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CEL Set Aside Claim
Finglish2002
Posts: 10 Forumite
Hi All,
I have been through the newbie thread and based our N244 and statements aligned to Saggi's defence arguments. However, I have also seen under the thread of CEL Defence that some of these may not work. I would be grateful if you folks could review our witness statement (below) and let us know if any edits needed, additions to be made or deletions. We are also a case where we moved 2 years ago. My wife changed her driving license and thought this also updated the car details!. We can prove license change and electoral roll data. We have no idea where the CEL alleged event took place or when etc as is the case for many.
Witness Statement:
IN THE COUNTY COURT BUSINESS CENTRE
Claim No: xxxxxx
BEWTEEN:
CIVIL ENFORCEMENT LTD (Claimant)
And
xxxxxxx (Defendant)
WITNESS STATEMENT
I am xxxxx, the defendant in this claim.
This is my supporting statement in support of my application dated Thursday 5th October to:
1. Set aside the Default Judgement dated Wednesday 19th July 2017 as it was not served at my current address:
2. Order for the Claimant to pay the defendant £255 as settlement for the set aside fee
3. Order for the original claim to be terminated
Default Judgement
1. My understanding is that the Claimant obtained a Default Judgement against myself as the Defendant on Wednesday 19th July 2017. However, I had no knowledge of any claim being pursued against me as I was never served at my current address. The judgement only came to light when I was inspecting my credit file. My belief is that the claim was served at my old address. However, I have been resident at my new address for two years and I have enclosed my Equifax credit report to support this. In addition, I attach a copy of my driving license which was changed within one month of changing address.
2. As all serving procedures were undertaken at my previous address, I have had no opportunity to challenge or defend the claim made.
3. On Monday 2nd October 2017, I contacted The County Court Business Centre to establish details of the claim. However, the information provided did not outline any details of the alleged incident. Therefore, I had no knowledge of what the judgement was regarding.
4. I endeavored to contact the Claimant regarding the matter on both Monday 2nd October 2017 and Wednesday 4th October 2017 in the hope of discussing the matter further. On both occasions, the number was voice automated offering only the service to pay outstanding tickets. Hence, I was still left with no knowledge of the alleged incident, just the summary of charges stated on the court papers.
5. I feel that the claimant acted unfairly by pursuing a claim without making sure that they had the correct contact details. Moreover, I have investigated this aspect and discovered that this is not unique to my situation.
6. Taking into consideration the above, I believe that the Claimant has not fulfilled their obligation to use the correct contact details when bringing the claim. If it had been the case, I would have had an opportunity to challenge the claim.
Order dismissing the Claim
I base my request for Claim dismissal on specific grounds:
1. My understanding is that the Claimant is a parking company, who claims for ‘Parking Charges Notices’, in the belief that the notice is the consequence of an alleged breach of contract by a motorist. However, if the Claimant is placing this procedure at the heart of this claim, I believe I have grounds for dispute. My main challenge is that I do not have knowledge of any aspect of the contract or how the contract comes into force.
2. When the claimant provides proof that the asserted incident relates to the defendants registered vehicle, then there is an obligation for the Claimant to comply with the Protection of Freedoms Act 2012 (Schedule 4) when serving any Notice to Keeper. If this is not the case, then the emphasis is placed on the claimant to prove the driver of the vehicle they claim was involved in the alleged incident. As I have never been served with any Notice to Keeper documentation, I possess no evidence of the Claimant’s necessary compliance and feel that I cannot be automatically liable for the alleged incident for just being the vehicles registered keeper.
3. Another component of the Protection of Freedom’s Act 2012 states that the Claimant must be served within 14 days of the incident. As stated, I have not had no correspondence relating to the matter. I believe that this demonstrates the Claimant’s lack of compliance with the Act’s requirements and renders the charge against me as the registered keeper redundant.
4. Furthermore, I believe the Claimant may not be the landowner of the car park. Therefore, this situation may have consequences in legal terms. If the Claimant is not the landowner, they have no right/capacity to litigate in their own name. This would mean that only the landowner can sue for damages etc.
5. My understanding is that the claim is based upon damages for the alleged incident. Through investigation, I have discovered that a primary principle of English law states that any party suffering damages through a breach of contract can only seek court action for the reinstatement of position before the alleged breach took place. Although I have had no correspondence, I do believe that I could have not caused any loss/damages as the registered keeper of my vehicle. Taking this understanding forward, I submit that the claimed charge is not enforceable for the reasons I previously stated.
6. Any contract consists of an offer, acceptance and consideration on all sides. As a defendant I have not had any consideration from the Claimant, therefore I submit that I have been denied a fundamental right.
7. Therefore, taking these points into consideration, I submit that the claimant has not undertaken a reasonable course of action and that the claim should be completely dismissed.
8. To make informed decisions and statements in my defense as keeper of the vehicle, I will require copies of all paperwork and pictures of all signs from the claimant.
