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  • FIRST POST
    • stevecot1983
    • By stevecot1983 15th May 17, 10:05 AM
    • 22Posts
    • 10Thanks
    stevecot1983
    Civil Enforcement Ltd CCJ's
    • #1
    • 15th May 17, 10:05 AM
    Civil Enforcement Ltd CCJ's 15th May 17 at 10:05 AM
    Hi All

    I have read numerous post over the weekend here and on other forums and I have now completely confused/don't know what path to take.

    On Friday a prospective employer told me I had two CCJ's outstanding against my name, which I was completely unaware of - they were issued to a previous address, they do not appear on any of my credit files (according to Credit Expert its because the address hasn't been linked to my name but I can see it on the linked addresses part)

    After checking with Trust Online, and calling the courts (most unhelpful to begin with) I have found out these relate to Civil Enforcement Ltd.

    I have never received any correspondence from CEL or anyone acting on their behalf, after some googling I have found out this is a parking firm

    Timeline:
    Moved out of previous address in September 2012
    Updated my licence and log book October 2012 (no longer have to log book but my licence is dated October 2012 and was sent at the same time as my log book)
    Entered on the Electoral Register at current address November 2012
    CCJ's were issued in June and August 2015

    I lived in the property for about a year and in that time I had two vehicles registered there one which was sold in March 2012 the other I part exchanged in October 2013. The second was the one I had when moving to my current property in 2012.

    I believe I can try and get these set aside but after researching over the weekend I am feeling very out of my depth with all of this.

    How can I get the court paper work and particulars of the claim?
    I've tried contacting CEL on the telephone but I just get a voicemail, so how can I find out what vehicle this relates to, copies of the invoices/letters they sent etc?

    Because of the work I do the most important thing to me is having these removed from any records.

    Any help will be appreciated and apologies for posting yet another thread on this subject.
    Thanks
    Last edited by stevecot1983; 15-05-2017 at 11:14 AM. Reason: Change of details
Page 3
    • Coupon-mad
    • By Coupon-mad 13th Jun 17, 8:20 PM
    • 48,208 Posts
    • 61,677 Thanks
    Coupon-mad
    Call it a non-POFA case, from now on. Not 'pre-POFA'.

    can I request from the DVLA the details of when they updated the address on my log book? I no longer own the vehicle. I'm convinced it was pre October 2012.
    Yes you can ask the DVLA to tell you that.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • stevecot1983
    • By stevecot1983 13th Jul 17, 10:11 PM
    • 22 Posts
    • 10 Thanks
    stevecot1983
    Well tomorrow is case number 1, caught me by surprise got the date through the post last week! Must admit am getting a little nervous now. Been reviewing my witness statement etc.

    Any last minute advice on anything?
    • Coupon-mad
    • By Coupon-mad 13th Jul 17, 10:24 PM
    • 48,208 Posts
    • 61,677 Thanks
    Coupon-mad
    You mean the first set aside application?

    Re-read saggi's thread, and see what his/her Judge said about the reasons for kicking out CEL's claim and granted back a refund of the £255. Try to show that has happened here too.

    And tell the Judge you have another one and can he/she possibly strike that one out too because the facts are essentially the same, the claim equally baseless and you are over £500 out of pocket due to a rogue ex-clamper firm using an old address to pursue a keeper when they cannot hold keepers liable.

    At the very least they abused the court process by filing two claims which has made you have this headache twice and 2 x fees, should have only filed one claim if they thought you owed them money (but you don't, a keeper can't be held liable without the applicable law being followed).

    See if you can get 2 birds killed with one stone, if you don't ask you won't get. See if the September date can be vacated if the Judge thinks you are right and the claims should both be kicked out, as a waste of the court's time. Ask for your costs, definitely, why should you lose out?

    Take a payslip/proof of wages to claim your costs for attending the hearing. Get there nice and early to pass any security checks and to feel calm & not rushed in. Take a book in case you are kept waiting.
    Last edited by Coupon-mad; 13-07-2017 at 10:28 PM.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • stevecot1983
    • By stevecot1983 13th Jul 17, 10:33 PM
    • 22 Posts
    • 10 Thanks
    stevecot1983
    Yes sorry the first set aside hearing.

    I will re-read saggis thread.

    Good idea I will ask the judge tomorrow if he could - I didnt think of it that way!

    I have included a letter from my work stating my day rate and I have asked for my days wages back as part of my application along with the £255 fee.

    Thanks Coupon-Mad
    • stevecot1983
    • By stevecot1983 14th Jul 17, 1:29 PM
    • 22 Posts
    • 10 Thanks
    stevecot1983
    So I had the set aside hearing this morning, the Judge ordered the original default judgement be set aside on the grounds that I had moved out of the address the original claim was sent to 3 years before the claim was issued and therefore could not defend myself and that I had a strong defense for the claim. She did point out that in recent years there had been a number of high profile cases and that there was not a question over the right of the PPC's to issue tickets on behalf of landowners. She has ordered that I supply the court and the claimant with the defense within 14 days. No costs were I would have to claim these separately.
    • Coupon-mad
    • By Coupon-mad 14th Jul 17, 1:56 PM
    • 48,208 Posts
    • 61,677 Thanks
    Coupon-mad
    OK, good so far, so crack on with that defence next!

    And if they discontinue (which I think they might) be ready to slap in an immediate claim for those costs, an example was written by the legally-qualified LoadsofChildren123 and is linked in the NEWBIES thread post #2.

    In fact refer to your costs in your defence and state that's what you will do, if they discontinue.

    Would she not vacate or merge the September one, and expects you to go through that all over again?
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

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