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CCJ issued 2 months ago but no correspondence was received!

Abi90
Abi90 Posts: 27
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My friend just found out he had a CCJ issued as he was being referenced for a rental property!

So far it seems all the correspondence was sent to a previous address. Their last day at the address was 24tth Jan 26.

My friend was silly and did not change his address with the DVLA.

I am surprised it has escalated to CCJ in under 2 months of no response.

Can this be reversed with an N244?

Any advice would be greatly appreciated.

The timelines doesnt make sense.

How can they get a history of t he pcn?

Comments

  • Gr1pr
    Gr1pr Posts: 16,663
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    Study the 2nd post in the newbies sticky thread in announcements near the top of the forum

    They will have to go for a set aside

    I suggest that you both study other set aside cases on here within the last 2 years too

  • Coupon-mad
    Coupon-mad Posts: 166,310
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    Yes they use form N244.

    Read recent CCJ set aside threads ((ONLY from 2025-26). The NEWBIES thread covers this, towards the end of Post 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 THREAD
  • Abi90
    Abi90 Posts: 27
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    hi both,

    thank you for your advice.

    I have been going through the links at the bottom on POST 2 and they are all threads from pre 2024.

    Where are the 25/26 ones? Am I just being blind or a bit slow?

  • Gr1pr
    Gr1pr Posts: 16,663
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    Use the forum search box and suitable words, changing the start date filter to 1st January 2025, and today as the end filter

    Or search age by page, looking for long CCJ sagas with dozens of posts

  • Coupon-mad
    Coupon-mad Posts: 166,310
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    edited 1 May at 4:15PM

    Yep I meant separately search for threads that have done their CCJ case hearings already, after reading the resource thread.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Abi90
    Abi90 Posts: 27
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    Hi all,

    So in the midst of everything, my friend has become a new parent and we are now finalising their N244 to be filed. Also the CCJ was issued under Northampton so he can email it to

    ccbc@justice.gov.uk, right?
    What do you all make of the draft order and witness statement we have out together?

    "

    1. Had No Knowledge of These Proceedings

    I first became aware of this judgment on 30/04/2026 through a credit reference check. I had received no correspondence relating to a claim form, as the correspondence was likely sent to a property I had vacated on 20 December 2025.

    I attach the following in support:

    • “Date of reference check result” - An email showing the date I became aware of the judgement
    • "Notice of Vacation" — an email to my estate agent dated 27 October 2025 confirming I would vacate xxxxxx on 20 December 2025.
    • "Invoice for Removal" and
    • Confirmation of Completed Removal" — confirming the move was completed on that date.

    2. Delay in updating the DVLA

    I accept that I failed to update my address with the DVLA following my move and I take full responsibility for that oversight. This was due to the pressures of moving across the country, preparation and eventual birth of my son (see “Record Of Child’s Birth”), and starting a new job occurring simultaneously. I have since updated my details with the DVLA, as evidenced by the attached "Updated Address on V5C".

    3. The Question of Valid Service

    I note that under CPR 6.9(3), where a claimant has reason to believe a defendant may no longer reside at a given address, they must take reasonable steps to ascertain the current address before serving proceedings.

    As a commercial operator experienced in civil litigation, the Claimant ought to have been aware that DVLA records may not always

    (a) Protection of Freedoms Act 2012 — Keeper Liability For keeper liability to arise, the Claimant must have strictly complied with Schedule 4 of the Protection of Freedoms Act 2012, including issuing a Notice to Keeper within 14 days of the alleged event (para. 9(4)). I have not had access to the relevant documents to verify this and reserve the right to raise non-compliance upon disclosure.

    (b) Enforceability of the Charge The charge is only enforceable where adequate signage communicated a clear offer of contract, and the charge represents a genuine pre-estimate of loss or legitimate commercial interest, per ParkingEye Ltd v Beavis [2015] UKSC 67. I have not had the opportunity to examine either and reserve the right to challenge both.

    (c) Consumer Rights Act 2015 I reserve the right to challenge any relevant contractual term as unfair under sections 62-65 of the Consumer Rights Act 2015 should the charge prove disproportionate or inadequately communicated.

    (d) Operator Accreditation Under PoFA 2012, the Claimant must be a current member of a government-approved Accredited Trade Association and must have complied with the applicable Code of Practice. I wish to verify this upon disclosure.

    5. Conclusion

    The judgment was obtained without my knowledge and I was never given the opportunity to respond. I acted promptly upon discovering it and have co-operated fully since. I respectfully request that the Court set aside the default judgment pursuant to CPR 13.3 (or CPR 13.2 if appropriate) and grant me permission to file a Defence within 14 days. The overriding objective under CPR 1.1 requires that parties be given a proper opportunity to participate, and maintaining judgment in these circumstances would not be consistent with that principle.

    I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth. "

  • Coupon-mad
    Coupon-mad Posts: 166,310
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    edited 26 May at 3:40PM

    No that email address is 3 years out of date.

    Remove point 2. Absolutely NOT!

    Add the usual stuff about VCS v Carr from any recent 25/26 CCJ set aside thread.

    This is the wrong way round:

    "I respectfully request that the Court set aside the default judgment pursuant to CPR 13.3 (or CPR 13.2 if appropriate)"

    No. They are applying under CPR 13.2.

    They need the argument about the authority of VCS v Carr and to point out the Code of Practice mandatory rule for a 'soft trace'. That very basic draft reads like an AI bot wrote it and it has missed the mark (sorry).

    The application can't be delayed but to the defendant:

    • congrats on the new baby!
    • I'll send you a pm with a genuine offer of quick & effective free help for them with this N244.
    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 THREAD
  • Coupon-mad
    Coupon-mad Posts: 166,310
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    Resolved as follows, my contact says:

    "Eventually settled for set-aside and dismissal of claim with no payment to PPC and each party paying half the £123 court fee.

    So it only cost this OP's friend £61.50."

    ANOTHER ONE BITES THE DUST!

    😀

    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 THREAD
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