Civil Enforcement Ltd CCJ's

Coupon-mad

Looks good to go - I feel for you and I hope the Judge sees this trash for what it is and awards your costs.

I would remove #4 (not relevant and don't give the claimant ideas):


[STRIKE]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. [/STRIKE]


5. Furthermore, given the time delay of approximately [STRIKE]three[/STRIKE] five 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.

stevecot1983

Thanks coupon-mad I will make them changes. I'm so glad I posted on here I was going to pay up to have them show as satisfied but would have lost out on a job and a potential mortgage.

Redx

stevecot1983 wrote: »

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.

agreed , I could have been driving the car on the day in question using my insurance policy

or a mechanic could have been driving the vehicle on the day in question, on a garage or trade policy (service , MOT , repairs etc)

they can only pursue the actual driver if they know who that actual driver is and can prove it in court , with evidence

most people wont have a clue who was driving, certainly not the PPC , so no POFA2012 at the time so no KEEPER liability (as long as the actual driver was never disclosed)

let us hope you get the CCJ,s overturned , they lose in court and it costs them hundreds if not thousands of pounds in legal fees etc

stevecot1983

Again thanks for all the help, I have sent the forms off today recorded delivery I sent two copies of everything and included any evidence to support my set aside and defense.

I will keep you all posted on the status.

stevecot1983

So yesterday I posted the my N244 forms of to the courts, today I called the Money Claims Centre to see about paying the set aside fee and they said did I include a covering letter in my pack, I said no there's nothing on the guidance notes about having to include a covering letter to pay on a card. So basically I now have to reprint everything and resend the lot with a covering letter.

So if anyone else wants to pay by card just be aware you must include a covering letter and include a contact telephone number.

[STRIKE]I need to check with the Business Claims Centre that this is the same story with them.[/STRIKE]

CCBC accept card payments over the phone as long as you have the original claim number, they also accept the N244 forms by email, but its worth checking with the operator before sending them by email.

stevecot1983

Hi All

Just thought I would give a quick update, I have a date for one of these claims but won't be heard until September 2017, the other has just been transferred to my local CC so hopefully will receive a hearing date for that in the next couple of days.

I also have finally received the original claim form for the second claim, it can be viewed here:
https://1drv.ms/f/s!ApOTXrEJgLIAhu9fe-2zbSGArdIK4w

The breach was in a Coop car park so this looks like a revenge claim for Coop cancelling the contract.
It was on the 4 October 2012, this was after I had moved out of the property the CCJ was issued at but I know I sent my log book of for updating as soon as I moved into my current property (my licence went at the same time and that was re-issued on the 19 October 2012). As I no longer have the vehicle I and never kept a copy of the log book I cannot say for sure when the log book was issued to the new address.

I have managed to get the street view images of said car park that were taken in May 2012 and have added them to a Word document, on one of the car park entrances there is no signage at all.

Given that I now know the date that the allegd breach took place is after the POFA came into force, this means the defence I submitted to the court as part of my set aside application is now not valid. CEL have not attached a copy of any correspondance to the claim form so I cannot forsure say whether they complied with the POFA when they issued the paper work to my previous property. Any advice on this point would be much appreciated.

stevecot1983

Any ideas or help anyone? Thanks

Coupon-mad

Given that I now know the date that the allegd breach took place is after the POFA came into force, this means the defence I submitted to the court as part of my set aside application is now not valid.

Yes it is. In fact schedule 4 of the POFA was not really fully (for practical purposes) in force until the BPA were able to prove that they had an appeals system in place, and I am sure that was weeks later when POPLA started (November 2012, I think?).

And, CEL never used POFA wording, so their NTK was always a non-POFA one with no keeper liability possible. Same as any pre-POFA case.

stevecot1983

Thanks coupon mad. So I shall continue with the defence that this is a pre pofa case. One other thing, not sure if anyone on here can answer this but 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.

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.