CEL Ltd default CCJ! Pls help!

Jeff123 · 12 September 2017 at 1:52PM

Hello everybody.
I am yet another victim of CEL ltd. Have received a ccj without knowledge of any wrong doing!
I received a letter from the bank to check my credit file as they removed my overdraft. I logged in and found out that i have a ccj!
I called the court, they don't have much information except the name of the company and their telephone details. The courts didn't even know what the judgment was about etc. I googled the company and found out that it is a private parking firm, tried to call them but no luck, only a payment automated line was available. Left a message on other line, it went on voicemail, left a message but not received any communication from them!
Luckily i came across this website and found out that i am not the only one to have experienced this.
The story goes, the alleged incident happened on 28th March 2016, i moved house on 15th April 2016, i had royal mail mail redirection setup for 3 months after that, and in all this time i haven't received any PCN from CEL, so have been totally unaware of this whole shebang, the judgement date was 27th March 2017 for £350.!
I read Saggi's post and took info from their application to set aside the judgement. The hearing is on 2nd Oct.
I need to know if anyone can point me to right direction, what to expect from the hearing etc.
I have worked really hard to buildup my credit history, i used to have an excellent score but now it has gone to poor. I am really cross with them and want to ensure they end up paying for their ruthlessness.
Any help/guidance would be appreciated.

Half_way · 12 September 2017 at 1:59PM

there should be something in the newbies thread. out of interest do you know who's car park it was?

Coupon-mad · 12 September 2017 at 2:01PM

The NEWBIES thread tells you about set asides and shows successes v CEL, in post #2 of it. All you need to know is there, with links.

I read Saggi's post and took info from their application to set aside the judgement. The hearing is on 2nd Oct.

Good! Since hers, we have seen other successes.

Take proof that you had moved, but that you were 'there to be found' with a basic search (i.e. prove things like: you are on the public electoral roll - if you are). And take evidence that more than one person drove that car (if you can work out which car it is about).

Also write to your MP like this person:

http://forums.moneysavingexpert.com/showthread.php?t=5702742

Jeff123 · 18 September 2017 at 12:35PM

Hello
Sorry been away for a few days.
answers to your questions.
I do not know which parking area it was. I was hoping that CEL would have sent me
copies of PCNs before we go to court so I can see what I am defending for. I am sure they have received the letters/ pack that I sent to the court on triplicate.
Are they supposed to send me anything prior to attending the court?
Just wanted to explore the following scenarios? Any advise will be hugely appreciated.
Scenario A:
If they don't turn up in court, can the case be dropped? And if so can I claim any costs on the like loss of wages, person in litigant, compensation for stress etc, data protection breach etc?
Please excuse me if I sound bit ignorant, I have never had to deal with this sort of scenario at all and have never been to court so all this is very overwhelming, just trying to get my head around it all.
Scenario B
If they turn up to defend, am presuming they will have to handover the copies of the PCNs etc, do I get a chance to go through them before we get in front of the judge?

What sort of documents do I need to take with me?

If the judge is on their side, what shall I do? Can I appeal etc?

I am only the main principal to drive my car but on few occasions I have had a couple of my friends/cousins who have driven my car with my consent but of course on their own insurances.

Please help. Really bricking it!

Coupon-mad · 18 September 2017 at 2:35PM

Are they supposed to send me anything prior to attending the court?

No, not for a set aside, most people here do these in the dark but still win. CEL will probably not turn up and you should read Saggi's thread linked in the NEWBIES thread post #2.

please none iof the usual 'I can't defend it if I don't know what it is about - yes, you can, everyone does and they get them overturned and the CCJ wiped, and can claim your £255 court fee back, if you do it right. There are LOADS of set aside threads here, you need to search & read more of them.

Jeff123 · 1 October 2017 at 8:56PM

Hi guys,
Tomorrow is the day. I hope I get a fair judge.
I am taking my defence (similar to Saggi's outline) my circumstances are very similar to hers.
Also taking the POFA 2012 schedule with me.
Just wanted to confirm my smoking gun is the POFA 2012 NTK ?
Any last pearls of wisdom?
Will let you know how it goes.
Many thanks.

Coupon-mad · 2 October 2017 at 12:09AM

Yes your smoking gun is indeed Schedule 4 of the POFA. Also take proof that there was more than one possible driver for that car (copy insurance?) and proof that you were 'there to be found' and had moved house, therefore you can't have seen the claim/defended it, but would have done (and would have had high prospects of winning) had CEL made even the most basic of searches or tracing attempt to find you.

And take a printout of this:

https://www.gov.uk/government/news/new-measures-to-protect-consumers-from-debt-claims

To show even a clueless Judge that parking firms were singled out re this abuse of process.

System · 2 October 2017 at 6:03AM

Don't forget to ask the judge to order that CEL repay your £255. Lots of people forget so fail to get a fee refund. Suggest that as almost all CEL cases this year have been set-asides that this company go out of their way to use the courts to take advantage of people that move home.

Good luck

Jeff123 · 2 October 2017 at 10:18AM

Thank you for your support.
Where Can I find a printable evidence of number of successful CEL set aside to show the judge?

The_Deep · 2 October 2017 at 10:34AM

£350 is a ridiculous amount for an alleged infringement of T&C in a car park. There has obviously been dishonesty here, (fraud?), on the part of the PPC and/or their solicitor and perhaps lack of due diligence.

Personally, I am surprised that courts allow these default judgements on the nod. Surely all that is needed is a box for the claimant to tick that they have made recent efforts to trace the appellant.

Coupon-mad · 2 October 2017 at 11:27AM

Jeff123 wrote: »

Thank you for your support.
Where Can I find a printable evidence of number of successful CEL set aside to show the judge?

The BMPA has a list of court cases every day and CEL set asides feature far more than actual hearings, demonstrating evidence of an apparent blanket abuse of the court process, by (apparently) getting CCJs against people without their knowledge.

CEL Ltd default CCJ! Pls help!

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