CIVIL ENFORCEMENT LTD have filed a CCJ

parkingadvice23

Ok brilliant thanks so much. Am I safe to post it now?

Coupon-mad

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

Yes, post it with the £255 cheque - but no need to email the court as well.

The WS should be separate from the Draft Order.

Quentin

Have you included the request for a hold on all enforcement of the CCJ pending the outcome of the set aside application?

parkingadvice23

yes I've added the extra 2 points re enforcement.

parkingadvice23

Hello All,

Firstly thanks again, so so much. I actually feel less frightened about this now. All thanks to you very lovely people. I have a date for my hearing. I think this is progress isn't it? Is there still a chance at this point that the claimant could could not surface? OR is this all definitely going ahead now? Assuming it does, is the following my defence?

"This is not a penalty charge notice, it's a private one based on contract law and the Claimant needs to:

A) show evidence that they have complied with the POFA or alternatively, show evidence of the driver's identity, to prove that this is the right defendant
set out the facts on which it is asserted that the claimant has a cause of action against this defendant, and
C) identify the 'relevant obligation' of the defendant to pay parking charges and the 'relevant land' on which the parking is said to have occurred
D) state whether the claim is in relation to a 'relevant contract' or in respect of an alleged trespass or other tort (as per the POFA 2012 Schedule 4)
E) disclose full particulars and a contract, in order to evidence a claim in law
F) evidence how a parking charge which the BPA Code of Practice sets a ceiling for, of not more than £100, has escalated to a brazen attempt at triple 'recovery' reaching £356.85 despite the POFA also stating that a keeper can only be pursued for the sum on the Notice to Keeper (double recovery not being allowed).

Absent the above being produced in short order, the Defendant asks the court of its own volition to strike out this claim and to order the Claimant to refund the Defendant's costs for attending (travel, parking, missed wages or loss of leave AND the £255 Court fee in bringing this set aside case, despite not being shown to be liable for any parking charge at all).

Quentin

Haven't you already submitted an outline defence along with the set aside application?


You won't be elaborating on your defence at the set aside hearing

parkingadvice23

ok, thanks. So what should I expect to happen now? Is there anything further I should do to prepare? Or is it literally a case of arriving on the day and reiterating what I have already written to them? Sorry to sound so green, this is all so new to me.

parkingadvice23

Do I take printed versions of everything I already sent in?

Coupon-mad

Yes and yes, in reply to both your questions.

KeithP

parkingadvice23 wrote: »

Is there anything further I should do to prepare?

Watching this video might also be good preparation:

www.youtube.com/watch?v=n93eoaxhzpU