CCJ Sent to Old Address - advice

Bamrod

Hi everyone,

Last week my partner received a text from Empira Ltd, acting on behalf of Gladstones in relation to an alleged debt of £240.88. She responded to Empira who confirmed yesterday that a CCJ had been issued against her by gladstones on 22.01.26, in relation to an alleged parking offence on 24.06.25.

We had not heard anything about this until this point, so this has been quite the shock with the credit implications a CCJ carries. Our assumption is that correspondence was sent to an old address registered with the DVLA. Based on what I have read here, it seems like we might have a good case to get this set aside on the basis of CPR 13.2 and precedents set by other cases. They clearly made very little attempt to properly trace my partner.

In terms of next steps, does the below sound correct as a way to proceed?

1. We've called CCBC today to request the POC to confirm the details

2. Contact Gladstone to invite them to a joint set aside, guided by one of the templates shared in this forum, giving them a 14 day deadline.

3. Assuming they do not agree to this, then proceed with a set aside ourselves. N244, Witness Statement and Draft order.

I'm a bit confused about the need for a defence re: the original claim. If we are forced to proceed ourselves, are we looking to have the whole thing struck off? If a consent to set aside was agreed, what would be the implications for the original claim?

Any help would be appreciated. Thanks in advance.

Gr1pr

On a side note, ensure that the V5c and driving licences have all been updated with the DVLA , as is the legal requirement

Coupon-mad

Your partner will be asking for the CCJ to be set aside and the claim dismissed (ref Chan and Akande) plus your costs (ref VCS v Carr).

A defence is only needed if the judge doesn't agree to dismiss the claim, when setting aside the CCJ.

Bamrod

Thanks for the advice here! So in terms of the next steps, once we've received the full details of the claim, POC, Case File, address they used for correspondence etc. we should first go back to gladstone and request they consent to set aside?

Coupon-mad

Yes but you already know that from the NEWBIES thread.