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CCJ Set Aside Assistance - Little Complex
sanding
post Sun, 7 Mar 2021 - 15:15
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Hi all,

I will keep this factual and save you all my sob story for the moment – unless it assists my case with the court.

Situation

I checked my credit report with Check My File and found 2No CCJ attached. Date of hearings are as follows:

1) March 2020 £800
2) January 2019 £300

Both are related to PCN issued in January 2018. Both judgments have been made against an address I moved out of in May 2017. We will call this “Address 1” for ease of reference. The car, for which the alleged tickets have been placed upon against was also registered at address 1.

While at Address 1 – I took a logbook loan against the offending car (whole another regrettable saga). The loan was agreed, and the logbook was retained by the loan company as per T&C.

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Address No 2 (2017 to 2018)

We then moved to Address 2 in May 2017. I informed the logbook loan company of my new address for the car. Changed the address on my Driving Licence. Redigested for council Tax. All the usual things.
Me and my partner then left Address 2 in May 2018 and went our separate ways.

While at this address, the alleged tickets were issued. No correspondence revied at this address.

I fell on hard times. Got into a dispute with the logbook loan company and put the car in storage as it was basically scrap.

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Address No 3 (2018 t0 2019)

I found an apartment and moved in on my own July 2018 – Address 3 - Registered with Council Tax. Changed Driving licence etc. No correspondence received at this address.

I moved out of this apartment at the in August 2019 due to financial difficulties and into another address.

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Address No 4 (2019)

I stayed at this address - Address 4 - in house share for a couple of months while sorted myself out. Nothing registered here apart from Bank details, Phone contract etc.

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Address No 5 (2019)

I found an apartment that would rent to me on a rolling monthly contract for the last few months of 2019 as a house share at my age is just not suitable – Address 5. I changed my details with DVLA, registered for council tax, phone contract etc, as I thought I may be here for a longer period. I moved out of this address in January 2020 into a nice place where I stayed for 1 year.

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Address No 6 (2020)

I resided here for 12 months and started to get back on feet after one hell of a couple of years. Everything was redigested here, apart from the offending car that was still sitting in a field while I negotiated with the Logbook Loan company over email.

After a better year, I moved out of this address and into the place I’m currently at now and intend staying, now that I’m back on my feet.

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Address No 7 (2021)

It was at this address that I noticed the 2No CCJ and decided to do something about it.


There is a clear list of all these addresses held at the credit reference companies and also the DVLA with regards to my driving licence but yet the grubby solicitors served the paperwork for the CCJ to my 2017 address. I suppose this is because this is where the car was redigested with the DVLA way back.

I have no details of the parking offence apart from the address – which happens to be right next door to a place I was building at the time, and if it is this place where the tickets where given, I had a right to park there anyway.

What are your thoughts on my chances of getting both CCJ set aside due to not even knowing about the tickets or receiving any of the paperwork? I appreciate I have moved a lot and there is still the point that the car may still be redigested at the 2017 address, even though the change of address was redigested with the logbook loan company in 2018 and the car was taxed and insured at the new 2017 address.

It just seems the Solicitors used the 2017 address, knowing I was not there to serve the papers and force a CCJ out of the courts due to me not disputing it. If the solicitors had ran a credit check, they would seem my most recent address.

Any help would be appreciated as the CCJ is crippling me now and all over a parking ticket I knew nothing about. I’m reading Parking Pranksters excellent website and started filling in the N244 but wanted to know if I have a chance or not before sending in the 2 lots of £155

Many thanks everyone

This post has been edited by sanding: Mon, 8 Mar 2021 - 22:09
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post Sun, 7 Mar 2021 - 15:15
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freddy1
post Sun, 7 Mar 2021 - 16:02
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one of the claims exceeds £600 , and is at a point that bailiffs may come a knocking

either pay up or apply for a setaside , there are 2 cases so you may end up with 2 setasides at £255 each , if you are in recept of benifits you could get assistance with the fees

you should apply for setaside quickly after finding it on credit report
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sanding
post Sun, 7 Mar 2021 - 17:59
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Thank you Freddy1.

Im just mindful that the court will side with the claimant due to the logbook address not having been kept up to date as the logbook has been in the possession of the logbook loan company since 2017 to this current day. Even though I informed the logbook loan company of my new address.
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freddy1
post Sun, 7 Mar 2021 - 18:16
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you do know that a parking co can only ask the dvla for your info ONCE , yes ONCE , there are several timescales dependant on ticket on car or ANPR , but basicly 7 mths , thats it ONCE ONLY , thats what credit referance agencys are for tracing you

you may have to remind a judge as they are often blind to that info

the parking co should have written to you before court , and if no reply used a trace agent to locate you

after the first case and you not defending , and I bet they wrote to the address gloating and asking for money , even after this and no reply they went "big" added charges that would have been laughed at in open court , a ticket is £100 not £800 ,

I am not in possition to talk you thru setaside , I just wanted to warn you about that figure and secondly to put you streight on v5 update
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ostell
post Sun, 7 Mar 2021 - 18:31
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Changing drivers licence address does ot affect V5 address. Seperate DVLA systems

This post has been edited by ostell: Sun, 7 Mar 2021 - 18:32
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sanding
post Sun, 7 Mar 2021 - 18:57
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Freddy1 - Thanks for the info. If they had of used a tracing agent, I would have stood a chance of defending my case. My change of address details are peppered all over the credit report companies so Im very easy to chase. It would appear they have chosen the sneaky route and served at an address they know Im not living at, just because the car is registered there.
Im ok with mincing the appeal thanks.

