CIVIL ENFORCEMENT LTD have filed a CCJ

Half_way

A colleague borrowed my car in 2011 and literally turned the car around in Booths car park

from that it would appear the vehicle was in the car park for less than 10 minutes, and should have a very strong case against the parking company, and possibly the landowner.
what does it say on the original letters you received as registered keeper after the event?

Quentin

Not pointless - your objective is to clean your credit record (which won't be trashed forever as you mention in your OP - after 6 years it will be expunged from your records)


If you are successful with the set aside it looks unlikely from what you say the creditor would reissue the claim (you weren't the driver, and the keeper wasn't liable in 2011)


So you should be able to get the £255 fee back from the creditor (ask for this when applying for the set aside)


(You will need to convince the court you didn't ignore the claim or the resulting default CCJ! you say their docs looked "fake", but clearly weren't, so it does look you received them!)

Quentin

Bear in mind that they can start enforcement proceedings at any time (eg bailiffs/attachment of earnings etc) which you would have to pay all associated costs.


So alerting them at this stage (before your application goes in when you can ask the court to stop any enforcement proceedings pending the outcome of the application) may prompt them to start enforcement immediately

If your set aside is successful their will be nothing to pay be legal over the ccj!

It will be up to them to decide whether to try another claim at which time they will supply all the particulars of the claim

Quentin

Read up on other successful set aside threads as well as the advice in the Newbies FAQ on this to see the way applying for a set aside progresses

Your application is based on the reasons why default ccj was wrongly issued.

And an outline of your defence to show the judge that had you known about the court claim you had a reasonable defence to put up

Coupon-mad

parkingadvice23 wrote: »

I can't thank you enough for your help so far. The vehicle which this historic PCN was attached to was logged at a different address at the time of the alleged incident. Does this have any weight?

Yes.

I am lacking proof of not receiving the MCOL papers. Does this require evidence? would working nationally (ie sometimes not at a fixed address) and being a carer be taken into consideration?

Yes and yes.

Is it even worth my while requesting for it to be set aside on the grounds that I received no notice for the intended trial?

No, be careful how you word it. Read lots of other set aside threads here first and show us.

waamo

You have certainly introduced a reasonable doubt that you ever received the court papers. It does indeed sound like they may have gone to the wrong address.

That gives you a fighting chance of getting a set aside.

Coupon-mad

The PCN was issued in 2011. The address was changed on the V5C document some time in 2014. The vehicle was sold within months. During 2016/17 BW legal started to send correspondence to the newer address and not the address the car was registered at during the time of the alleged offence. If they had of continued to send correspondence to the original address the vehicle was registered at during the time of the PCN i would have received it. Does this work?

No, because the only reason BW Legal would have used a newer address would have been if YOU gave it to them or if they traced you to it. They cannot have got it from the DVLA as parking firms are not allowed to ask twice. So you can't argue ''they should not have used my newer address and should have reverted to the old one''!

When in 2011, what month? Late? After 6 years they were statute barred from starting a claim but it's impossible to guess the date of the claim unless the Court will tell you over the phone.

Do not waste time contacting BW Legal for info.

Get a set aside lodged & the £255 fee paid to the court EARLY THIS WEEK, so it is in March, not April, so you can show that (apart from the completely understandable delay due to family reasons) you acted quickly.

Next job then is to show us your draft WS and Draft Order, exactly like in the other threads you read.

Coupon-mad

parkingadvice23 wrote: »

I never knowingly gave BW legal my address. Here is my draft WS. Should I include that I was a carer during most of last year at this stage?

Dear Sirs

I am applying for this judgement to be set aside for the following reasons:-
1) There is a valid reason for not responding to the original claim. I was the registered keeper of a vehicle, but VCS have not provided any proof to show who was driving the vehicle at the time the contravention. I therefore wish to challenge this in court.
2) I do not believe VCS has followed due process in making this claim against me and I intend to challenge this in a court hearing.
3) I did not receive the MCOL papers.

If the Claimant can evidence that the alleged incident relates to a vehicle for which the Defendant is the Registered Keeper, any Notice to Keeper served by the Claimant must comply with 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. The Claimant does not include !!!8216;Protection of Freedoms Act 2012!!!8217; 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.

I would also like to request Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee if the Order for the original claim to be dismissed.

You also need a draft order to set aside, asking for the Claimant to pay your £255 fee back should they fail to serve particulars, and/or in the event they discontinue the claim once set aside.

There's an example in a thread only last week, search this board for: 'set aside £255 order'

You do not provide a defence just yet, just the WS and draft Order. The defence is for the hearing.

nosferatu1001

No it makes no difference. Prior to that they were a member of the BPA

I would include a defence now, to show you have a reasonable chance of success, but only if you have time. You have a duty to file your set asdiede aplication within a short period of finding out about the CCJ

Yes the court is of course your local court. As the Post 2 of newbies tells you, its your local court as you are a consumer.

Your WS shoudl really make it MUCH easier to find the concrete reasons for the set asied to begranted: papers were never served on you because the claimant used an out of date address

If they didnt file until 2016 and used an address they obtained in 2014 (how? They couldnt ask for this from the DVLA in 2014, because they had to ask within 6 months of the PCN in 2011) then you can easily argue no good service. You should also state you were able to be found at your address at the time the claim was file of XYZ street because you were on the electoral register / on utility bills / had a credit card there / had a mobile phone there / etc - ANYTHING and EVERYTHING that shows you were publicly linked to the address they SHOULD have filed at

Show all that and the set aside should be automatic

beamerguy

parkingadvice23 wrote: »

thank you. Greatly appreciated. I shall revise and repost shortly for approval. The address they should have filed at was the original address the vehicle was registered at when the original PCN was served. I have no idea how they would have started sending correspondance to the address which it was changed to at a later date? Unless they have sought this information out some other way?
BW legal have stated "Their client does not rely on the protection of freedoms act 2012." And they refer to the case of Eliot Vs Loake 1982. What does this mean?

Just my little bit ......

Ellott v Loake has no bearing on you.

The courts have already told BWLegal that it's not relevant

https://forums.moneysavingexpert.com/discussion/5672664