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Mystery CCJ from CEL - Advice please
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pappa_golf wrote: »the 'incident' happened in April 2015
and then moved again in in Feb 2015.
all the above is a red herring nothing to do with mail re direct
was your V5 registered to the address you moved to in feb 2015 , and consiquently got a ticket in april?
I think i updated my V5 in 2015 after I moved (again) in the Oct so it now shows my current address but it would have been after I moved. Not sure precisely when - got to ask the DVLA by sending a form
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Is it enough to say in the set-aside request that I want the chance to defend myself?
Or can I say the claimant hasn't followed due process if they have had no confirmation that I ever received any of the paperwork or resided at that address?
Having scoured other cases, and if this is for a parking invoice, then CEL have to prove I was the driver and the registered keeper and not just the registered keeper (as it may not have been me driving for example).
You need to edit all mention of who was driving in your posts.
Your request for the set aside will need to include an outline of a defence. See #8.
You don't want them knowing who was driving! (DVLA will have told them who the RK is)0 -
Thanks Coupon-mad :-) I will post my defence here before the hearing (god sounds v scary). Can I use the 'keeper not driver' argument as my defence when I send in the docs as well as the fact I have never had a notification or correspondence from CEL about this claim? Apparently I need to do this on the form or the judge might not agree to set aside in the first place?
You've all been so helpful and patient thank you very much already!!
unless your V5 was registered to your correct address within the timescale for CEL getting details from the DVLA , how could they write to the correct address?
please look at your V5 and inside / left/ bottom tell us the DOC REF date.Save a Rachael
buy a share in crapita0 -
Thanks Coupon-mad :-) I will post my defence here before the hearing (god sounds v scary). Can I use the 'keeper not driver' argument as my defence when I send in the docs as well as the fact I have never had a notification or correspondence from CEL about this claim? Apparently I need to do this on the form or the judge might not agree to set aside in the first place?
You've all been so helpful and patient thank you very much already!!
Yes you can use that as part of your defence. Plus when you are told which location you can then put in a full defence (adding dodgy signage etc), should CEL pursue the claim again.
We have never lost a CEL defended case and NONE from 2016 have continued to a full hearing, not when defended with our help. CEL have folded.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Morning :-)
So I'm going to put this on my set-aside form, along with a couple of lines at the start on having an impeccable credit record before and how devastated I am. What do you think?
I am applying for this judgement to be set aside for the following reasons:-
1) There is a valid reason for not responding to the original claim - I have never received any correspondence from Civil Enforcement Ltd.
2) I do not believe Civil Enforcement Ltd has followed due process in making this claim against me and I intend to challenge this in a court hearing.
3) I do no believe Civil Enforcement Ltd have, or have provided, any evidence to prove who is liable for the contravention they claim has taken place. I am the registered keeper of a vehicle, but Civil Enforcement Ltd have not provided any proof to show who was driving the vehicle I am the registered keeper for, at the time the contravention is alleged to have taken place, and I intend to challenge this in court
Thanks in advance x0 -
although you might be able to prove cel sent it to a neighbiur or even the next street , the actual court papers would have come to the correct address - the address that cel were given by the DVLA
"thinking" that the V5 was registered at your addresss , may not be good enough PROVING it will help.Save a Rachael
buy a share in crapita0 -
You need to edit all mention of who was driving in your posts.
But OP does not know who was driving, he/she has no idea where or when the event occurred.You never know how far you can go until you go too far.0 -
You need to edit all mention of who was driving in your posts.
But OP does not know who was driving, he/she has no idea where or when the event occurred.
I have so little information on this (as the court report has no details on it and I've never received any documents or paperwork or notification or anything) that I don't even know that this relates to the vehicle that I am the registered keeper for!!! Let alone whoever the driver was! Crazy days ...0 -
have you / or are you going to ask for a copy of the county court letter (mcol) that you never recieved? all details inc location and VRN will be on that
ps: make sure they post it to the correct addressSave a Rachael
buy a share in crapita0 -
pappa_golf wrote: »have you / or are you going to ask for a copy of the county court letter (mcol) that you never recieved? all details inc location and VRN will be on that
ps: make sure they post it to the correct address
I haven't asked but I can do..... Do I need to do that for the set-aside or just for my own information/preparing a defence?0
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