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  • FIRST POST
    • Myshkin3
    • By Myshkin3 9th Jan 18, 9:39 PM
    • 11Posts
    • 1Thanks
    Myshkin3
    Cel - ccj
    • #1
    • 9th Jan 18, 9:39 PM
    Cel - ccj 9th Jan 18 at 9:39 PM
    Hi

    I logged into my credit report today to see a CCJ has been made against me on 22nd November 2017. It's registered against an address I haven't lived at since May 2014.

    I found out from County Court Business Centre that it's relating to a Civil Enforcement Ltd penalty notice issued on 6th May 2015. I have no knowledge of this notice, nor have I received any information regarding it.

    I sold the car in question in June 2016 and the DVLA have confirmed they have the address I moved to in May '14 on record. I never received any correspondence to that address.

    I'm reading all about the set aside requests and have created a defendants statement but am wondering should I follow the standard template that's on these forums? I've tried to contact CEL but get put through to an answer machine - I have written a letter to send to them tomorrow asking for original copies of all correspondence that was sent, including evidence of the parking infringement.

    Would it be best to wait and keep trying CEL to see if I get any type of response before issuing my N244 form? There are so many conflicting views on whether not being present at an address is evidence enough.

    Any help would be greatly appreciated as I was reviewing my record to start to plan for a mortgage!

    Thanks
Page 1
    • KeithP
    • By KeithP 9th Jan 18, 10:43 PM
    • 7,679 Posts
    • 7,385 Thanks
    KeithP
    • #2
    • 9th Jan 18, 10:43 PM
    • #2
    • 9th Jan 18, 10:43 PM
    In May 2014 you moved to your current address.

    Did you notify DVLA of this change to your address for both your driving licence and the car's V5c?
    Did you notify the DVLA in May 2014?

    If the vehicle's V5c still showed your old address at the time of the parking incident, then that explains, to some extent, why you never heard about it.
    .
    • Myshkin3
    • By Myshkin3 9th Jan 18, 10:52 PM
    • 11 Posts
    • 1 Thanks
    Myshkin3
    • #3
    • 9th Jan 18, 10:52 PM
    • #3
    • 9th Jan 18, 10:52 PM
    Hi

    Thanks for your reply.

    To my knowledge I updated all my address details in the July of 2014. My precious driving licence definitely states that and DVLA confirm at point of sale of the car in 2016, my correct address was stated ? They canít confirm exactly when the address was updated
    • Joe whenjung
    • By Joe whenjung 9th Jan 18, 10:54 PM
    • 40 Posts
    • 31 Thanks
    Joe whenjung
    • #4
    • 9th Jan 18, 10:54 PM
    • #4
    • 9th Jan 18, 10:54 PM
    You can contact the DVLA and find out when your data was requested, and by who
    • Myshkin3
    • By Myshkin3 9th Jan 18, 10:56 PM
    • 11 Posts
    • 1 Thanks
    Myshkin3
    • #5
    • 9th Jan 18, 10:56 PM
    • #5
    • 9th Jan 18, 10:56 PM
    Thanks Joe - I think I have to fill in a form and pay a charge which can take 4-6 weeks and I!!!8217;d be worried that that would then put me in a worst position for the set aside as I!!!8217;d be delaying the n244 form?
    • Joe whenjung
    • By Joe whenjung 9th Jan 18, 11:03 PM
    • 40 Posts
    • 31 Thanks
    Joe whenjung
    • #6
    • 9th Jan 18, 11:03 PM
    • #6
    • 9th Jan 18, 11:03 PM
    I believe that you need to make a Data Subject Access Request which costs about a fiver. Im sure one of the resident experts will be along in due course and advise properly though
    • pappa golf
    • By pappa golf 9th Jan 18, 11:03 PM
    • 8,706 Posts
    • 9,308 Thanks
    pappa golf
    • #7
    • 9th Jan 18, 11:03 PM
    • #7
    • 9th Jan 18, 11:03 PM
    free of charge if you ask the right people ,

    Example Letter

    [Your Address]

    DVLA Vehicle Record Enquiries section

    Longview Road

    Morriston

    Swansea

    SA99 1AJ

    Dear Sirs

    Re: VRM AB12 XYZ

    As the Registered Keeper of the above VRM could you advise who has accessed my personal details with regards to this marque, how often and when did the DVLA send the keeper details out. Please advise the information with regards to events between xx/xx/xx/ and xx/xx/xx.

    I understand there is no charge for this information and look forward to your speedy reply.

    Yours faithfully



    Mr Registered Keeper

    forget your driving licence , its just your v5 that is of interest here ,
    normally a parking co has to ask for info by day 14 or by day 56 dependent on anpr or ticket on car ,

    the DVLA have set a max date of 6 mths

    so the dates you enter in the letter above are a day or two before ticket issued , and upto the date of the ccj

    (we kow the 14 and 56 days are times to deliver letters , but stated the above to simply explain to OP)
    • Myshkin3
    • By Myshkin3 9th Jan 18, 11:05 PM
    • 11 Posts
    • 1 Thanks
    Myshkin3
    • #8
    • 9th Jan 18, 11:05 PM
    • #8
    • 9th Jan 18, 11:05 PM
    Thanks for the template, really useful.

