Forgot to inform dvla

Wiljuk

CCJ on credit file from a year old parking ticket, didn't receive any letters as sent to old address.
Did not update details with dvla in time. ANPR used, was over a 3 hour stay by 12 mins. Could this be appealed?

Coupon-mad

No 'appeal' now but that doesn't mean there are no options.

Read any 'set aside' thread. Search for CCJ set aside draft order as your keywords.

And read post #2 of NEWBIES PLEASE READ THESE FAQS FIRST because the section about court claims includes info & links about set aside stage.

Wiljuk

Will it count against me if I received a text from a solicitor firm with my car reg and asking to get in touch. I did eventually ring but they asked for my details and I refused to give it to them as I thought it was a scam and they said they'd remove me from their files. I've read through many of the threads and the Newbie thread but I think I'm resigned to pay the £351 fine and have the CCJ on my record for 6 years.

waamo

A text is not a letter before claim and you are under no obligation to respond.

As above read the thread that tells Newbies to read it first. It answers all these questions.

[Deleted User]

Will it count against me if I received a text from a solicitor firm with my car reg and asking to get in touch

No because you're unlikely to mention it again and that's not a valid method of service/contact

I think I'm resigned to pay the £351 fine and have the CCJ on my record for 6 years.

It's your money, but now the CCJ is there, why not refuse to pay £351 and spend £255 trying to have it set aside. No guaranteed wins, but the process really ain't that scary

Umkomaas

Which parking company is involved here please?

Coupon-mad

I think I'm resigned to pay the £351 fine and have the CCJ on my record for 6 years.

That would be pretty daft, when a set aside is £255 and wipes it off completely.

And we walk people through how to achieve that easily, often with no hearing, sometimes with a quick hearing that the PPC doesn't attend.

And some people then get their £255 refunded as well, by the PPC.

Wiljuk

Ok, so my spiral yesterday has turned to seeking justice.
I've got the N244 and I've gone through the newbies section. Lots of good advice but it's almost can't see the wood for the trees.
There are some example templates that are on here with people who have dealt with the CEL but I have no letters to show the evidence that the CEL have i.e. Photos, so not sure whether to mention as others have. Do I ask the CEL to send there evidence to me so I can check? I am going to the leisure centre tomorrow to assess the signage.

Do I put the letter in the extras bit of the form as I am filling it out on computer or should I attach separately. I assume as I am representing myself I leave the solicitor section blank?

I have had the CCJ on my account since the 22March 2018 so can it still be set aside.
I'm know I've read this somewhere. Sorry if this angers all you clever lot. I will still trawl through the newbies section and when I've got some stuff together I shall post.

The crusade begins!

Coupon-mad

Yes it can still be set aside but act this month so it doesn't knock into June for your actual first filing of the N244, the 'draft order' and your witness statement.

Pretty sure Iamemanresu has posted before how to fill out the N244 questions.

Glad to hear you are fighting this now! :T

Wiljuk

yes, starting to wrap my head round it.

read up on Saggis post about her dealing with the CEL. Should take the route of registrered keeper not the driver.I have been to Maidstone leisure today and although there are signs everywhere in carpark the writing is very small and difficult to read.
I took photos would it be possible to post on here? also going to write to my MP but again not sure which story to tell. I keep thinking its my own damn fault for not updating the dvla in time. this is why Saggis route seems desirable.

thanks again for time and input.:)




thanks again.

Wiljuk

Do I put as much as this down in box 3 on N244 asking:
!!!8216;what order are you asking the court to make and why? then put a longer more legal sounding document as my defence in box 10 asking for witness statements and statement of case.
Two examples im not sure which defence to take:
a) Im the keeper not the driver and correspondence sent to my old address


a) 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 have never received any correspondence from Civil Enforcement Ltd as they did not serve my current address.
2) I do not believe Civil Enforcement Ltd has followed due process in making this claim against me and I intend to challenge this in a court hearing.
3) I do not believe Civil Enforcement Ltd have, or have provided, any evidence to prove who is liable for the contravention they claim has taken place. I am the registered keeper of a vehicle, but Civil Enforcement Ltd have not provided any proof to show who was driving the vehicle I am the registered keeper for, at the time the contravention is alleged to have taken place, and I intend to challenge this in court.
4) I do not believe adequate signage was in place to notify the customer to the fines imposed if they breach the contract.
Or do I say
b) 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 as I have never received any correspondence from Civil Enforcement LTD as they served my old address.
3) I do not believe the lettering of the signage was big enough for me to fully understand the ramifications of the breach of contract

also last note shall i start a new thread if im going to start posting my defence?