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CCJ - Unsure If I can fight it!

91 replies 1.2K views

Hi all,

Firstly Thank you so much for all the CCJ set aside information. I have been following different threads, all of which seem to have adequate evidence to have their CCJ set aside. Please could you help with my situation?


I found a CCJ on my credit file in June 2020, with the judgement dated on August 2019. I called CCBC and found out it was due to unpaid multiple parking fines under two different claim numbers sent to my previous address in Lancashire. I am now in London. All parking fines are from 2017/early 2018 for parking around a new build area where the PCN small print unclear signs are situated which I had not noticed before (I only realised this after reading about it on this forum). Parking Control Management LTD is the claimant using Gladstones as their solicitor.


Long story short, all fines were sent to a previous address in Lancashire which I left in Sept 2016 and rushed off to another address in Brighton to start Therapy training for my career in Psychology (I got the job and moved in the space of a week!). It was an intense one year of training and then in 2017 August, I moved to London to be with family. My log book was still unsure my Lancashire address.


I didn't change my DVLA address from the lancashire address, to then the Brighton address and then to my current London address during 2016/2017 because truthfully I just didn't even think to do so (Also unsure how many times you have to keep changing the address on your log book). In August 2019, I changed the DVLA Address and sold (gave) my car to my mother and changed the log book details over to her name and our current London address where we both live.

 

Fast forward to now, I have this CCJ. I called Gladstones and they stated they traced my address and sent the county court judgement letters to my current London address. They refused to discuss anything over the phone and said I would need to get a solicitor. 


I have spoken to Stepchange and CAB and they suggested I ask for a SAR. I have done this and Gladstones have sent the paperwork which show that a Letter before Claim was sent to my current London address dated May 2019 (which I do not remember receiving in the post. I would have acted if I had received this and now unsure how to prove this). I also requested pictures of my car in the spots where the fines were issued. They haven't sent any pictures and said the litigation team would send this once they receive my correspondence. It's been about a week still nothing. 


The area in which Parking Control management and Gladstones has been giving out parking fines has been explained on the Prankster website as being a scam. 

The PCN attendant has been known to circulate the building, lay by and surrounding area and capture anyone who stops for even less than a minute, or has been known to wait until the car driver has walked away after parking to issue a fine. The area in the link above isn't the exact location of my fines but it is around this building.


I do feel that as they aren't proving any pictures of exactly where the car was situated when the fines were given and the PCN signage is ambiguous without clear instructions on who is or isn't allowed to park, its difficult to assess if I have a defence or not. I remember parking around this area in 2017 as it is close to where I live, however there were no obvious signs to say that I couldn't. 


My CCJ amount is around £900, and getting a solicitor would exceed the cost of the CCJ claim therefore I would like to see if I would be able to set this aside by representing myself. I feel incredibly stupid for this situation and had I received letters about this I would have attended court and fought it at the time. Im unsure what to do and how to present my claim and worried that some bailiff or law enforcement officer may come to my door. 


I look forward to hearing your honest thoughts on how I can proceed. I would like to get this sorted ASAP as its quite traumatising to know how my financial independence is about to be impacted for the next six years. I'm 30 and had hoped to invest in a home soon!


Many thanks again for all your help and effort on this platform. I'd be completely hopeless without you. Please let me know if you would like clarification on any info above. 

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Replies

  • edited 13 July at 12:04PM
    Ralph-yRalph-y Forumite
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    edited 13 July at 12:04PM
    In post number two of the newbies thread ( the one you posted on) there is a section about small claims ... and in that section one about set asides ... please have a read through.


    do some forum searches for set asides to see how others have tackled this common problem

    Ralph B)

  • edited 13 July at 12:05PM
    RedxRedx Forumite
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    edited 13 July at 12:05PM
    A contested set aside should be straightforward , they should have traced you , they did not , so a judge should allow it , as long as the judge can see you have a legal defence for the core case

    A set aside won't resolve it , resolution is at the second court case regarding the PCN,s themselves

    If the second case is lost by you , pay the judgment within one month , in full , to clear it completely

    If you do nothing , your credit rating is trashed for 6 years

    Paying the current CCJ will not fix your credit rating , you need the set aside , so you will have to fight it , you have no other options
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • edited 13 July at 1:36PM
    Coupon-madCoupon-mad Forumite
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    edited 13 July at 1:36PM
    Ask the CCBC at Northampton for a copy of the claim form(s) front pages, so you can see for sure that the claims were sent to which address.  The fact a LBC went (allegedly) to the London address doesn't prove whether Gladstones 'played nicely' (hmmmm) and where they then filed the claim to!  This will be dynamite if you can show that they had the newer London addy but reverted to the Lancs address for the claims.

    DO NOT be fobbed off by the CCBC.  You want the actual claim form front pages emailed to you, not just them telling you over the phone what the particulars of claim said.

