Civil Enforcement Ltd CCJ's

So I have found the insurance docs from 2012 (thank god i never delete my emails) downside is at that time I didn't have a named driver but I know one or two people used the car and were covered on their own insurance policies.

I also found the insurance docs that were sent to me after changing my address, although as Papa has said they only have to send the claims to the last known address.

Umkomaas not sure I quite understand this:

Put CEL to strict proof that they posted such communications.

How would I do that? In the witness statement or at the hearing?

Again thank you all for the help. I think I am ready to get these in the post tomorrow

ask the Judge why you should be £255 (plus loss of earnings/travel for attending a hearing) out of pocket due to this rogue, speculative claim?

Frustratingly I have to make two separate applications so potentially £510 out of pocket + two days off work + travel.

Could I ask you please to take one last check over my witness statement before I get it in the post, the two applications will have almost identical witness statements just amended dates and case numbers.

I am xxx of xxx and I am the Defendant in this matter.
This is my statement to support my application dated xx May 2017 to:
1. Set aside the Default Judgement xxxx dated xx August 2015 as it was not properly served at my current address.
2. Order for the original claim to be dismissed
3. Order the claimant to pay the defendant £255 as reimbursement for the set aside fee and for loss of earnings approx. £xxx per day.

1. DEFAULT JUDGEMENT

1. I understand that the claimant a Default Judgement against me as the Defendant in August 2015. The claim form was not served at my current address and thus I was not aware of the Default Judgement until a prospective employer made me aware on xx May 2017. I understand that these claims were served at an old address (xxx). In support of this I can provide confirmation from xx Council showing my entry on the electoral register in November 2012 at my current address.

2. As this default does not appear on any of my credit files I obtained the details from Registry Trust Limited and made contact with the issuing court on xx May 2017 to gather more details, at the time I was advised the Claimant’s name, a reference number and contact telephone number.

3. On the xxth May 2017 I contacted the Court to request further detail of the Default Judgement. The particulars of the claim only give the “Outstanding Debt and Damages” as the reason for the Claim, in support I can provide the details the court has emailed to me.

4. I have never received any previous documentation from the Claimant in this matter and I was never able to properly challenge the Claimant’s claim. Further I put the Claimant to strict proof that they did post such communications to the Defendants address.


5. I have made several unsuccessful attempts to contact a member of the Claimants staff via telephone on 12 May 2017 and 15 May 2017 using the number provided to me by the County Court Business Centre.

6. I believe the Claimant has behaved unreasonably in pursuing the claim against me without ensuring they held the Defendants current and correct contact details. According to publicly available information my circumstances are far from being unique. The Claimant’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.

[FONT=&quot]7. [/FONT]Furthermore, Prime Minister May publicly pledged to investigate “abuse” of the CCJ System and so called “Credit Clamping” as reported in the Daily Mail article dated 12 September 2016. The Right Honourable Sir Oliver Heald on 23 December 2016 "announced a crackdown on unresolved debts which can damage people’s credit ratings without them knowing. The action comes after concerns were raised that companies were issuing claims to consumers using incorrect addresses."

8. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendants current address when bringing the claim.

9. Considering all of the above I was unable to defend this claim properly. I believe that the Default Judgement against me was issued incorrectly and thus should be set aside.

2. ORDER DISMISSING THE CLAIM

1. I understand that the Claimant is a Parking Company which seeks to claim for “Parking Charge Notices” which the Claimant believes are due as a result of an alleged breach of contract for parking by a motorist.

2. If the Claimant has obtained details of the vehicle for which the Defendant is the Registered Keeper, and used those details to make a claim for a “Parking Charge Notice”, I thus dispute the claim in its entirety as I do not know the wording of the contract nor do I know the means by which the contract was alleged to come into force.

3. I further believe this Claim relates to a “Parking Charge Notice” issued on 28 May 2012 and therefore the Schedule 4 of Protection Of Freedom Act 2012 does not apply and the Registered Keeper of the vehicle cannot be held liable where a breach of contract may have occurred by a driver of a vehicle the Defendant is the Registered Keeper and where said keeper is unable to identify the driver.

4. For the Claimant to have obliged the Defendant to provide the drivers details at the time of said breach the Claimant would be required to apply for a “Norwich Pharmacal Order”, I am not aware of any such order being made upon the Defendant.

5. Furthermore, given the time delay of approximately three years between the alleged breach of contract and the date of this Claim it is unreasonable to expect the Defendant to have a record of who was driving the vehicle at the time of the offence.

6. I further submit that the Claimant’s claim is without merit due to substantial issues in law. This is for the following main reasons:

1. Lack of Standing by Claimant: The Claimant is unlikely to be the landowner of the car park in question, and will have no proprietary interest in it. This means that the Claimant, as a matter of law, will have no locus standi to litigate in their own name. Any consideration will have been provided by the landholder, and only they would have been able sue for any damages or trespass.

2. No contract with the claimant: Any contract must have offer, acceptance and consideration both ways. There would not have been consideration from the Claimant to the motorist; the fee for parking benefits the landowners, not the Claimant. Therefore, there is no consideration from the motorist to Civil Enforcement Ltd.

3. On this basis I believe that the Claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.

7. In order to make informed decisions and statements in my defence as keeper of a vehicle, I will require copies of all paperwork and pictures of all signs from the Claimant. 


Statement of Truth:
I believe that the facts stated in this Witness Statement are true.
Full Name: xxxxx
Dated 16/5/2017
Signed……………………………………….