Parking eye CCJ set aside hearing

[Dexter151]

Hello everyone

Really keen for some help,

During a mortgage application we noticed a CCJ on partners file from May 2014.

We received nothing/ he failed to change address on d license however was on electoral roll on new address.

We did some investigation it turned out they had also sent letters chasing to an address they had got off experian (so they say) which he has never lived at. Ex partners address. She sent the letter back to parking eye giving them his mothers address to be chased there. They never did. We only knew she did that during this investigation

3 days after finding this out submitted n244 . We then requested letters from PE and see the date of the driving offense was when we had leant car to a friend who admits and will take all liability.

We have hearing next week.

What are our chances? Devastated as this could affect our dream house. And it wasn't either of us driving .

PE wrote in their initial email back which came after the n244 already submitted they would consider signing a consent.

We have letters as evidence from the driver and the ex partner saying she returned letters to PE giving a correspondence address.

What are our odds?!

[mystery1]

Re: Parking eye CCJ set aside hearing

Was the address they wrote to at any point the one which the DVLA had ?

M1

[Dexter151]

Re: Parking eye CCJ set aside hearing

Initially when I spoke to them they advised they had written to the second address ( one he has never lived at) then they changed their story and said initially they Sent to the dvla one. I asked them to gather all phone calls as they all told me different things. But they've ignored that point in correspondence to them. Obviously he should've changed address but I'm confused as to why they used the second address when experian showed his electoral roll address. Further more it wasn't him driving. So we made the n244 3 days after finding out about the CCJ through a credit ref agency during mortgage application as wanted to try sort it asap. But wondering what court will say?

[mystery1]

Re: Parking eye CCJ set aside hearing

It's hard to say without seeing your application and evidence. Generally i'd say you're likely to succeed but bad judges can hinder that.

Whether or not service was effective could be key with a sticky judge. (timely posting to last known address which i take as DVLA one)

M1

[Dexter151]

Re: Parking eye CCJ set aside hearing

Sorry what do you mean by the second bit? (Not very good on legal speak!!)

- - - Updated - - -

Also we have found out lots more since making the application- ie that his ex sent the letter back giving me address etc. do we get a chance to give an updated witness statement. Awaiting court letter still as they sent to wrong address too! Despite it being correct address on n244!!

[mystery1]

Re: Parking eye CCJ set aside hearing

A court formed is "served" when it is delivered to the last known address of the person it's meant for. In laymens terms - he got it (whether or not he actually got it).

http://legalbeagles.info/library/how...-judgment-ccj/


A 2nd witness statement should be fine.

Just don't do millions of them or the judge will get annoyed and make sure you explain how you know stuff (preferably backed up with evidence eg letters etc)

Sounds like you'll be fine.


M1

[Dexter151]

Re: Parking eye CCJ set aside hearing

Okay thank you.

Should I send the updated statement to the court prior to the bearing or submit it on the day.

I hope if we have letters from the driver etc we might be okay.

This is literally the first thing like this we've ever had.

I pray they're kind to us.

Do parking eye turn up to these hearings?

[mystery1]

Re: Parking eye CCJ set aside hearing

Sometimes.

Send in advance and take it with you (as you will with everything else)

M1

[Dexter151]

Re: Parking eye CCJ set aside hearing

Thank you for your help.