CIVIL ENFORCEMENT LTD have filed a CCJ

nosferatu1001

Well yes
Its all you can do if the court will not assist in person.

If you STILL cannot get dates then of course you can point out that, as you HAVE NO DATES then all you can point out is thgat X people regularly drive your vehciel, and the claimant has to prove who drove...

Coupon-mad

You do not need dates to defend a CEL claim after a set aside...!

People defend these after set asides ALL THE TIME with no details at all.

Search & read CEL set aside threads and read some defences people put together.

nosferatu1001

Coupon - apparently the judge gave some directions, but these then havent appeared in the order.

parkingadvice23

Thanks All. The judge gave instructions which he said would come in the post in the revised order, (As I said should I write them down at the time.) some weeks have passed since the first hearing and still I have received nothing. I called the court last week and they said there is a back log with their admin and they hadn't sent them yet, so they read out the judges notes. All it said is that I was file a defence with the court and the claimant. I will read up on those links you've suggested now. Really appreciate all of your help everybody. Thanks so much.

parkingadvice23

ok so here is my defence so far. (Set aside already granted for any new readers.) I am still awaiting (written) particulars about this contravention. I have had basic communication with CCBC before the case was transferred to my local court. Based on this conversation I know I was not the driver. Do I need to declare any information of any of the possible drivers of my car? All of which have their own fully comp insurance? I do know that everyone I have spoken to did not receive PCN's on the windscreen while using it. I did not receive correspondence for this case as I had to move quite quickly to look after (my now deceased) father who was suffering from Cancer. I was not able to arrange a forwarding address in time.

Any feedback on the below greatly appreciated. Must be filed by Monday PM. Do I post it to CEL? They don't seem to have an email.

__________________________________________________________________________________

I The Defendant denies any liability whatsoever to the Claimant for all of the following reasons;

1 - The Claimant did not comply with POFA 2012 and give the registered keeper opportunity, at any point, to identify the driver. A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid, must be delivered no later than 14 days after the vehicle was parked. No ticket was left on the windscreen and no notice to keeper was sent within the 14 days required to comply with POFA 2012.

2 - I put the Claimant to strict proof that it issued a compliant notice under Schedule 4 of the Protection of Freedoms Act 2012. Absent such a notice served within 14 days of the parking event and with fully compliant statutory wording, this Claimant is unable to hold me liable under the strict !!!8216;keeper liability!!!8217; provisions.

3 - I require copies of all paperwork and pictures of the signs from the Claimant, in order to make informed decisions and statements in my defence as keeper of the car.

4 - I the Defendant 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.

5 - The Defendant has never owed any debt to the Operator (Civil Enforcement Ltd) to be assigned.

6 - The defendant neither confirms nor denies being the driver of the alleged parking incident. It is therefore for the claimant to provide proof that this is the case and that keeper liability has been proven in accordance with schedule 4 of the protection of freedom act 2012.

7 - As a consequence of non-compliance with the POFA, a private parking charge can only be recovered from the driver. The Claimant is put to strict proof as to the identity of the driver who parked the vehicle on the material date and is reminded that it is trite law, that no lawful presumption can be made that a keeper was the driver. This was confirmed in the POPLA 2015 Annual Report, by Henry Greenslade, a parking law expert barrister and Lead Adjudicator (both of POPLA and previously, PATAS) who confirmed that there is no lawful presumption that a keeper was the driver and without the parking firm's full compliance with Schedule 4 of the statute, the keeper cannot be held liable.

Should the Claimant discontinue the Claim the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.


STATEMENT OF TRUTH

I confirm that the contents of this Defence are true to the best of my knowledge and recollection.

nosferatu1001

You could give a list of other possible drivers, including that they have DOV cover on their insurance nd had your prior permission to drive your vehicle, without requiring exploit consent every time

Given up above you did you didn't know the dates, so how could you say you weren't the driver , yet now you knew you couldn't have been the driver a while back, it would be good to have a CONCISE explanation how.

