I was hoping to obtain to advice on a CCJ I have only been recently made aware of.
- The CCJ was issued in 04/2019, in which I only found out about this via a Debt Recovery Letter.
- It's in relation to a NTK from 11/2018, issued by VCS at Berkeley Centre in Sheffield. The fee was £60 raising to £100 if not paid within 14 days.
- The NTK was issued 12 days after the date of the alleged offence.
- To obtain the above information I had to SAR VCS as the NTK was sent to a previous address (my error and will explain below).
- Apart from the above I have had not liaised with VCS regarding this.
- It is for a 73 minute stay. It is an hour for free and then £1 after this hour (which you have to pay upfront which I find bizarre and a way of profiteering).
I know there are quite a few really good threads regarding VCS and Berkeley in which I will look to use information to pull together a defence. I am aware I need to write a WS in addition to this, and a NE244 form to apply to have this set aside. I have a few concerns around this though.
As mentioned I made an error where I didn't register my car to the correct address hence never seeing the NTKs.
I updated my Driving Licence with my parents address in July 2018 as I had split up with a long term partner and was moving address quite frequently so felt this was stable enough to alter my driving licence to.
Mistakenly I thought this would automatically update my vehicles to this (my parents) address however it didn't so my car was registered to a house I sold in Oct 2017. Unfortunately my father became terminally ill and due to this I took my eye off the ball with this and then found out I needed to update my V5Logbook so did this and sent it out to the DVLA on 1/4/19. DVLA updated this on the 5/4/19.
CCJ papers were sent on the 3/4/19.
Obviously quite unfortunate because if the Courts issued the papers a week later then they most likely would have had the right address.
I am really concerned that a judge when assessing the N244 may say I am at fault re the wrong address and reject my application for setting the CCJ aside
- not sure what others think?
It also concerns me that I have registered licence and my car to my parents and not my address however as stated this was stable.
I did think that I could write to VCS and state I am appealing the CCJ with or without there consent to see if they will consent this (unlikely I am sure)?
In terms of the defence I was thinking along the lines of;
- not the driver
- not entered in to a contract
- signs unclear as it says excel however VCS pursue
- Grace periods - the driver was 12 minutes after the 60 minute free period
- not applied for appropriate planning permissions for signage with local council
- old contract states its free for 2 hours not 1 hour.
Obviously pulled quite a lot of the above from some other threads.
Is there anything obvious people think I am missing?
Would I include all/everything in my defence statement for the N244?
I am also going to write to MP (not sure if its worth) to hopefully get some additional support.
Thank you in advance.