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HELLO LEGAL BEAGLES - CCJ dispute advice

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  • HELLO LEGAL BEAGLES - CCJ dispute advice

    Hello everyone, hoping I am following the correct route by posting a brief description in the Welcome Forum! I am seeking some advice on whether I should challenge a CCJ (PCN) and require some expertise.

    There is a few points in the history of what's transpired that make it a slightly complex (to me!) scenario, but I guess the key part I wanted to seek advice on was whether me delaying updating the DVLA on my new address is likely to adversely impact my defence if I challenge the CCJ?

    Happy to discuss further once pointed into the right area of the forum.

    Many thanks in advance for your help.

    Regards,
    GeordieExile
    Last edited by GeordieExile; 5th July 2019, 16:11:PM.
    Tags: None

  • #2
    Hi & welcome to LB.

    Crack on here for the moment....we can get you moved later.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Thanks for the welcome,

      TLDR; Would me not updating the DVLA in a timely fashion after moving address, weaken my defence of challenging a CCJ registered against me as keeper of a car, despite me not driving it at the time?


      So here goes...

      Timeline; September 2017 I move house, but I forget to change my address with the DVLA. November 2017 - my ex partner registers car registration with university (unknown to me, this reg is incorrect by one digit). PCNs issued for Feb-Mar-Apr 2018 digital reg plate recognition - these go to old address (unknown to me that these have been sent). June 2018 I update DVLA. July 2018 - Receive another PCN this time to my current address. This is then rescinded by the university following dialogue with my ex partner whom states that this is a car that is registered - I assume university updates car reg when agreeing to rescind. August 2018, new car that is updated with the uni whom confirm that the previous registration is no removed off the system. Jan 2019 CCJ registered against me, Apr 2019 I am rejected for credit and find out about CCJ. Dialogue with university whom refuse to set aside the PCN, even though I wasn't the driver, the car was registered - by my ex incorrectly (innocently too!)- to their systems and they had also rescinded a later issued PCN after agreeing that the car was registered to their systems.

      Do I contest or do I accept culpability for not amending my address with the DVLA after moving? Would me not updating the DVLA weaken my defence? The university said they will not support setting aside.


      I had a CCJ registered against my credit file without my knowledge at the end of January this year. I didn't find out until some months later after being rejected for a mobile phone contract and subsequently checking my credit file.

      After calling Northampton County Court Business centre, I found out that a local university had registered it. I called them up, they advised me to get in contact with Gladstones solicitors whom the case was now with and they told me the CCJ was for three PCNs, that weren't paid from Feb, Mar and Apr 2018.

      My first thought was this was incorrect, as I hadn't parked there. Then I recalled that my ex (a student and swimming teacher at the university) had registered the car with the University parking team and was therefore able to park for free.

      I contacted my ex for the email evidence of this registration and once received I sent it onto the solicitors, asking for them to set aside the PCN if the university was agreeable.

      This was subsequently rejected, as the university pointed out that the car reg in the email didn't match. It was one digit out. This was an error on my exes behalf - this was innocent. They said they would have rescinded it had we got in touch earlier, I pointed out that I received no correspondence, but admitted I had been late updating my address with the DVLA. However, the university had in fact issued a further PCN which they rescinded after discussion. My opinion is that they should have rescinded the others too.

      My ex had later registered a new car reg, in which the uni acknowledged the correct registration for my previous car.

      My defence, as follows; I was not the driver at the time, I did not register the car and therefore the errors are not mine, I did not receive the information to contest.

      Would my defence be null or weakened by me not having updated the DVLA in a timely manner?

      Sorry, I've went on here.

      Happy to answer further queries.

      GeordieExile





      Comment


      • #4
        Hi

        Could you clarify.....have you paid the Judgment Creditor (formely the Claimant) for the amount decided via the CCJ?

        Btw, you would be dealing with the Judgment Creditor going forward, not Gladstones.
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Hi,

          No, I have not paid the Judgement Creditor and thanks for the advice.

          Comment


          • #6
            Originally posted by GeordieExile View Post
            Hi,

            No, I have not paid the Judgement Creditor and thanks for the advice.
            Ok, it might have complicated matters had you done so.

