Discovered parking CCJ - work car and issued to wrong address

[thehopcat123]

Hi all, have discovered whilst searching my credit file a CCJ from 18th May 2018, the CCJ was issued due to an upaid parking fine for using a private car park, these are the details:

CLAIM FOR MONIES RELATING TO A PARKING CHARGE FOR PARKING IN A PRIVATE CAR PARK MANAGED BY THE CLAIMANT IN BREACH OF THE TERMS + CONDITIONS (T+CS). DRIVERS ARE ALLOWED TO PARK IN ACCORDANCE WITH T+CS OF USE. ANPR CAMERAS AND/OR MANUAL PATROLS ARE USED TO MONITOR VEHICLES ENTERING + EXITING THE SITE.DEBT + DAMAGES CLAIMED THE SUM OF 236.00 VIOLATION DATE: 23/03/2017 TIME IN: 14:54 TIME OUT: 15:06

(yes, that's eight minutes in a private car park).

The car I used when parking was a work vehicle registered to a fleet address, not my personal address.

I moved house in December 2017, updated all my personal and work records but the judgement has been sent to my old address.

I've been sent an N244 to fill out and I want to try and get this set aside. My argument is due to the vehicle not being registered to me I wouldn't have received the details or be able to counter this charge, and due to it being a ANPR camera and not physical ticket I would have no idea that the penalty had been issued.

If anyone can provide any help or would please let me know, happy to provide any more details.

[thehopcat123]

Also to add, I only found this CCJ as I was searching my credit file to remortgage. Over the last two years I've not had any loans, credit cards, or searches and that's why I (stupidly, now I realise), haven't checked my credit file.

I absolutely have no recollection of any post detailing this fine being sent to my previous home address, it was a shared house so sometimes the odd thing went missing, but I had spent the previous year getting ready for a mortgage application so I was hot on receiving anything in the post.

[ostell]

Did you change your licence AND V5 details with the DVLA?

[thehopcat123]

Yes I changed my licence to my new address, as for the V5 the car was registered to my lease company in portsmouth, the V5 was never in my name I was a long term leaseholder.

[thehopcat123]

So the car's V5 was registered to the fleet company, and I was down as the driver, my address details were updated with them accordingly when I moved.

[ostell]

How do they know ou were the driver at any particular time?

SAR to the parking compnay requesting all the details they have about you.

[thehopcat123]

I have managed to get the original PCN sent from them to me, and it is addresses to them, not me. The fleet company must have passed on my details as the driver.

Should I send via letter with proof of postage or is email ok?

[ostell]

No, they have passed on your details as the hirer. As I said they could not possibly know who was driving. Edit all posts so that the driver can't be inferred.

The parking company send a PCN to the registered keeper who respond with the details of the hirer. The parking company write to the hirer and include details of the hire contract and the original PCN to the leasing company. They usually miss the extra documents and therefore no hirer liability.

As you know you will need to apply for a set aside but this is at a cost of £255. If they sent to the incorrect address then you might be able to persuade the judge that they should pay for their mistake.

Post up the PCN sent to the lease company and the one sent to you at the incorrect address. (have you managed to retrieve it?). Redact identifying details but leave dates.

Don't delay too long in applying for a set aside.

[thehopcat123]

Hi Ostell, I haven't been sent the PCN that has been sent to my address. I've put together a six draft order and witness statement, evidencing the change of address but also highlighting that the fleet management company does not have day-to-day operation of the vehicle and as such there is no evidence provided that I was the driver at the alleged offence. I should have the set aside sent off tomorrow morning, would I be ok to post my witness statement on here to take a look at?

[ostell]

As the keeper/hirer you can be held liable under POFA. They don't need to show that you were the driver. The best out of this is the fact that they did not comply with POFA by not sending the additional documents. Just to show that you would not have been liable anyway.

SAR request to the parking compnay to get all the documents they have about you.

[thehopcat123]

Ok thanks, I’ve sent the SAR, in regards to the additional documents can I just confirm you mean any lease or hire agreement that I would have signed stating that I am liable? I know that hasn’t been sent but just wanted to confirm that’s what you mean.

[ostell]

Yes that's the documents. Without those documents they cannot hold the hirer liable. Here's POFA: http://www.legislation.gov.uk/ukpga/...dule/4/enacted Look at paragraph 14 to see what is required to hold the hirer liable. Note that they are also required to send you a copy if the original PCN.