I have been through the newbie thread and based our N244 and statements aligned to Saggi's defence arguments. However, I have also seen under the thread of CEL Defence that some of these may not work. I would be grateful if you folks could review our witness statement (below) and let us know if any edits needed, additions to be made or deletions. We are also a case where we moved 2 years ago. My wife changed her driving license and thought this also updated the car details!. We can prove license change and electoral roll data. We have no idea where the CEL alleged event took place or when etc as is the case for many.
Witness Statement:
IN THE COUNTY COURT BUSINESS CENTRE
Claim No: xxxxxx
BEWTEEN:
CIVIL ENFORCEMENT LTD (Claimant)
And
xxxxxxx (Defendant)
WITNESS STATEMENT
I am xxxxx, the defendant in this claim.
This is my supporting statement in support of my application dated Thursday 5th October to:
1. Set aside the Default Judgement dated Wednesday 19th July 2017 as it was not served at my current address:
2. Order for the Claimant to pay the defendant £255 as settlement for the set aside fee
3. Order for the original claim to be terminated
Default Judgement
1. My understanding is that the Claimant obtained a Default Judgement against myself as the Defendant on Wednesday 19th July 2017. However, I had no knowledge of any claim being pursued against me as I was never served at my current address. The judgement only came to light when I was inspecting my credit file. My belief is that the claim was served at my old address. However, I have been resident at my new address for two years and I have enclosed my Equifax credit report to support this. In addition, I attach a copy of my driving license which was changed within one month of changing address.
2. As all serving procedures were undertaken at my previous address, I have had no opportunity to challenge or defend the claim made.
3. On Monday 2nd October 2017, I contacted The County Court Business Centre to establish details of the claim. However, the information provided did not outline any details of the alleged incident. Therefore, I had no knowledge of what the judgement was regarding.
4. I endeavored to contact the Claimant regarding the matter on both Monday 2nd October 2017 and Wednesday 4th October 2017 in the hope of discussing the matter further. On both occasions, the number was voice automated offering only the service to pay outstanding tickets. Hence, I was still left with no knowledge of the alleged incident, just the summary of charges stated on the court papers.
5. I feel that the claimant acted unfairly by pursuing a claim without making sure that they had the correct contact details. Moreover, I have investigated this aspect and discovered that this is not unique to my situation.
6. Taking into consideration the above, I believe that the Claimant has not fulfilled their obligation to use the correct contact details when bringing the claim. If it had been the case, I would have had an opportunity to challenge the claim.
Order dismissing the Claim
I base my request for Claim dismissal on specific grounds:
1. My understanding is that the Claimant is a parking company, who claims for ‘Parking Charges Notices’, in the belief that the notice is the consequence of an alleged breach of contract by a motorist. However, if the Claimant is placing this procedure at the heart of this claim, I believe I have grounds for dispute. My main challenge is that I do not have knowledge of any aspect of the contract or how the contract comes into force.
2. When the claimant provides proof that the asserted incident relates to the defendants registered vehicle, then there is an obligation for the Claimant to comply with the Protection of Freedoms Act 2012 (Schedule 4) when serving any Notice to Keeper. If this is not the case, then the emphasis is placed on the claimant to prove the driver of the vehicle they claim was involved in the alleged incident. As I have never been served with any Notice to Keeper documentation, I possess no evidence of the Claimant’s necessary compliance and feel that I cannot be automatically liable for the alleged incident for just being the vehicles registered keeper.
3. Another component of the Protection of Freedom’s Act 2012 states that the Claimant must be served within 14 days of the incident. As stated, I have not had no correspondence relating to the matter. I believe that this demonstrates the Claimant’s lack of compliance with the Act’s requirements and renders the charge against me as the registered keeper redundant.
4. Furthermore, I believe the Claimant may not be the landowner of the car park. Therefore, this situation may have consequences in legal terms. If the Claimant is not the landowner, they have no right/capacity to litigate in their own name. This would mean that only the landowner can sue for damages etc.
5. My understanding is that the claim is based upon damages for the alleged incident. Through investigation, I have discovered that a primary principle of English law states that any party suffering damages through a breach of contract can only seek court action for the reinstatement of position before the alleged breach took place. Although I have had no correspondence, I do believe that I could have not caused any loss/damages as the registered keeper of my vehicle. Taking this understanding forward, I submit that the claimed charge is not enforceable for the reasons I previously stated.
6. Any contract consists of an offer, acceptance and consideration on all sides. As a defendant I have not had any consideration from the Claimant, therefore I submit that I have been denied a fundamental right.
7. Therefore, taking these points into consideration, I submit that the claimant has not undertaken a reasonable course of action and that the claim should be completely dismissed.
8. To make informed decisions and statements in my defense as keeper of the vehicle, I will require copies of all paperwork and pictures of all signs from the claimant.
0
Comments
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How much did they claim, was it fair or padded out with phoney DCA costs? If the claim had be contested the PPC would have been unlikely to have been awarded more than £200. Any more and you should contest it on overclaiming.You never know how far you can go until you go too far.0
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The CCJ has a registered value of £3170
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Then you have another stick with which to beat them.You never know how far you can go until you go too far.0
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Thanks. Are the other arguments laid out valid?
Thanks0 -
Hi All.
We would really appreciate it if one of the regulars could advise on our proposed witness statement. Much appreciated.0
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