            June 2018 I update DVLA. July 2018 - Receive another PCN this time to my current address.
            This is interesting.
            It could be argued that the parking co were, or should have been, put on notice of your new address....imho worth a mention at least.
            If letters etc were being sent to an old address, any idea what happened to them?
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #7
              Ok, thank you. No idea on the outcome of the letters to previous address unfortunately. The address was a shared house and managed by a letting agency whom would have my email from previous lettings.

              Comment


              • #8
                Originally posted by GeordieExile View Post
                Ok, thank you. No idea on the outcome of the letters to previous address unfortunately. The address was a shared house and managed by a letting agency whom would have my email from previous lettings.
                It could be argued that, due to no response from you despite several letters (including...I'm assuming...letter(s) threatening court claim(s)), the parking co/sols should have been more diligent in their efforts to ensure a correct address to serve a court claim.

                Applications for set-asides can either be with consent (of the Judgment Creditor), or without consent.

                A full explanation, courtesy of our R0b
                https://legalbeagles.info/forums/for...tailed-version
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #9
                  Thank you for the advice and link to the further information.

                  Do you think the court would look unfavourably on my delay of updating DVLA or do you think I have an argument worth fighting?

                  Appreciate, it is your opinion I am asking.

                  Comment


                  • #10
                    So do the university normally provide details of the car's keeper from their registration documents?

                    looks like a paperwork cockup along the way as the car was registered, albeit incorrectly, and the details were obtained from the DVLA

                    Comment


                    • #11
                      Hi,

                      You are correct that the paperwork was registered - incorrectly - and then obtained details from the DVLA. In the July PCN, following my exes intervention, they matched off the registration details and removed the PCN. I was unaware at the time that there were other outstanding PCN from the same car park.

                      Comment


                      • #12
                        From my position, my basic defence -that needs more detail - would be as follows: I admit responsibility for not updating the DVLA in a timely fashion upon moving. However, I personally did not register the car details or use the car at the times of each PCN. Therefore, I was unaware that a mistake had been made upon initial registration. The university did iin fact rescind a later issued PCN once contacted about the details and also confirmed in email the correct registration when updating the new car reg later in the year. Latterly, I had no opportunity to contest these charges as I did not receive correspondence due to me not updating DVLA until later in the year. However, the University had the opportunity to reconcile the car reg and PCNs when they rescinded a later PCN and should have been more diligent in their efforts to serve a court claim when they had no response.

                        Does this sound plausible or am I going to have to accept responsibility for not updating the DVLA upon moving?

                        Apologies, if its too contentious for anyone to provide a view on this.

                        Comment


                        • #13
                          Originally posted by charitynjw View Post

                          It could be argued that, due to no response from you despite several letters (including...I'm assuming...letter(s) threatening court claim(s)), the parking co/sols should have been more diligent in their efforts to ensure a correct address to serve a court claim.

                          Applications for set-asides can either be with consent (of the Judgment Creditor), or without consent.

                          A full explanation, courtesy of our R0b
                          https://legalbeagles.info/forums/for...tailed-version
                          Thanks, reading through this I can see how I may have grounds, however I may have made it more difficult with the timing of contesting the CCJ.

                          Comment


                          • #14
                            Originally posted by GeordieExile View Post

                            Thanks, reading through this I can see how I may have grounds, however I may have made it more difficult with the timing of contesting the CCJ.
                            Still, no harm or foul in seeking consent to set aside.
                            What's the worst outcome?......they refuse. (Which could be deemed unreasonable.)
                            CAVEAT LECTOR

                            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                            You and I do not see things as they are. We see things as we are.
                            Cohen, Herb


                            There is danger when a man throws his tongue into high gear before he
                            gets his brain a-going.
                            Phelps, C. C.


                            "They couldn't hit an elephant at this distance!"
                            The last words of John Sedgwick

                            Comment


                            • #15
                              Originally posted by charitynjw View Post

                              Still, no harm or foul in seeking consent to set aside.
                              What's the worst outcome?......they refuse. (Which could be deemed unreasonable.)
                              Thank you again for your help and advice, following a week of dialogue between myself, the university and their solicitors; the university has agreed to consent to setting aside the CCJ. Fingers crossed the Judgement Creditor will agree to the setting aside.

                              Comment

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