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  • FIRST POST
    • TaylorPigeon
    • By TaylorPigeon 9th Jan 18, 2:14 PM
    • 2Posts
    • 0Thanks
    TaylorPigeon
    Cel ccj help!!
    • #1
    • 9th Jan 18, 2:14 PM
    Cel ccj help!! 9th Jan 18 at 2:14 PM
    Hi Guys,
    So September 2016 I left the country and lived in Australia for a year, came back September 2017 and discovered i have a CCJ i knew nothing about.
    After some digging turns out it was from CEL. Obviously being out of the country i did not recieve any of the warnings or court summons. CEL claimed the offence happened on 20/8/16. I have applied to set aside the judgement (using some of the templates from these forums).

    My court date is on the 16th Jan and i really need some help on what they are going to ask me/if my defence is strong enough.
    I did not change my address with the DVLA when i left the country as I couldnt change it to an overseas address and did not have a fixed address in Australia. Also I rented out my property and planned to move back there on my return.

    Any help is much appreciated!!!
Page 1
    • Quentin
    • By Quentin 9th Jan 18, 3:08 PM
    • 34,187 Posts
    • 18,130 Thanks
    Quentin
    • #2
    • 9th Jan 18, 3:08 PM
    • #2
    • 9th Jan 18, 3:08 PM
    We don't know what you have put down as your defence!

    Post it up for comments
    • The Deep
    • By The Deep 9th Jan 18, 3:47 PM
    • 7,678 Posts
    • 6,748 Thanks
    The Deep
    • #3
    • 9th Jan 18, 3:47 PM
    • #3
    • 9th Jan 18, 3:47 PM
    Do you still own the vehicle? If so what address is it registered to? Did not the AST require your tenant to forward any mail? Did you pay for mail redirection?

    I am asking as a judge may well decide that the paperwork was properly served.
    Last edited by The Deep; 09-01-2018 at 3:52 PM.
    You never know how far you can go until you go too far.
    • Umkomaas
    • By Umkomaas 9th Jan 18, 4:14 PM
    • 16,398 Posts
    • 25,502 Thanks
    Umkomaas
    • #4
    • 9th Jan 18, 4:14 PM
    • #4
    • 9th Jan 18, 4:14 PM
    Did you pay for mail redirection?

    I am asking as a judge may well decide that the paperwork was properly served.
    What, when he was living in Australia at the time? Does Royal Mail redirect from the UK to Oz?
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • TaylorPigeon
    • By TaylorPigeon 9th Jan 18, 5:19 PM
    • 2 Posts
    • 0 Thanks
    TaylorPigeon
    • #5
    • 9th Jan 18, 5:19 PM
    • #5
    • 9th Jan 18, 5:19 PM
    I did not have a fixed address in Australia so no where to redirect my mail too. I will check about the tenant passing on mail, however i still would not have received the mail until i returned in Sep 2017.
    Someone sold the car on my behalf in around October after i had left the country. It was still registered to my UK address until then.

    I am ….. and I am the Defendant in this matter.
    This my supporting Statement in support of my application dated 18/07/2017 to:
    • Set aside the Default Judgement dated June 2016 as it was not properly served at my current address;
    • Order for the original claim to be dismissed.

    1. Default Judgement
    1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant in June 2016. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until 21 September 2017 when I was doing a routine check on my credit file. I understand that this Claim was served at an OLD ADDRESS (). However, I left the country and moved to Australia in September 2016. In support of this I can provide evidence in the form of an Australian Visa and flight tickets.

    1.2. I have also never received any previous documentation from the Claimant in this matter and I thus was never able to properly challenge the Claimant’s claim.

    1.3. On the 21/09/2017 I contacted Northampton County Court to find out details of the Default Judgement. From which I received a reply on the 15/10/17 The court papers contain no details of the alleged incident and I do not know what the Default Judgement relates to.