    The PCN was apparently issued on 6th May 2015. The ccj was issued 22nd Nov 2017!
    • Coupon-mad
    • By Coupon-mad 9th Jan 18, 11:06 PM
    • 58,415 Posts
    • 71,930 Thanks
    Coupon-mad
    • #9
    • 9th Jan 18, 11:06 PM
    • #9
    • 9th Jan 18, 11:06 PM
    Thanks Joe - I think I have to fill in a form and pay a charge which can take 4-6 weeks and I!!!8217;d be worried that that would then put me in a worst position for the set aside as I!!!8217;d be delaying the n244 form?
    Originally posted by Myshkin3
    No, you don't. It's free and almost immediate, same week:

    http://forums.moneysavingexpert.com/showthread.php?p=71879174#post71879174

    Pappa Golf posted quicker than me!
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Myshkin3
    • By Myshkin3 9th Jan 18, 11:07 PM
    • 11 Posts
    • 1 Thanks
    Myshkin3
    Thanks Coupon Mad !

    Can they advise when the address was updated too ?
    • Coupon-mad
    • By Coupon-mad 9th Jan 18, 11:08 PM
    • 58,415 Posts
    • 71,930 Thanks
    Coupon-mad
    Yes, I am sure that question will be OK to include.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • pappa golf
    • By pappa golf 9th Jan 18, 11:10 PM
    • 8,706 Posts
    • 9,308 Thanks
    pappa golf
    get that info from the dvla first , find out the date they got info , , you can then send an email to the dvla who will update you on V5 address change
    • Myshkin3
    • By Myshkin3 9th Jan 18, 11:13 PM
    • 11 Posts
    • 1 Thanks
    Myshkin3
    Thank you

    If it turns out I hadn!!!8217;t updated the address when the PCN was issued, do I have no case ? The ccj was issued 2.5 years on - it!!!8217;s crazy that they can!!!8217;t do an address check on you using the electoral roll.

    If I!!!8217;d have received the court documents I would have paid it just to avoid any sort of CCJ and negative affect on my credit file.

    Would you recommend using the template from other threads ?
    • pappa golf
    • By pappa golf 9th Jan 18, 11:21 PM
    • 8,706 Posts
    • 9,308 Thanks
    pappa golf
    this is the thing

    parking/dvla rules set a max time to get info and once only , parking cos lovev c to give defaults , no fighting or court costs , get away with asking figues a judge would laugh oujt of court ,

    very often this is "credit clamping" , where wiythin a few days of the CCJ , the misteriously can find you!

    then its a case of pay us £1000000000000 or whatever and we will mark it as satisfied

    very complex , get the DVLA datea then we can proceed
    • Myshkin3
    • By Myshkin3 9th Jan 18, 11:24 PM
    • 11 Posts
    • 1 Thanks
    Myshkin3
    I!!!8217;ll enail DVLA first thing tomorrow, cheers.

    Should I try and contact CEL to see if they!!!8217;d allow me to pay to remove the CCJ or is that just a no no ?
    • pappa golf
    • By pappa golf 9th Jan 18, 11:28 PM
    • 8,706 Posts
    • 9,308 Thanks
    pappa golf
    they will allow you to pay full cost + a court fee , but it would only be classed as satisfied , so still on your record

    await DVLA , then if people think good chance based on info , you will get good help
    • Coupon-mad
    • By Coupon-mad 9th Jan 18, 11:29 PM
    • 58,415 Posts
    • 71,930 Thanks
    Coupon-mad
    Should I try and contact CEL to see if theyíd allow me to pay to remove the CCJ or is that just a no no ?
    Originally posted by Myshkin3
    It's a no-no, completely. Posters have made that mistake with CEL before.

    If it turns out I hadnít updated the address when the PCN was issued, do I have no case ?
    Not at all!
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • nosferatu1001
    • By nosferatu1001 10th Jan 18, 12:49 PM
    • 2,748 Posts
    • 3,412 Thanks
    nosferatu1001
    If they havent had contact in 2 odd years, then you have a set aside on the basis of no good service.
    • pappa golf
    • By pappa golf 10th Jan 18, 12:52 PM
    • 8,706 Posts
    • 9,308 Thanks
    pappa golf
    Iíll enail DVLA first thing tomorrow, cheers.
    Originally posted by Myshkin3
    the letter to the DVLA has to be a letter , not an email , with your signiture on it
    • Myshkin3
    • By Myshkin3 10th Jan 18, 12:57 PM
    • 11 Posts
    • 1 Thanks
    Myshkin3
    Thanks for your comment.

    Do you mean that they haven't followed good service by trying to locate an up to date address?
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