CCJ gone to old address from parking fine has resulted in rejected mortgage

Running

The notice of the hearing application doesn!!!8217;t state anything about delivering documents. Just date and time and hearing.

I saw on some postings off the Newbie thread about sending docs. We have received no correspondence from CEL whatsoever.

KeithP

Running wrote: »

The notice of the hearing application doesn't state anything about delivering documents. Just date and time and hearing.

Most unusual.

Have you checked both sides?

Running

Yes nothing on the back.

Coupon-mad

That's because this is (presumably) a set aside hearing, not the hearing about the claim.

Running

Yes correct coupon mad, set aside hearing. We have had no correspondence from CEL, only the court but might look more favourable to judge if we have sent documents to them. We sent 3 x copies to court.
I hope we get it set aside, it has been a terribly stressful few months.

We are working on our skeleton argument today to take with us

Running

Just a quick update following our court hearing.

The good news is that we got the 2 CCJs set aside. Thanks to all the wonderful help on this forum and on the newbies thread.

We were prepared with skeleton defence and chronology but no opportunity to go through as Judge just asked some questions…CEL did not show up.

We weren’t sure which way it was going to go. Firstly the judge said our WS states that all correspondence went to wrong address, she feels this is not a good enough defence - so basically wash your hands with that, as we forgot to update log book. It was an error on our part due to stress we were dealing with at the time.

But she acknowledged that if we have evidence that we shouldn’t have got the original PCN then to focus on this and this was the reason she set aside. The car park is free for one hour for the general public, however Gym members are entitled to two hours free parking when signing your registration into an iPad. Civil enforcement limited have raised the claim stating we stayed for 1 hour 36 minutes, so well within the two hours we are entitled to, we have evidence of me logging in and out of the gym from the gym database at these times.
So unclear exactly what has happened but there is evidence we went to the gym but the registration system clearly hasn’t worked.

The second CCJ is for outstanding debt and damages - no idea about this as we have received no correspondence.

Judge has set aside both CCJs and given us 14 days to submit a defence, she strongly urged us to be clear on defence and encouraged us to get see a solicitor. Not sure what to do with that advice.

Can I ask your helpful advice on what happens now - we resubmit the defence in 14 days, then we have to go to another hearing, is that right? If we win, I guess that is the end. But if we lose, then what? Another 2 CCJs are issued and we have 28days to pay them to remove - would that be correct?

What is the likelihood of CEL turning up to this hearing in peoples experience?

Quentin

Read up on CEL's likelihood of pursuing this in the other cel threads here


(To answer your questions you must comply with the order and submit your defences in time. If they were to win then yes, you have a month to pay to be able to get the new ones removed from the Register)


Read up on the experiences of others dealing with CEL at court before deciding to follow the Judge's advice to you to see a solicitor!

KeithP

Running, what happened to costs at the set aside hearing?

You are I presume £510 down at the moment?

Running

Will have a read of other threads, I have printed a number of the threads off so will go back through. I think from what I remember sometimes they don’t pursue when you submit a defence. Or maybe I am just hoping for that to avoid another hearing!!!!

Thanks for answering questions...that makes me feel better. It is clear then we must resubmit and then just see what happens - worse case scenario we pay to remove if we loose but hopefully won’t come to that.

Keith you are correct we are £510 down. Plus an additional £350 for a further ccj we paid off, which was within 28 days as we just wanted to secure our mortgage.

Further good news is the our MPs are on the case, they provided letter for court. They have referred to a Parlimemtary MP and he is visiting us at home this week. We want to do anything we can to fight this and stop others having to go through it.

Coupon-mad

I think from what I remember sometimes they don't pursue when you submit a defence.

True, they are likely to discontinue and not pay the hearing fee, IMHO.

Did your Judge say she 'reserved' the matter of costs?

Hope so, that means they are presently 'frozen' and then if(when) CEL discontinue, you could send a letter asking for those costs to be refunded by the Claimant who has completely wasted your time and that of the court with an ill-founded and meritless case with no evidence and no cause of action, against a person who is not even liable in law (registered keeper - because CEL do not use or rely on the POFA and can only go after admitted drivers).

You could/should ask for punitive (increased, as a deterrent) costs on the indemnity basis and include a summary of the vexatious and wholly unreasonable charge and claim and every aspect of the Claimant's conduct.

I doubt they even filed proper particulars of claim with the court at the time.

If nothing was said, see what others say but I would send with your defence, a costs schedule and a draft Order, the latter setting out what you would like the Judge to Order in the matter of your £510 and your attendance costs (loss of leave for hearings, travel, parking) in the event of the Claimant now not continuing.

You do not need a solicitor. Well done on achieving this stage already!

Your MP complaints are an inspiration too!