    1.4. On 18/20/2017 I attempted to contact the Claimant using information given to me by Northampton County Court. I was not able to get through to a member of the Claimant’s staff to discuss, nor have I received a response to my numerous answer phone messages left on the Claimant’s legal department answer-phone. This means as the Defendant, I still do not have any details of the incident the Claimant alleges has taken place, other than the summary of charges now owed, which is shown on the Court papers.

    1.5. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s 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.

    1.6. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim.

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

    2. Order dismissing the Claim

    2.1. I further believe that the original Claim by the Claimant has no merit and should thus be dismissed. 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.

    2.2. If the Claimant has obtained details of the vehicle for which I am 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.

    2.3. If the Claimant can evidence that the alleged incident relates to a vehicle for which I am the Registered Keeper, any Notice to Keeper served by the Claimant would have needed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012. Otherwise, the Claimant is required to prove the driver of the vehicle they claim was involved in the alleged incident. I submit that the Claimant cannot provide such evidence and further submit that the Claimant does not include ‘Protection of Freedoms Act 2012’ wording on the Parking Charge Notices they issue and therefore cannot hold the Defendant automatically liable for the alleged incident merely for being the Registered Keeper of a vehicle.

    2.4. A requirement of the Protection of Freedoms Act 2012 is that this any Notice to Keeper served by the Claimant must be served within 14 days of the date of the alleged incident. Since I have not received any documentation from the Claimant prior to finding out about the Default Judgement, I submit the Claimant will not have complied with the requirements of the Act and thus cannot claim this charge against me as the Registered Keeper in any case.

    2.5. I further submit that the Claimant’s claim is without merit due to substantial issues in law. This is for the following main reasons:
    2.5.1. 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 standing 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.
    2.5.2. No Loss Suffered by Claimant: Their claim is presumably based on damages for alleged breach of contract. It is a fundamental principle of English Law that a party who suffers damages through breach of contract can only seek through court action to be put back in the same position as they would have been if the breach had not occurred. In order to do so, they must demonstrate their actual, or genuine, pre-estimate of loss. I submit that no loss has been suffered by the Claimant as a result of any alleged breaches of contract on the part of any motorist of the vehicle of which I am the Registered Keeper. I further submit that any loss to the landholder (which would be the only party able to claim such losses) would be at most a few pounds.
    2.5.3. 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.
    2.6. 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.
    • The Deep
    • By The Deep 9th Jan 18, 5:34 PM
    • 7,678 Posts
    • 6,748 Thanks
    The Deep
    • #6
    • 9th Jan 18, 5:34 PM
    • #6
    • 9th Jan 18, 5:34 PM
    I still think that you have a problem. If you did not have a permanent address, how could the PPC contact you? Was there no friend, relative, company you could have named?


    Yes RM will forward mail to an overseas address..
    Last edited by The Deep; 09-01-2018 at 5:38 PM.
    You never know how far you can go until you go too far.
    • KeithP
    • By KeithP 9th Jan 18, 7:03 PM
    • 5,206 Posts
    • 3,668 Thanks
    KeithP
    • #7
    • 9th Jan 18, 7:03 PM
    • #7
    • 9th Jan 18, 7:03 PM
    You are asking the court to 'Set aside the Default Judgement dated June 2016'.

    Yet in your opening post you tell us 'CEL claimed the offence happened on 20/8/16'.
    .
    • IamEmanresu
    • By IamEmanresu 15th Jan 18, 7:10 PM
    • 1,963 Posts
    • 3,457 Thanks
    IamEmanresu
    • #8
    • 15th Jan 18, 7:10 PM
    • #8
    • 15th Jan 18, 7:10 PM
    My court date is on the 16th Jan and i really need some help on what they are going to ask me/if my defence is strong enough.
    Good luck tomorrow
    Idiots please note: If you intend NOT to read the information on the Notice of Allocation and hand a simple win to the knuckle dragging ex-clampers, then don't waste people's time with questions on a claim you'll not defend.
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