    You can almost certainly get these set aside.  DO NOT ring Gladstones or the parking firm and no paying the sums.  Paying doesn't remove CCJs. Our advice does.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • nosferatu1001nosferatu1001 Forumite
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    Did you ask the obvious - where they sent the claim form? A LBC means nothing. if they didnt file a claim at your london address, theyre stuffed. 
  • BangeF2BangeF2 Forumite
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    Hi all,
    Thanks for all of your responses. Ok so new information:
    1. I apparently have 2 CCJs but only one is on my credit file. The both were issued in default for the same type of parking fine. The one on my credit file is showing 'active', the other is apparently 'outstanding' Any idea what these status' actually mean?
    2. So these two ccj's actually had two separate LBC letters. One was sent to the old LAncs address even after they had traced my new london address, and the other one was apparently sent to my London address but I have not received anything.
    3. I called Gladstones to ask how we could resolve this together and they said If I can prove that I wasn't at the address that the LBC's were sent to then they could ask for a 'consent request' from the claimant costing me £100 which then the claimant MAY consider in settling this. I dunno about that. She then said she could put forward an 'request access bundle' for them to send pictures etc and any additional evidence they have. She also said that its not got to the litigation team yet and once they read my correspondence they will then send all the info??
    4. I also asked GLadstones for letters of the court hearing I was invited to attend and they said they DO NOT have any of this info and that the CCBC will have all of this and that I need to ask them, (i would have thought the claimant/solicitors would be copied all correspondence sent to the defendant but who knows!)

    Actions for me:
    a. so I'm going to email CCBC and ask for all the claim forms and see what comes back

    Questions:
    1. I want to make sure I have everything in writing with gladstones so I will email them about this telephone call I just had and this 'request access bundle' info I've been told I will receive. Would this be ok?
    2. I want to put in an N422 form asap but I'm unsure what I need to include. Just a witness statement? I have seen the link which shows how to complete this but what additional lengthy evidence based info would be helpful to add?
    3. I have made the mistake of not changing my DVLA add because of life happening but I pay my taxes and do everything else I need to so this was an honest mistake, how do I state this?
    4. Im also unsure how I can prove that I didn't receive this LBC or other letters they claim to have sent to my london address as their evidence shows they did send it.

    If you could split your advice as I have above I'd be very grateful. It helps me to keep my mind and all that I need to do in order! Thanks again for all your information. I really appreciate it
  • nosferatu1001nosferatu1001 Forumite
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    N244 form
    2) No, you dont include "just" a WS, but you're premature
    You must msut must find ut the addresses they used to file the claims
    Must
    Not optional .
    Until you know this you dont know under which grounds you can apply. If they used your non-current address, then you have a CPR13.2 reason to file. If they did use it, youd need to know why two letters - claim form plus default judgement - didnt turn up. 
    3) same way everyone else does. Seriously, youre NOT teh first! You have not looked enough yet - which is fine, but dnot ask this until youve had a chance to research
    4) TYou state you did not receive it. They have evidence, you have yours, and the judge decides. 
  • D_P_DanceD_P_Dance Forumite
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    1. Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs, and in some cases, cancellation. 

      Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up later this year,

      Just as the clampers were finally closed down, so hopefully will many of these companies, persistent offenders denied access to the DVLA database and unable to operate.

      Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

      http://www.legislation.gov.uk/ukpga/2019/8/contents/of these Private Parking Companies.



    You never know how far you can go until you go too far.
  • BangeF2BangeF2 Forumite
    50 posts
    10 Posts Name Dropper
    N244 form
    2) No, you dont include "just" a WS, but you're premature
    You must msut must find ut the addresses they used to file the claims
    Must
    Not optional .
    Until you know this you dont know under which grounds you can apply. If they used your non-current address, then you have a CPR13.2 reason to file. If they did use it, youd need to know why two letters - claim form plus default judgement - didnt turn up. 
    3) same way everyone else does. Seriously, youre NOT teh first! You have not looked enough yet - which is fine, but dnot ask this until youve had a chance to research
    4) TYou state you did not receive it. They have evidence, you have yours, and the judge decides. 
    Thanks!
      I'll wait to hear back from the CCBC. Im learning so much thru this process. This forum is literally a life saver!
  • Le_KirkLe_Kirk Forumite
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    Whilst you are waiting to hear from CCBC, here is some reading for you of a good example of a set-aside application: -
    https://forums.moneysavingexpert.com/discussion/comment/77131023#Comment_77131023
    Read all three posts on that thread.  You could also search for and read some posts by @henrik777
  • Coupon-madCoupon-mad Forumite
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    The NEWBIES thread also gives you an examples SAR (subject access request) that you should email to Gs and to the parking firm as well, to see all letters sent and all photos and data held. 

    I think every question you are asking is already answered in the 2nd post of the NEWBIES thread.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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