CCJ old address

[yzme]

I noticed a County Court Judgment (CCJ) on my credit report earlier today for a private parking ticket. The letters were sent to my previous address, so I wasn't aware it had been issued. I hadn't updated the address on my V5C. I had changed the addresses for my driving licenses and two other vehicles, but not for this one – it's my fault, I know!

I contacted the solicitor who issued the CCJ, and they said they only check the address with the DVLA. They did have my new address on file, but since it wasn't updated with the DVLA, they didn't send any letters there, even though they didn't get a response from my old address.

Since I spotted it within 30 days, I can
either ask for it to be set aside or just pay it1. I'm struggling to find answers online, so I was wondering if anyone could help with the following questions:

1. N244 Form: Do you get the £303 fee back if the CCJ is set aside?
2. Self-Employed: I'm self-employed, so I'll be out of pocket if I attend court1. It seems most applications require a hearing. Given the CCJ is for £280, the N244 fee and other costs could exceed this amount. Since I didn't update my address, would the hearing be in their favour ?
3. Address Update: I feel they deliberately avoided contacting my new address. I updated my address with the electric roll and council tax, so they could have confirmed my new address.
4. Support for Writing a Defence: Is there any support available to help me write a defence? I'm dyslexic, so reading through draft examples online is overwhelming.
5. Finance Application: We need to apply for finance soon. How long does it take for a CCJ to be set aside?

I am a lawyer. Last year a (wealthy) client came to me with the same problem - he'd moved and not updated his address so knew nothing of the parking fine until he got a CCJ, which he only found out about when applying for a mortgage.

There is no mileage in the "they deliberately sent it to the wrong address" point, so forget that. It's your responsibility to update your address on car documents and with the dvla.

You can get the judgment set aside on some limited grounds. I did succeed in getting the judgment set aside for my client but in the end he paid about £6000 in legal costs to achieve this . Obviously you can represent yourself instead. You won't get the court fee back (because the existence of the CCJ is your fault), and you will need to attend the hearing if there is one.

Oh and from when the CCJ was set aside, it took about 3 months to clear off his credit record

That’s really helpful, thank you.

I think in this instance it will just be easier and end up cheaper to pay.

If it's got as far as a CCJ and it's only £280 including court costs etc I think you just need to pay it.

As to point 3 I agree with previous posters. It's up to you to ensure DVLA is updated when you move. Lots of people ignore Parking Charge Notices. Lack of reply to the Notices isn't in any way a sign that you've 'gone away' and a prompt for them to do more detective work to track you down.

At least it's come to light now. What often happens is that after the CCJ is issued it goes to Bailiffs. Bailiffs will do the detective legwork and are very likely to trace your new address. By the time their notice drops onto your doormat the cost will be a lot more than £280.

Working in the advice sector I've lost track of the number of people I've spoken to had no inkling of a parking charge until Marstons or whoever arrived at their door.