Mystery CCJ - Civil Enforcement Ltd

Umkomaas

You will also need to provide the reason(s) for not responding to court papers at the time of issue. The above (on its own) would not likely be a good enough reason for not doing so.

You need to make your main point that the papers were delivered to a former address and you were blissfully unaware of their existence.

Did you not have a mail forwarding service set up on moving address?

jamiegray47

Update for those still interested.

had the Set aside hearing yesterday and successfully set aside provided i submit a defence to the courts within 21 days.

next question if anyone has any advice on this process id be extremely grateful and thanks for your help this far.

Regards

Coupon-mad

Just search the forum for CEL defence and copy/adapt & edit one, and show us.

nosferatu1001

Indeed, its not difficult

EXACTLY what was the ORDER the court has given? I really really REALLY hope
- costs are reserved
- unless they discontinue in which case your costs assessed at £255 are payable by the C.

jamiegray47

Thanks for the help I'll be looking into defenses and will post ASAP.

What do you mean by the order? Sorry it was all over in about 3 minutes and I got a load of paperwork. What the judge said was that I have 21 days to produce a defence to both the court and CEL as only the judgement is rolled back and not the case.

CEL had sent in a letter saying that costs should not be permitted as it was basically my fault. I presumed that if I had have fought this I may have had to prove I did not receive the letters which obviously will be difficult to do.

As always any advice is greatly appreciated

nosferatu1001

The judge will haver ORDERED the judgement to be set aside, I persume.
So what did the judge say? Did they talk abotu costs at all?

Quentin

The order is the wording used to convey the decision you were given at your hearing.


(Confirmation may not have arrived yet!)

jamiegray47

No talk of costs went on other than the letter from CEL saying that they would advise against costs.

sorry the paperwork isnt with me so im working from the old grey matter at the moment.

i did receive all the paperwork but dont recall seeing confirmation of an order or what have you. again ill go through the paperwork later and update with what i have.

jamiegray47

I've looked through the paperwork and I have which is as follows;

-Case details from County Court business center to the local county court.
-My letter from previous employer stating I was entitled to park on the car park.
-the particulars of claim form CEL to the court.

No Order confirmation yet.

Hope this helps.

jamiegray47

Please see a very draft defence at this stage.

I *** the defendant in this matter and registered keeper of vehicle *** during the dates in question. I currently reside at ***


The Claim Form issued on the *** by Civil Enforcement Limited was not correctly filed under The Practice Direction as it was not signed by a legal person but signed by "The Legal Team".


1. I deny I am liable for the entirety of the claim for each and every one of the following reasons:

2. I also ask that cost thus far are reimbursed to the amount of £567 for the following reasons:

1.1 In the Summary of Proof CEL has stated that is manages the car park *** and that they are liable to charge for non compliant parking. Please see the Attached Statement From my previous employer Link 2 Recruit who at the time in question rented the land from BarclayGrant Property Services.
1.2 As noted in the Statement from Link 2 Recruit I was entitled to park in the car park at *** between the dates *** and *** inclusive of the date in question
1.3 I do not deny that I did park at *** on the date in question, as I have stated above if any correspondence had been sent I would have had ample evidence to correct the issue and prove give proof of my parking being compliant, however no good effort was made to make contact with myself.
1.4 The summary of proof states that the DVSA submitted my good address when I was living at *** and if any correspondence had have arrived including and not restricted to Notice of PCN, PCN or *** I would have actioned a defence sooner.
2.1 £255 (Set aside Fee) I would like to recover costs to the amount of £255 for the set aside cost
Due to the fact that if good effort was made to contact myself and submit correspondence no judgement would have been made and I would not have had to Cover the cost of a Set a side hearing.
2.2 £210 (Loss of earnings) I would like to recover costs to the value of £105 per day for 18th June 2018 when attending the Set aside hearing and the Date of any upcoming Court dates.
2.3 £50 (legal Costs) I would like to recover the costs of £50 for legal costs and advice obtained during the entire judgement process. Due to the fact that if good effort was made to contact myself and submit correspondence no judgement would have been made and I would not have had to Cover the cost of legal costs.
2.4 £10 (first Class Recorded Delivery x2) I would like to recover the costs of 2 recorded first class deliveries for delivering my defence statement to Dudley County Court and CEL Due to the fact that if good effort was made to contact myself and submit correspondence no judgement would have been made and I would not have had to Cover the cost of a First class recorded deliveries.
2.5 £42 (interest) I would like to recover the cost of £42 as interest in accordants with S68 of the CCJ act 1984 at 8% APR from the dates Sept 2017 to Present. Due to the fact little or no effort was made to resolve the issue in good time. Please not on the time line the date I had correspondence with CEL and updated my personal address and details and no contact has been made since this date.