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Setting aside CCJ

Quinton715
Quinton715 Posts: 36 Forumite
edited 17 June 2019 at 11:23AM in Parking tickets, fines & parking
Hi all,



Just looking for a bit of advice, I know this has probably been discussed to death but please bear with me.

The person involved started on 5th March 2018 at this new job were they were issued the fine, and moved house closer to the area on Saturday 17th March 2018. As you can imagine, all the docs were sent to the old address! So the party involved would like to get this set aside, but just wanted to query a few things here first?


Thanks,

Q
«13456

Comments

  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    First Anniversary Photogenic Name Dropper First Post
    The creditor is the car parking company. They'll have got your address from the DVLA.
  • Quinton715
    Quinton715 Posts: 36 Forumite
    edited 3 June 2019 at 1:59PM
    Thank you that's great.



    Thanks,
  • System
    System Posts: 178,093 Community Admin
    Photogenic Name Dropper First Post
    I notified all of my accounts, bank account and credit cards at the end of February/beginning of March 2018, with the exception of registering on the electoral role at my new address which I believe was completed in May 2018. Can anyone shed any light on this whether I would be successful or not?

    My renewal for my license was around that time as it happened, so I submitted to renew my license with an update of address to the DVLA on the 1st March, so would that be considered by the Judge as notifying the creditor?

    None of that counts. When did you notify DVLA of a change of address of registered keeper of the vehicle by sending off the V5 vehicle registration document with your new address? DVLA will only give them the current address on the V5 document. If you didn't update it then that would be your old address, regardless of the fact you updated your driving licence as that is a separate thing. They have done nothing wrong serving notices to your old address if you didn't change the address on the V5.

    As for parking in a business car park, do you actually have the right to park there or did you automatically assume that because you worked there you did? Merely working there doesn't automatically convey entitlement, usually there has to be an agreement or permit scheme in place.
  • Quentin
    Quentin Posts: 40,405 Forumite
    OP

    You will get best advice on how to go about getting a set aside (or set aside by consent) if you read up on this in the parking sub forum of the motoring forum

    Read up in the newbies FAQ thread there first to see the set aside advice

    Then if you have further questions start a new thread there
  • Quinton715
    Quinton715 Posts: 36 Forumite
    edited 3 June 2019 at 2:00PM
    Tarambor wrote: »
    None of that counts. When did you notify DVLA of a change of address of registered keeper of the vehicle by sending off the V5 vehicle registration document with your new address? DVLA will only give them the current address on the V5 document. If you didn't update it then that would be your old address, regardless of the fact you updated your driving licence as that is a separate thing. They have done nothing wrong serving notices to your old address if you didn't change the address on the V5.

    As for parking in a business car park, do you actually have the right to park there or did you automatically assume that because you worked there you did? Merely working there doesn't automatically convey entitlement, usually there has to be an agreement or permit scheme in place.

    Thank you that's great
  • Quentin
    Quentin Posts: 40,405 Forumite
    If you follow the advice given in #5 above you will see it's important if challenging this PCN after getting the ccj set aside that you never reveal who was driving.

    You need to edit your post to remove details of who was driving

    And if you have used your real name as your forum name then get mse to change it to something anonymous

    The private parking companies monitor this forum and can use your posts against you
  • Quinton715
    Quinton715 Posts: 36 Forumite
    Quentin wrote: »
    If you follow the advice given in #5 above you will see it's important if challenging this PCN after getting the ccj set aside that you never reveal who was driving.

    You need to edit your post to remove details of who was driving

    And if you have used your real name as your forum name then get mse to change it to something anonymous

    The private parking companies monitor this forum and can use your posts against you


    Can you please DM me as I can't send a private message to you because your inbox is full?
  • Quentin
    Quentin Posts: 40,405 Forumite
    Sorry but I don't do pms


    If you post your issue in the parking forum you have now found you will get a reply
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
    Name Dropper First Post First Anniversary
    if this is indeed by a private parking Co then:

    a parking company has to be a member of a trade organisation in order to access the DVLA database

    a parking company can only ask the DVLA ONCE , for your info , they cannot go back again 5-6 yrs later and ask again

    if the parking Co used ANPR cameras they need to write to you within 14 days

    if a ticket was placed on the car , they cannot ask for your info untill day 29 and must deliver a notice to keeper to the address shown on the v5 (at time of asking) by day 56

    please look at your v5 , inner bottom left , you will see section saying DOC ref , what is the date of this
  • sourcrates
    sourcrates Posts: 28,848 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    I will move the post for you OP.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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