Ostell - This is as I thought. I suppose what Im getting at is that I'm fearful the court appearance will go something like this:

Judge:"did you update the DVLA of the change of address when you changed address?".
Me: "No, as I no longer have the logbook for the car. I did inform the logbook loan company of my new address as they retained the logbook".
Judge: "Its your fault for not updating the DVLA records.
Me: "But the logbook loan company have the logbook.
Judge:" Case dismissed"

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freddy1
post Sun, 7 Mar 2021 - 19:14
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well if we want to get pedantic , the moment you got log book loan you were no longer keeper (as such ) funny one log book loans , they were "legally" holding your v5 and you instructed them of your new address and asked them to update the dvla for you
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Gerfc1
post Sun, 7 Mar 2021 - 19:35
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In this case send Subject Access Request to UK Car Park Management Ltd get all details relating to the registration plate that you were the keeper (not registered keeper, as you hold the car keys to drive)

Also send SAR to the company who keep your V5C with your name. They may be possible to fail to update the records of change of address and also failed to transfer the liability to you.
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sanding
post Sun, 7 Mar 2021 - 19:43
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Its a a strange one isn't it. I suppose I should just start the set aside appeal, siting they used my old address. If by any chance, when in court, they produce letters that they argue have been sent to any of my new address, prior to the filing the CCJ, I could argue the question as to why they defaulted back to an address they know full well I do not live at, just because the car is registered there.

Is that any kind of an argument or does the DVLA thing hold strong do you think?

Thank you Gerfc1 - messages crossed over. Should I submit the set aside first? Im mindful as soon as I give the them current address, the bailiffs will come a knocking not long after.

Would submitting the N244 buy me some time if / when they do come knocking?
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freddy1
post Sun, 7 Mar 2021 - 19:49
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[quote name='sanding' date='Sun, 7 Mar 2021 - 19:43' post='1622595']
Its a a strange one isn't it. I suppose I should just start the set aside appeal, siting they used my old address. If by any chance, when in court, they produce letters that they argue have been sent to any of my new address, prior to the filing the CCJ, I could argue the question as to why they defaulted back to an address they know full well I do not live at, just because the car is registered there.

a SAR to the parking co would show EVERY letter and the address they were sent to , therefore they would not be able to ambush you


your other questions / arguaments , I do not feel qualified to answer
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Gerfc1
post Sun, 7 Mar 2021 - 22:06
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QUOTE (sanding @ Sun, 7 Mar 2021 - 19:43) *
Its a a strange one isn't it. I suppose I should just start the set aside appeal, siting they used my old address. If by any chance, when in court, they produce letters that they argue have been sent to any of my new address, prior to the filing the CCJ, I could argue the question as to why they defaulted back to an address they know full well I do not live at, just because the car is registered there.
These questions should be answered in SAR.
QUOTE
Is that any kind of an argument or does the DVLA thing hold strong do you think?
DVLA only have the name and address of the registered keeper of the vehicle but nothing else, not even the owner/driver's name.

QUOTE
Thank you Gerfc1 - messages crossed over. Should I submit the set aside first? Im mindful as soon as I give the them current address, the bailiffs will come a knocking not long after.

Would submitting the N244 buy me some time if / when they do come knocking?


We need to do this right so when you get the SAR and you can know more. You could write them a letter requesting the details within 7 days especially if the CCJ has been awarded.

If the baliffs comes knocking on the door, use upstairs window and talk from there, do not open the door and keep all doors locked.
If they insisted on coming to the door, say "no to them. You can say "I am waiting for information by Subject Access Request"
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The Rookie
post Mon, 8 Mar 2021 - 11:21
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QUOTE (sanding @ Sun, 7 Mar 2021 - 18:57) *
Judge:"did you update the DVLA of the change of address when you changed address?".
Me: "No, as I no longer have the logbook for the car. I did inform the logbook loan company of my new address as they retained the logbook".
Judge: "Its your fault for not updating the DVLA records.
Me: "But the logbook loan company have the logbook.
Judge:" Case dismissed"

Wholly fanciful.

Whether or not the driver was liable for any charge was at that point in time, your address as keeper with DVLA was correct at that time or not is irrelevant to that, as in TOTALY irrelevant.

The set aside is on the basis you have only just become aware of the court action (the why isn't relevant) and have a realistic chance of defending it (nothing to do with addresses).


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sanding
post Mon, 8 Mar 2021 - 19:06
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Thank you everyone for your input. You have really given me a lot more confidence in tackling these parasites..

I will keep the thread alive during the process to hopefully assist others.

Shall I just stick the 2 N244 forms in or requests the SAR first? If addresses are irrelevant, then it may also be irrelevant gleaming this information, while also doing their work for them and furnishing them with my new address.
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ostell
post Mon, 8 Mar 2021 - 19:27
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Send a SAR anyway
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sanding
post Mon, 8 Mar 2021 - 19:44
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I'm on with both counts. SAR will be issued tonight. Both N244 forms and payment will be sent tomorrow.
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