Sent to old Address - now CCJ

[luboff]

My son received a Private Parking Charge Notice reminder from Parking Eye for an overstay on a Motorway Service Station car park on or around the 1st September 2015, the date for the original notice was shown as 11th August.

He received this at his old address but found it when he called in to see if there was any post, he could not find the original Notice but this may have been destroyed by the new tenants.

I immediately sent a Formal Challenge and showed his new address and included a copy of the Reminder. We then heard nothing, my son asked the Landlord of his old address if there was any post on a regular basis. Then on the 5th January 2016 he found a Claim Form from the County Court for £175 at his old address.

What should he do now? It looks as though Parking Eye ignored the Formal Challenge and the new address.

[mystery1]

Re: Sent to old Address - now CCJ

Do you have proof they knew of his current address ?

M1

[luboff]

Re: Sent to old Address - now CCJ

I've got a copy of the letter I sent and the Recorded Delivery slip?

Do you have proof they knew of his current address ?

M1

[mystery1]

Re: Sent to old Address - now CCJ

I've got a copy of the letter I sent and the Recorded Delivery slip?

Have you tracked it ?

M1

[luboff]

Re: Sent to old Address - now CCJ

No didn't do that. too late now I suppose.

One thing - his name has been on the Register of Electors for the new address for all that time.

Have you tracked it ?

M1

[mystery1]

Re: Sent to old Address - now CCJ

No didn't do that. too late now I suppose.

One thing - his name has been on the Register of Electors for the new address for all that time.

I think you still can ? I'd certainly try.

Service cannot be effected to an address which is not the last known address. (i'll need to further research the point if they messed up but i think it's a big deal from memory)

M1

[luboff]

Re: Sent to old Address - now CCJ

When you say "last known address" what do you mean? The address which Parking Eye got from DVLA ?

Just found a letter from Mercedes Leasing (where he leases his car from) dated August 8th saying they had noted his new address. The Parking Charge was on the 11th August.

I think you still can ? I'd certainly try.

Service cannot be effected to an address which is not the last known address. (i'll need to further research the point if they messed up but i think it's a big deal from memory)

M1

[mystery1]

Re: Sent to old Address - now CCJ

The courts allow you to serve court papers at someones last known address. If they were in receipt of your letter that address is incorrect as they were informed of the new address.

Anyway have you tracked the letter yet ?

M1

[luboff]

Re: Sent to old Address - now CCJ

No, looks like I've made a mess of things, I've kept the wrong delivery ticket, I was sending out a few parcels the same day!!! So looks like he'll have to pay up? Or is it worth ringing the Court to explain and see what they say?

[luboff]

Re: Sent to old Address - now CCJ

Hi Mystery 1, did you have any advice after my last comment?

[mystery1]

Re: Sent to old Address - now CCJ

Has your son sent acknowledgement of service ? If not do so.

Can you post up the claim form and PCN (suitablt sanitised)

M1

[luboff]

Re: Sent to old Address - now CCJ

Send it even though we are out of time, past 28 days!

Has your son sent acknowledgement of service ? If not do so.

Can you post up the claim form and PCN (suitablt sanitised)

M1

[mystery1]

Re: Sent to old Address - now CCJ

The claim form is over 28 days old ?

I hope they haven't applied for a default judgement.

M1

[luboff]

Re: Sent to old Address - now CCJ

Problem is all the correspondence is going to his old address which is the nub of the whole thing. He can't always gain access to his old address to see if there is any post there and the current tenants do not seem to care what happens to his old post. (I know! he should have arranged for his post to be redelivered but such is the way of youth!!) Is there any way he can find out? And if there has been a default judgement I presume there is nothing else he can do?

The claim form is over 28 days old ?

I hope they haven't applied for a default judgement.

M1

[mystery1]

Re: Sent to old Address - now CCJ

Phone the court.

If there is a default judgement it can be set aside and indeed if they used the wrong address a set aside must be allowed. Costs may depend on whether they believe the correct address was given to them. A recorded delivery slip would have been spot on.

M1