Mystery CCJ - Civil Enforcement Ltd

jamiegray47 · 27 July 2017 at 5:01PM

Hi,

i have been pointed in this direction after some advise elsewhere on the forum.

i have just found out that i have a CCJ put in place in May 17 from Northampton County Court Business Centre and Civil Enforcement Ltd.

after some investigation the issue is my old employer rented some car parking spaces which i used regularly but when cameras were fitted i recieved a letter saying that i had a ticket. i took the letter to my employer who to my knowlidge "sorted it" this would have been at somepoint between janurary 16 and august 16.

a short while later and i have changed employer moved address and sold the car.

with the advise i am given im a looking to get this matter Set aside and will pay the fee for this.

my only worry is that the information on this forum states that i would need to cover 2 points. 1 being that i never received documents which i wouldnt have due to moving address and another that i have a valid defence. my worry is that my defence would be that yes i did park here but i was entitled to as an employee of the company that rented the spaces. for this i have proof such as payslips a contract of employment.

obviously i do not want to drag an ex employer to a county court to defend a £290 parking fine.

what would be my next best move???

any help is appreciated.

waamo · 27 July 2017 at 5:11PM

Payslips do not provide proof you were entitled to park there. Who employed CEL? Did they tell them not to proceed with court action? If they did can you get that in writing?

Will your ex employer send a letter or email to you confirming you had the right to park?

jamiegray47 · 27 July 2017 at 6:21PM

Probably not likely that they will, havent been in touch for almost 12 months.

And in terms of cel i cant remember who sent the origional letter and dont have it to hand. This is the problem with not having all the info i cant really defend it.

All i have is my word that i worked for the conpany that rent the spaces

Coupon-mad · 27 July 2017 at 6:23PM

This is the problem with not having all the info i cant really defend it.

Everyone says that - it is NOT true. You have loads of defence points to include in your supporting statement to go with your N244 set aside application.

Your case is the same as all the other CEL set asides; loads here, use the search the forum facility and copy them.

Read saggi's thread, and others linked in the NEWBIES thread (post #2 of it) about how to get a CCJ set aside.

waamo · 27 July 2017 at 6:30PM

Have you read this thread? http://forums.moneysavingexpert.com/showthread.php?t=5619965

It is linked to in the Newbies thread and contains a good template for a set aside. The OP in that got one pretty much on the strength of not receiving papers.

Coupon-mad · 27 July 2017 at 6:50PM

Yep, that one and saggi's thread are good, all linked in the NEWBIES thread.

The_Deep · 27 July 2017 at 7:08PM

I do not know why, when a CCJ is issued to an old address, you need to show that you have a defence. Can you not just tell the judge that, had you have received the original PCN in time, you would have paid it at the lower rate?

Also, I read that you can get a set aside if the debt has been calculated incorrectly, which is nearly always the case with PPCs' claims.

waamo · 27 July 2017 at 7:11PM

The_Deep wrote: »

I do not know why, when a CCJ is issued to an old address, you need to show that you have a defence. Can you not just tell the judge that, had you have received the original PCN in time, you would have paid it at the lower rate?

Stop being so sensible. Common sense would cause the whole system to come crashing down. As a former employee of HMG you should know that.

jamiegray47 · 28 July 2017 at 12:36PM

Ok so i have messaged the previous employer and i am waiting for a letter to say that he rents the parking space and that i was authorised to park there.

im just looking at the N244 and this is very confusing as its asking what level of judge would be needed and how many hours and minutes would a hearing take?

Thanks in advance.

Coupon-mad · 28 July 2017 at 9:56PM

You need to practise searching the forum, I found this within one minute flat:

http://forums.moneysavingexpert.com/showthread.php?p=72212851#post72212851

HTH

jamiegray47 · 2 August 2017 at 10:38AM

Thanks all for your help.

To keep the thread updated, i will be going ahead with the set aside for the following reasons.

I have a written letter from my previous employer stating that the company rent the car park from xxxxxxx and that as an employee i was entitled to park there.

I have spoken with Civil Enforcement Ltd who have no recollection of any charge or claim against my self at my previous address where the claim is charged against.

I moved out of the address and received no letters other than the origional from the owner/ manager of the land which i passed on to my ex employer to action. i was therefore unaware that Civil Enforcement Ltd were persuing any charge or claim.

Also Thanks Coupon Mad for linking your previous post regarding filling out the N244

Jamie

Mystery CCJ - Civil Enforcement Ltd

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