CIVIL ENFORCEMENT LTD have filed a CCJ

nosferatu1001

Thats not chronological order, and isnt all the facts

Car registered at X address on Y date
Car registered at Z address on A date
PCN on Z date

etc

See how this was we can see, in one post, the order the events aactually happened in, in time. Forexample, you havent even said if the car was still registered at that address in 2017

parkingadvice23

apologies yes It was still registered at this address in 2017.

Car registered at address A in 2014
residing at address B since 2016
PCN issued to address A 2016
CCJ issued to address A 2017

parkingadvice23

have I got any hope? Or Do I just contact civil enforcement now?

Coupon-mad

parkingadvice23 wrote: »

Sincere apologies for confusion. should I start a new thread? As BW legal had been calling I thought this was connected. I have now blocked them and will email them your response.

There is 1 CCJ issued by CEL in early 2017 for a PCN issued in early 2016. I was not the driver. This is for a different car registered at that address in 2014. I was not at this address at the time as I was a carer for my father who died recently. I have bank statements and tax returns for the address I was contactable at but unfortunately the vehicle was registered at a different address. My father became ill quite quickly, his cancer treatment began 1 month before the PCN and continued until he died 2 months ago.

Why do you think you have no hope of getting this (or these, if more than one) set aside?

You were not the driver so you could not have been held liable.

And you didn't know about the CCJ, and as soon as you found out, you've gathered the details very soon after your father's death* and acted very reasonably and quickly to get this unrecoverable rogue charge set aside.

Highly unlikely you'd get turned down, as long as you do a decent Witness statement and Draft Order, and then at the hearing, go armed with evidence of more than one driver (car insurance?) and evidence of the house move, and your draft defence and the POFA Schedule 4.

What did you think when you read saggi's example of the CEL one he/she got set aside, and got the £255 court fee refunded and the claim struck out?




*my sincere condolences, very sad to read about your Dad.

parkingadvice23

thanks for your condolances "coupon mad".

I can't seem tot find the post fro Saggi? Os there something more specific I should search for? In the meantime I'll revise the papers I have and try and get some feedback if that's ok?

Coupon-mad

But it's linked in the NEWBIES thread about set asides, it's a main example there, and can be found by merely searching this forum ONLY, for the word 'saggi' and change the search default to SHOW POSTS.

I never understand how people can't find stuff on this forum that is in front of you in 0.05 seconds when searching...!

[Deleted User]

This is the rule. Ask yourself, have you met the test in CPR part 13 (Google it)? If not, try again.

Cases where the court may set aside or vary judgment entered under Part 12
13.3

(1) In any other case, the court may set aside(GL) or vary a judgment entered under Part 12 if;

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why;

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

(2) In considering whether to set aside(GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

Lots of threads on this. If you do a defence, it makes sense to append to it your intended defence as an exhibit (marked as a draft). That may add weight to the argument that it can be defended.

Your statement doesn't even say why you didn't deal with the claim or when/how you found out about it and how you acted promptly. This ain't a hearing of the case but a procedural skirmish.

Once the court is interested that you have acted promptly to set aside, you then need to show it is defensible, not necessarily a good case, but one that has a chance - more than false, fanciful or imaginary (a similar test to the defence of a strike out application under part 24).

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.

Hopefully you will have prepared a draft order to accompany the application that makes exactly this point. It's not one for a witness statement.

parkingadvice23

I've got it. Thanks so much, I really appreciate your patience everyone. Right I'm getting my case together now. I have been feeling so hopeless about if but actually feel like it's worth fighting now.

parkingadvice23

ok, here it goes, thanks so much everyone for your help so far.... Any input greatly appreciated...

IN THE XXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXXXX

BETWEEN:

XXXXXXXXX Claimant


-- and --


XXXXXXXXXXX Defendant

_____________________________________


DRAFT ORDER


IT IS ORDERED THAT:

Upon reading the Defendant's application dated XXXXXXXXXX.

It is ordered that:

1. The judgment dated XXXXXXXX be set aside.

2. The Defendant shall file and serve its Defence by 4pm following 14 days after the date on which the judgement is set aside.

3. The Claimant do pay the Defendant's costs of this application to the sum of £255.

4. The Claimant has permission to file and serve a reply if so required.

---

WITNESS STATEMENT:

IN THE XXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXXX

BETWEEN:

XXXXXXXXXX Claimant


-- and --


XXXXXXXXXXX Defendant
______________________________________

WITNESS STATEMENT


I am XXXXXXXXXX and I am the Defendant in this matter.
This my supporting Statement in support of my application dated XXXXXXX to:
!!!8226; Set aside the Default Judgement dated XXXXX as it was not properly served at my current address;
!!!8226; Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee;
!!!8226; 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 XXXXXX. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement XXXXXX when I was doing a routine check on my credit file. I understand that this Claim was served at an OLD ADDRESS (XXXXXXXXXXX However, I was at a different address (XXXXXXXXXX) from XXXXXXXX. In support of this I can provide bank statements, a contract of employment and tax returns as evidence.



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!!!8217;s claim.

1.3. On the XXXXXX I contacted XXXXXX County Court to find out details of the Default Judgement. The court papers contain no details of the alleged incident and I do not know what the Default Judgement relates to.

1.4. On XXXXXXXX I attempted to contact the Claimant using information given to me by XXXXXXX County Court. I was not able to get through to a member of the Claimant!!!8217;s staff to discuss, nor have I received a response to my numerous answer phone messages left on the Claimant!!!8217;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!!!8217;s current and correct contact details. According to publicly available information my circumstances are far from being unique. The Claimant!!!8217;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!!!8217;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 !!!8220;Parking Charge Notices!!!8221; 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 the Defendant is the Registered Keeper, and used those details to make a claim for a !!!8220;Parking Charge Notice!!!8217;!!!8217;, 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 the Defendant is 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 !!!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.

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!!!8217;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 standi 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. Claimed charge is an Unenforceable Penalty: I further submit that the Parking Charge that the Claimant claimed, given it is not based on any loss suffered due to the alleged breach, is nothing but an unenforceable penalty.
2.5.4. 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 [name of claimant].

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.
2.7. In order to make informed decisions and statements in my defence as keeper of the a vehicle, I will require copies of all paperwork and pictures of all signs from the Claimant.




Statement of Truth:
I believe that the facts stated in this Witness Statement are true.
Full name: xxxxxxxxxxxxxx

Dated: XXXXXXXXXX

Signed: ________________________________


I will send three copies of this along with an NS244 form. I also plan to send via email too.

Coupon-mad

Re the Draft Order, here's one with an added #5 and #6, designed to protect the Defendant's costs position, when the Claimant doesn't bother to continue after the set aside:

https://forums.moneysavingexpert.com/discussion/comment/74080395#Comment_74080395