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  • FIRST POST
    • jayu619
    • By jayu619 2nd Dec 17, 12:33 AM
    • 112Posts
    • 8Thanks
    jayu619
    Judgment for Claimant - CEL - HELP!!
    • #1
    • 2nd Dec 17, 12:33 AM
    Judgment for Claimant - CEL - HELP!! 2nd Dec 17 at 12:33 AM
    Dear MSE community,

    I have been receiving PCN letters from an incident Jan 2017 regarding a parking ticket at an Ibis hotel car park. This was not me, so I kept ignoring their letters and then came CEL, who have been writing to me.

    Fast forwarding, I received their claim form which I said I will dispute. And now I have received a judgment for Claimant letter. I phoned up the CCBC in Northampton, where a clerk informed me that I can apply to set aside this judgment but have to give reasons why - this is where I need your help.

    How would I go about filling in an N244? I am a student for which I will be filling in an EX160 form to help with costs.

    I have spoken to my brother who studies Law, and he advised me that CEL do not have a legal interest in the matter - its a civil liability which should be between me and Ibis. CEL are not akin to the contract so they have no standing. Also, their claim form is signed by ivil Enforcement LTD, something which is not legally acceptable when signing a document like this.

    Just to add, when I did speak to the clerk of the courts, she told me that CEl did not have any substantial (photographic) evidence submitted other than the date and time of contravention occurring.

    Will I be able to fight my way through this?

    I would like to claim money from them as its caused me and my family some agonising grief and a lot of time wastage.

    Many thanks in advance for ALL your help.

    JayU
Page 1
    • KeithP
    • By KeithP 2nd Dec 17, 1:19 AM
    • 4,800 Posts
    • 3,166 Thanks
    KeithP
    • #2
    • 2nd Dec 17, 1:19 AM
    • #2
    • 2nd Dec 17, 1:19 AM
    I guess you didn't defend the claim against you?

    Not sure what reasons you might have for a set aside, but have a read of post #2 of the NEWBIES FAQ thread.

    Towards the bottom of that post there is a whole section on set asides.
    .
    • nosferatu1001
    • By nosferatu1001 2nd Dec 17, 2:54 AM
    • 1,186 Posts
    • 1,231 Thanks
    nosferatu1001
    • #3
    • 2nd Dec 17, 2:54 AM
    • #3
    • 2nd Dec 17, 2:54 AM
    What do you mean “you said you would dispute”?
    Did you do what it told you to do, and submitted a defence? I’m guessing not

    Your brother is wrong. About 2 years out of date on a SUPREME COURT case in fact.

    Ignoring court papers by failing to file a defence is unlikely to see a set aside. If you’re within the payment deadline of the CCJ, pay it and learn your lesson.

    Of course CEL haven’t filed evidence. They don’t do that until after you defend.
    • jayu619
    • By jayu619 2nd Dec 17, 11:24 AM
    • 112 Posts
    • 8 Thanks
    jayu619
    • #4
    • 2nd Dec 17, 11:24 AM
    • #4
    • 2nd Dec 17, 11:24 AM
    Hi -

    I submitted the claim form back once I received it, stating my defence.
    Not sure where to go from here - any suggestions?

    I will be reading the thread/post #2 now.
    Thanks
    • Guys Dad
    • By Guys Dad 2nd Dec 17, 11:47 AM
    • 10,253 Posts
    • 9,388 Thanks
    Guys Dad
    • #5
    • 2nd Dec 17, 11:47 AM
    • #5
    • 2nd Dec 17, 11:47 AM

    I have spoken to my brother who studies Law, and he advised me that CEL do not have a legal interest in the matter - its a civil liability which should be between me and Ibis. CEL are not akin to the contract so they have no standing.

    JayU
    Originally posted by jayu619
    I hope he is not expecting to pass otherwise this forum would have been wasting its time for years.


    Please tell me you don't have a relative who is studying medicine.
    • jayu619
    • By jayu619 2nd Dec 17, 12:26 PM
    • 112 Posts
    • 8 Thanks
    jayu619
    • #6
    • 2nd Dec 17, 12:26 PM
    • #6
    • 2nd Dec 17, 12:26 PM
    I hope he is not expecting to pass otherwise this forum would have been wasting its time for years.


    Please tell me you don't have a relative who is studying medicine.
    Originally posted by Guys Dad
    Haha!
    To your dismay - he got a first and fortunately, the world of civil liability is not his area of expertise.

    And as a matter of fact, he has a brother who is a Doctor in Norway.
    • Loadsofchildren123
    • By Loadsofchildren123 3rd Dec 17, 11:39 AM
    • 1,757 Posts
    • 2,873 Thanks
    Loadsofchildren123
    • #7
    • 3rd Dec 17, 11:39 AM
    • #7
    • 3rd Dec 17, 11:39 AM
    If you filed a defence it's got lost somewhere along the way.
    So you file the N244 with a statement setting out the reasons for set aside (that you did file a defence).
    Do you have any evidence that you filed it? Eg certificate of postage or email?
    You have to show that you haven't delayed in applying for the set aside, that you did file a defence and that you have an arguable defence.

    There are no short cuts. You have to educate yourself about the process and the legal arguments by reading lots of threads here. Start with Judgment/CCJ threads, there are lots of them and to find them you just use the search facility.

    TobyZ had one recently but there are many others.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
    • nosferatu1001
    • By nosferatu1001 3rd Dec 17, 1:47 PM
    • 1,186 Posts
    • 1,231 Thanks
    nosferatu1001
    • #8
    • 3rd Dec 17, 1:47 PM
    • #8
    • 3rd Dec 17, 1:47 PM
    Indeed, you need to get out of this thread, into the newbies and also then into set aside threads.
    You will need a draft order , a reason for set aside, and you need to show a good chance of defending the claim. With cel it is really helpful if the driversidentity was never admitted.
    • jayu619
    • By jayu619 3rd Dec 17, 3:52 PM
    • 112 Posts
    • 8 Thanks
    jayu619
    • #9
    • 3rd Dec 17, 3:52 PM
    • #9
    • 3rd Dec 17, 3:52 PM
    OK - thank you both.
    I will have a read - starting with the newbies thread and going from there.

    I have the email copy of me responding to the Claim form.

    I will soon draft my defence and post it on here.

    Many thanks for your help guys.
    Jay
    • nosferatu1001
    • By nosferatu1001 3rd Dec 17, 4:36 PM
    • 1,186 Posts
    • 1,231 Thanks
    nosferatu1001
    Email copy? What do you mean by this?
    You need alll three elementsi told you about. Again, this is obvious when reading other threads.
    • Loadsofchildren123
    • By Loadsofchildren123 4th Dec 17, 9:03 AM
    • 1,757 Posts
    • 2,873 Thanks
    Loadsofchildren123
    OP, what exactly did you do in response to the claim?


    You are supposed to file an AoS at court, followed by a Defence.


    You file these at court, you don't send them to the Claimant.


    What did you do?


    All is not lost if you served it on CEL because you can say as a LiP you didn't understand, and CEL were on notice that you were defending and, as seasoned litigators, should really have told you that you had made a mistake.


    If you have proof you emailed it to the court then it's open and shut.


    I suspect that a mistake was made along the way, but please clarify and then we can advise further.
    Last edited by Loadsofchildren123; 05-12-2017 at 12:27 AM.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
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