE9 form do?

Use this form to challenge a traffic enforcement order outside London boroughs or a parking charge in a London borough.1 Jul 2022

You don't have a traffic enforcement

Once the set aside is granted due to incorrect service of papers ( wrong address used. ) , the original claim would be back, this time to the correct address etc

You may get the £303 back from the claimant, but no guarantees 

Coupon-mad

TE9 rewinds a Council PCN back to appeal, if the person never received it. Completely different and you do need to alert StepChange that they gave out completely wrong advice. 

Xamxamxam

Ok thanks. I've decided to take option 2 to go through the courts on this one, and I've used a template from an old thread to draft a witness statement. 

Do I tick the box on the N244 that I wish to have a hearing?

Is this the kind of thing that I need to submit, or are there any further details that I need to cite? :

I am xxx and am the defendant in the matter.

This is my Statement in support of my application dated xxx to:

1. Set aside the Judgement dated xx September, County Court case number xxxx on the basis that it was not properly served at the Defendant’s current address. 

2. Order for the Claimant to pay the Defendant £303 as reimbursement for the set aside fee;

3. Order for the original claim to be dismissed on the basis that the Defendant has a reasonable defence; or to be re-heard at a new hearing. 

Set Aside Default Judgement

1. I understand that the Claimant obtained a Default Judgement against me as the Defendant on xxx. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until a check on my credit file uncovered it on xxx. I understand that this Judgement was served at an OLD ADDRESS (xxxx).

2. I understand that at the time that the fine was served, the vehicle was registered to the correct current address.

 3. At the time of the County Court Judgement, I was on the electoral roll at a new address, and was registered at a new address with the DVLA and with HMRC. As UK Parking Control had received no correspondence from me at any point, I believe they had reasonable cause to question whether they were using an accurate address over 7 months after the incident occurred and that simple searches could have provided them with the correct address.

4. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s current and correct contact details.

5. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim.

6. Considering the above I was unable to fully defend this claim. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside.

Chronology:

 27th July 2023: An alleged parking error at a shopping centre in xxx. I understand that no charge was issued at this time.

November/December 2023: Logbook for the car in question (xxx) was updated to reflect my current address: xxx

26th February 2024: Parking fine issued.

March 2024: Documents relating to the parking fine were sent to the address to where the car was registered in July 2023.

13th September 2024: Court hearing for the case in question.

19th September 2024: CCJ appears on my credit report. I contact the court that morning where I am made aware of the parking fine.

 Statement of Truth:

I believe that the facts stated in this Witness Statement are true.

Signed
Date

Thanks for your help

Le_Kirk

You need the longer statement of truth that can be found on any witness statement on the forum 

1505grandad

"Set Aside Default Judgement" etc.

A heads-up  -  there is no middle "e" in Judgment in this context  -  Google CCJ

Coupon-mad

That's based on a really weak old one. Use the one the NEWBIES thread tells you to use which has decent case law.

It isn't a fine so don't use that word anywhere.

Para 3 doesn't make sense:

"3. Order for the original claim to be dismissed on the basis that the Defendant has a reasonable defence; or to be re-heard at a new hearing."

It'll make more sense when you use the newer one and adapt that.