5) huh? No assignment here. They're not the operator. They're the claimant. Dodgy copy and paste?

6) you've JUST SAID you were not the driver. In court you said it as well. So maybe a,tear this?

Have you not just found a recent CEL defence and copied it? They're much longer...

parkingadvice23

Ok thanks. Do I need to provide names of other drivers or just who they are in relation to me?
I was told case particulars by a lady over the phone when it was originally held at CCBC.This is how I knew It was not me at the time. I am trying to obtain written particulars so I can include exact details in my defence. I am wary of including anything in my defence if I don't have a text version of it to back it up. I can reference it to within a 2 week period of 2016. The address is what I don not have. However I know exactly where I was during these 2 weeks due to what was happening in my life at the time.

Should I now just phone CEL and get an exact location to build into my defence? I was just wary of alerting them but I need to file this with them by early next week anyway? The local court are just not answering the phone or responding to my emails marked "URGENT."

nosferatu1001

I said give a list. That's names.

You just give the two week period then. Easy. And give the reasons why you know yo weren't driving - in brief. And state how you know the period. It's easy!

Do you hang in until it rings out?
They're understaffed. Everyone marks their emails urgent...it's a court!

Up to you whether or not you ring cel.

parkingadvice23

Ok great thanks. Yes I have let it ring off every time. When I went today they even gave me an emergency number to try but they can't pass me on to anyone. By providing a list of names I'm not putting anyone at risk of acquiring this case am I?

Coupon-mad

I would not ring CEL, your defence will win anyway as you were not the driver and CEL do not use the POFA. You just need the Judge to understand that concept by pointing to the POFA Schedule 4 and the fact that you were not driving.

You don't have to list full names of other drivers but it's good to show there were others (maybe partial names to protect the innocent). And a copy of the car insurance policy from that time if you have it, if it lists more than one named driver. That would be helpful to show you cannot be assumed to have been 'likely' to have been driving (albeit you are going to deny it).

If you know you were not the driver, change you point that 'neither confirms nor denies' and DENY being the driver.

3 - [STRIKE]I require copies of all[/STRIKE] The Defendant has not seen so much as a Claim Form, nor any paperwork, nor even a location or date of the alleged contravention, nor any photographs [STRIKE]and pictures[/STRIKE] of the signs from the Claimant. [STRIKE], in order to[/STRIKE] As such, the Defendant has found it impossible to make informed decisions and statements [STRIKE]in my defence[/STRIKE] as keeper of the car, about the alleged contractual breach.

3.1. However, the Defendant avers that no driver of that vehicle would have flouted prominent signage and puts the Claimant to strict proof (not stock photos, contemporaneous proof) that clear and large signs, with adequate notice of the parking charge, were in place at this unknown location on the unknown material date.

3.2. The Defendant denies that there was any 'relevant contract' or 'relevant obligation' that existed and was communicated clearly to the driver, and denies liability for any sum at all under Schedule 4 of the POFA 2012. The Claimant is put to strict proof to the contrary.

4 - [STRIKE]I the[/STRIKE] The Defendant believes

Remove any mention of 'me' or 'I' and just have 'The Defendant'.

I would also add at the end, that the Defendant believes that this Claimant routinely discontinues claims, or opts not to proceed further after any set aside, and as such the Defendant asks the court to consider an order of punitive costs against this vexatious and unreasonable Claimant, due to their conduct. The Defendant has been put to significant trouble and has suffered distress as a result of this matter, and has expended significant costs in attending hearing and paying court fees to right a wrong that it is believed this Claimant will now seek to walk away from, and had no intention of attending a hearing.

Then remind the Court that your Draft Order for the set aside requested your costs including the £255 fee and losses for attending the hearings and state that you wish the Court to impose the highest sanction against the Claimant if they do not comply and if they discontinue or opt not to pay the hearing fee within the required time.