The MoJ’s consultation seeks to canvas views on the effectiveness and appropriateness of the current process with particular focus on whether limits should be placed on the circumstances where an individual may have a default judgment entered against them without their knowledge.
The consultation expresses a particular concern that some Claimants, in particular some private parking companies, may be deliberately providing incorrect addresses for debtors when issuing claims. The consultation notes that the Department for Communities and Local Government are reforming parking practices and considering how they can ensure a standardised practice is put in place, reducing the instances where a motorist may be unaware of a parking charge.
The consultation makes several recommendations, including improving public information to raise awareness of the need to provide the DVLA and creditors with change of address details. It is also recommended that a court may order a judgment to be removed from the Register of Fines, Orders and Judgments where:
1. The court is satisfied that the defendant was unaware of the claim/judgment when originally issued/entered;
2. The court is satisfied that the defendant has only just become aware of the claim/judgment; and
3. The defendant immediately pays in full.