Old PCN turned into CCJ
Old PCN turned into CCJ
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WholeNewDude

Original Poster:

3 posts

140 months

Wednesday 25th March 2015
quotequote all
Hi All

Long time lurker here in need of some advice so signed up. This thread should clearly be in Speed plod and law, but sadly not able to get there.

Long story short:

Two parking charge notices issued by cowboy parking people in early 2010. Wrote to say that, as the registered keeper, I was not the driver and therefore had no contract with them, leave me alone please. Late 2010, move house (postal forwarding in place, car registration updated). Jan 2011, receive letters from their appointed 'debt collection agency' (remember, no debt, no contract), respond from current address. May 2011 - leave the country, again with postal redirection in place. Car is sold. No more heard.

Just found out there is a CCJ against my name from a judgement - at the initial address - in November 2011.

Want this gone - it's inaccurate, I don't owe them any money. However, I want it gone quickly for the purposes of mortgage application etc.

I'm fuming - these people filed a claim deliberately or through incompetence to an address where I would not be able to respond and now because of their bad practice my life is heavily inconvenienced and I face the prospect of not being able to get a mortgage. All on the basis of a spurious and incorrectly filed CCJ.

I was wondering if it may be possible to get the CCJ set aside by consent if I contact the parking company but am wondering as to whether this is wise or not. IT would be great to hear from anyone with any experience of this kind of thing.

drivin_me_nuts

17,949 posts

242 months

Wednesday 25th March 2015
quotequote all
Yes you can and there is a process to go through that no doubt others will advise you of.

I had a claim from 2011 that was actively perused by a company that had bought the 'debt' from. It took until the day before the case was due to be heard in the court before I received the letter indicating they had cancelled the case.

I have no doubt they are actively going after old cases in the knowledge that many will have moved house or will simply ignore the legal guff they send your way.

Money saving expert has long threads on this. Look there.

Leptons

5,493 posts

207 months

Wednesday 25th March 2015
quotequote all
Believe you need to make a 'Statutory Declaration'.