CCJ Draft Defence

[toenail3000]

Hello all,

I've just registered and I'd be grateful for some advice. My wife discovered today that she's got a CCJ against her from January last year for a private parking fine.

It's registered against a house she hasn't lived in since 2010 and she changed her address with the DVLA at time. For some reason, all the papers relating to the parking 'contravention' went to that address and so the first she knew of this was today when we found out we'd been declined for a mortgage and she subsequently checked her credit record.

We've got evidence that her address was changed so I'm confident we have quite a good case but I'm not sure how to put some of it into words.

I've read through some of the other posts and seen the draft documents in the general guide to setting aside CCJs (and thank you for those!)

We've started drafting a Witness Statement and Order but I'm confused by the draft Defence - what exactly should go in there?

Is it enough just to say that we deny that we owe the parking company the money claimed for because we have never received any of the documents, including the initial notification (which should have been received within 14 days of the 'contravention.') I feel like I'm repeating what we've written in the witness statement but I want to make sure we do this correctly.

Thanks very much for you help.

[charitynjw]

Re: CCJ Draft Defence

Hi toenail3000 & welcome to LB

IMHO

If your wife registered the current address with DVLA in 2010, the parking company should have obtained it from them.
I would state this, & say that, in my honest opinion, it would appear that the parking company has used a previous address in order to obtain a default judgment.

[toenail3000]

Re: CCJ Draft Defence

Hi charitynjw,

Thanks very much - that's really useful.

Two more very basic questions if you don't mind answering them:

- We can't get sight of any of the documents concerned, am I right in thinking that we can send the paperwork and fees to the County Court Money Claims Centre using their Manchester address?

- If the judge were to refuse to grant a hearing to set this aside would our cheque for £255 still be cashed? Or is the spent only if you actually go to court?

Thanks again!