Highview/DCBL - backdoor CCJ

[robert_harper_2000]

Hey

 

I have had a court judgement come through saying I owe over £300. I don't know what it is for. I didn't receive any letters. Can I appeal on grounds of not knowing about court letter? 

[FTMDave]

You can probably get it set aside.

 

Can you give us some more details?  For a start, are you still within the 30 day period by which the court has ordered you to pay?

 

Have you moved recently?

 

Best to upload the whole judgement, of course redacted of your details.

 

 

[robert_harper_2000]

within the 30 day window 

 

 

 

Judgement for claimant.pdf

[FTMDave]

Being within the 30 days gives you a lot more options.

 

You're an expert on PPC cases, you know the fleecers will have sent various threatening letters, then a Letter of Claim, and after the court will have sent a claim form.  There must be an explanation for your not receiving correspondence.  

 

Have you moved recently for example?

Edited April 13, 2022 by FTMDave
Typo

[FTMDave]

Thread moved to private parking forum.

[dx100uk]

judgement for claimant sorted and converted to PDF

[robert_harper_2000]

I think it may have been a ticket about parking. My gf had a baby and there wasn’t any parking in the Hospital so I parked in the Gala Bingo. But my son is 5 years old so I didn’t think they were gonna go to court. I never received a court letter

[FTMDave]

It was definitely a ticket about parking.  We know Highview very well here.

 

You have two choices.  Well three, but one isn't much of a choice.

 

1.  Give in and pay the fleecers their £321.  If You go down this road it's essential you pay within the 30 days to avoid getting a CCJ.

 

2.  Apply to the court to set aside judgement.  This will cost £275.  It's unlikely you'll ever get that money back, although that's not definite, it all depends on why you didn't receive the previous letters and claim form.  Since I've been on the site I've seen a 100% record with set asides being granted, but that was because the Cagger was able to show the judge two things:

   (a) a reason why they didn't file a defence when they had the chance to, almost always because the court papers had gone to a previous address, and

   (b) an outline of a defence against the fleecers' claim.

 

3.  Defy the court and don't pay.  We've never seen the fleecers try to enforce judgement for a single ticket.  But it would mean you'd have a CCJ and knackered credit file for six years.

 

Have a think about what's the least worst option for you.

 

It would help immensely if you could come up with an explanation as to why you never received previous communications, why is why I keep on asking you if you've moved recently.

[brassnecked]

One of the best setrasides is if you moved recently and its within the time window of DVLA changing keeper details etc,  so if you could answer FTMdaves question about moving it would =help.

 

[robert_harper_2000]

I was trying to check dates of when I moved. I have moved since the ticket 5-6 years ago. But prob about 2 years or under ago

[Homer67]

Is your vehicle registered with the DVLA at your current address?

[robert_harper_2000]

Yes it was changed around April 2019 ish

[brassnecked]

So what was the date of the ticket?

[robert_harper_2000]

No the ticket if it is that was over 5 years ago

[dx100uk]

If they abided by the pre action protocol and sent a letter of claim then they should have checked your present address at your credit file first not used the ad they got from the DVLA at the time of the 'offence'.

 

Might an SAR be in order here 1st before an n244 set aside as it could add strength to one if they did not abide by PAP??

 

Dx

 

 

 

 

[brassnecked]

So well before you moved?

[robert_harper_2000]

Yes way before

[FTMDave]

Ring the Northampton court and find out which address the claim from was sent to.

 

I bet in was your old address.

 

Once we have that info we can think about set aside.

[robert_harper_2000]

The address on the court form was to my current address the present one

[dx100uk]

We know that or else youd never have got it.

i bet your bottom dollar everything else was purposefully sent to your old address then they miraculously found your present address before judgement.

 

Go ring northants bulk NOW before 4pm shutdown till Tuesday!!

ask for the EXACT claimform particulars of claim and the address on the claimform. Quick!!

 

Dx

[FTMDave]

I wasn't talking about the court judgement.

 

I was talking about the original claim form.  Do what dx says.

[brassnecked]

The original will have the address all the other paperwork was sent to, if your old one its slap on wrist time for Highview potentially.

[robert_harper_2000]

Crap! Only just saw this message

[dx100uk]

ok things happen.

 

you've got until the 4th may to get EVERY duck inline that you need too 

if you can PROVE they purposefully avoided PAP and that they informed the court of a change of address after default judgement you MIGHT be able to get this set aside FOC to you and not have to pay the set aside FEE nor any judgement.

 

get an SAR running to highview ASAP by 1st class mail.

ENSURE you attach a copy of the JUDGEMENT FOR CLAIMANT

and

A COPY OF YOUR PRESENT CTAX BILL

 

DO NOT USE EMAIL or give one.

 

 

[robert_harper_2000]

So what would be ideal? Sorry I’m confused. It’s good that I’m registered to the new address? Or where do I want to be?