CCJ - issued to old address 😢 HELP

[kukuliox]

So after wiping all my tears down, as I been refused to rent a house because apparently I have CCJ on my credit file I
that I knew nothing about...

Before telling me to read other treads please be aware I am foreigner and sometimes I do not understand legal sentences even if I live in UK for 12 years.

Found out Saturday Morning 12/02/21 that I have CCJ for £298 issued on 5th of August 2020. I called Lender and Court Services for advise, and from the case number that is on my credit record they told me it is from civil enforcement (most likely parking ticket they said), bare in mind that this was issued to address that I have not lived since approx 2018.

They told me it is an easy case and that is a huge huge chance they will get it set aside for a feee.. A bit large fee approx £1000 + court fees.

So I decided I will not waste any time, I will call on Monday to the Court and ask for case details and etc.

But I want to be ready and go ahed straight away filling application to court, but should I contact issued company first to ask them to consent them issuing it wrongfully or should I send application to court straight away?

Also I hope after this will be answered som of you will help me with more questions that I will have
Thanks guys.

[pt2537]

Ok.firstly anyone who tells you they will get judgment set-aside easy, unless they are the judge hearing the application is a liar, and you should run like hell.

Nothing is guaranteed apart from death and taxes.

Did they explain to you how to approach the apication? Did they tell you that you must apply promptly as required by rule 13.3 ? Did they explain that you would need to file a witness statement with the application explaining that you didn't receive the claim and providing proof that you moved etc

if you are going to apply to set aside then you really have one chance to do so. You must get it right

[kukuliox]

Hey,

No they haven’t as they wanted me to pay the fee to them for that.

I have read all night in forums about this, and I know what I have to file, I will start drafting everything when I know tomorrow when I will call the court and ask to give me more details about my case.

Also, do I go ahead straight with filing application? Or do I need to contact the civil enforcement first(assuming they are claimant) , and give them some time to respond?

[MIKE770]

deleted

[kukuliox]

Also when I will draft all my application can I post it here for someone to have a look and see if it is ok?

[pt2537]

well sure somebody can take time on here to help you????? Celestine

Hi Mike

LB is a self help forum, part of that help is giving the person an understanding of what they are doing. Other forums set up people to.fail by giving them a script to read parrot fashion, when it comes down to arguing the case in court they get into difficulty.

the first step for me is to understand what the op has been told. Now we know we can give some further info on what they need to do

[pt2537]

Of course please do post a copy of the application in draft And we can advise on any amendments and we can advise on any amendment That may be needed.

It's difficult for me to advise using my mobile phoneHowever I will try to log on later on my laptop and provides some further details on the application process

[kukuliox]

thank you will update tomorrow.

Also should I write the company and ask consent to set aside, or go straight to N224?

much appreciated

thanks

[pt2537]

If you have grounds to set aside the judgment then yes its always worth inviting thr other side to consent. But don't let that delay you preparing thr application notice

[pt2537]

Ok first things first.

A couple of questions.

1) have you changed car since 2018?
2) when you moved house, did you change the vehicle details at the DVLA by updating your log book?
3) when you moved did you move all your bank accounts and utilities etc to the new address?

The above questions are relevant to the parking companies claim, depending on your answers will depend on how strong your prospect is of getting the judgment set aside.

Now then, if you are going to ask them to consent, you should include a paragraph in your letter something like ...................

Should you be unwilling to consent to my request, then i will require you to provide me with the following documents.

1) A copy of any parking ticket issued by your company
2) A copy of any notice to keeper issued by your company
3) A Copy of the Claim form issued by your company

Should you refuse to provide these documents, then i will bring this to the attention of the Court when i make my application, and will show the Court that you have refused to assist despite being on notice that i was not served with the Claim form and have had no opportunity to answer your claim.

[kukuliox]

Thanks for that

So I got details from court and I got issued parking ticket for the car park I pay for and have my permit (i have taken my bank statements to prove that I did pay for that day, and company that gave me permit agreed to write the letter that my permit vas valid on that that) I got permit on 09/04/2019 and fine is from 10/04/2019.
Secondly I do not understant why they sent to address that I haven't lived since 2018, I did not own that car while I was living there.

I will email civil enforcement, and ask them to set it aside as I haven’t violated anything,

[pt2537]

Thanks for that

So I got details from court and I got issued parking ticket for the car park I pay for and have my permit (i have taken my bank statements to prove that I did pay for that day, and company that gave me permit agreed to write the letter that my permit vas valid on that that) I got permit on 09/04/2019 and fine is from 10/04/2019.
Secondly I do not understant why they sent to address that I haven't lived since 2018, I did not own that car while I was living there.

I will email civil enforcement, and ask them to set it aside as I haven’t violated anything,

Ok well it seems you may have a defence to the Claim too, although can you confirm was the permit one that you had to display?

[kukuliox]

no, it is a CCTV car park, so I do not have to display anything just have my designated parking spot, and camera reads reg numbers upon entry and exit

[kukuliox]

So basically,

They issued CCJ and original parcking ticket to the address that I haven’t lived since 2018.(why??)
I bought that car 2019 and registered at my current address and never received anything to my current address.
I have been permit holder at the time, and I do not had to display anything as parking was monitored by CCTV. I have letter stating that with me now.

basically they do not have a reason not to agree to set it aside, I even thinking to apply to court and seek damages of the emotional stress as I couldn't sleep since i found out about CCJ, and I haven’t done anything wrong.