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Civil enforcement-CCJ

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
7 replies 227 views
Kirs87Kirs87 Forumite
3 Posts
edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
Hello,

While I was abroad someone else drove my car and got a ticket for parking in a car park without paying. The parking was paid for and they appealed attaching receipts as proof. Reading the newbie post I realise they made a mistake using my name to appeal the ticket.
CEL apparently rejected the appeal because we didn't receive any correspondence. This has now escalated to a CCJ. I only found out because a letter came through with a pin number for a card I hadn't applied for. So i decided to check my credit file to find some used my details to apply for a credit card and this CCJ for £364.
We have a communal area where the letterbox are so I'm suspecting someone has been going through my mail.

My reasons for the set aside are: I am the registered keeper but i Was not the driver. I can prove I wasn't the driver with my flight details.
Having read the newbie post I realise that there should have been court letters sent but i wonder if those were Taken too. There have been instances where I have had to chase up letters bit was told that they were sent already. But didn't think much of it until now.
Oh and I also emailed CEL to ask why the appeal was rejected and they attached a letter with a reply which they claim they sent last year. It said that the ticket was valid because it was not paid for within 10 minutes as stated on the signage.

Sorry for my long winded story but this CCJ has had a massive impact on my life. I'm literally at a standstill.

Thank you in advance.

Replies

  • QuentinQuentin Forumite
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    First read up on this in the newbies faq thread to understand the game you are caught up in


    (eg POFA means the keeper can be liable)


    #2 in the faq covers set aside, and how to apply


    How long have you known about the CCJ?
  • KeithPKeithP Forumite
    25.8K Posts
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    Kirs87 wrote: »
    Sorry for my long winded story but this CCJ has had a massive impact on my life. I'm literally at a standstill.

    Please forgive me for saying this, but that is a massive over-reaction.

    You told us you only found out about this CCJ when you discovered someone else had applied for a card in your name.

    If you hadn't received that pin notification, you would not have found out about the CCJ.

    Yes of course a CCJ can have 'a massive impact on your life' - if you are seeking credit. You haven't told us that you are.

    Life is at a standstill - unbelievable. Get a grip.
  • Kirs87Kirs87 Forumite
    3 Posts
    I found out about 2 weeks ago.
  • Kirs87Kirs87 Forumite
    3 Posts
    It's actually bot an exaggeration. I'm supposed to move out next month and with a CCJ it makes it hard to find a landlord who will accept that. 2 have already refused. I had plans to purxhase mg first home by the end of next year which might not be possible now..I have a small business, my van Has is out of business. I dont have the money spare to spend such a huge amount on a new one and brand it as well.
    In my eyes it does feel like I am stuck...
  • RedxRedx Forumite
    34.4K Posts
    10,000 Posts Seventh Anniversary Name Dropper Photogenic
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    so now you are aware you need to do the set aside for £255 by filling in the form and paying the £255 fee as well

    reasons for a set aside are that you never received the forms etc

    if this is granted then you have to file a defence, and POFA2012 may apply if CEL followed it, but not if they failed to follow it

    so not being the driver or being on a plane or 2000 miles away wont help you if you are deemed to be liable as keeper under POFA2012

    read the template CEL defences to see what a defence consists of

    bear in mind that often CEL fail POFA2012, so not being the driver may win as a defence point , but include other defence points as well

    at the moment your topic is about a CCJ in the small claims court, not about parking, so you have a legal issue, not a parking issue per se

    you need to get a set aside, then defend the original claim, also trying to get all your costs back and claim about £90 costs as well (plus the £255 set aside fee) - a judge will decide the set aside and a "different" judge will hear the court case, if it gets as far as your local county court

    the NEWBIES FAQ sticky thread tells you all about set asides, you arent the first

    what you are experiencing is known as "credit clamping" and the government are well aware of this issue so complain to your local MP too
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • QuentinQuentin Forumite
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    Kirs87 wrote: »
    I found out about 2 weeks ago.

    You need to act very quickly then.

    The court does require you to act promptly after discovering you have a ccj you want to have set aside.

    2 weeks is all you get to respond to a claim and similarly you should get a set aside application in using a similar time frame.

    Time really is important - get your application in tomorrow if you can
  • SystemSystem Forumite
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    because we didn't receive any correspondence

    The first question a judge will ask at the set aside hearing is why you think you did not receive the paperwork.

    Where did CEL claim to send it and why. Did it go to your normal address or somewhere where you had no access?
This discussion has been closed.