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Civil Enforcement CCJ set aside - update - hearing next week
Gypsygold
Posts: 22 Forumite
Hi
I am a complete newbie on here but have read until my eyes feel like they are bleeding in the hopes of not wasting anyone's time. I am keen to submit form N244 as soon as possible so have used some wording based on several other very similar cases and would appreciate confirmation that this may be sufficient to get my case set aside.
My situation:
I found out a few weeks ago that I had a CCJ against me for a supposed parking infringement. The case was brought by Civil Enforcement. Upon discovering that I had the CCJ I contacted the court and received the following information:
Claimant: CIVIL ENFORCEMENT LIMITED
Claimant solicitor: CIVIL ENFORCEMENT LIMITED
Telephone: 0870 919 5577
Reference: PCN:********
Judgment amount:£ 356.31
Particulars of claim: CLAIM FOR MONIES RELATING TO A PARKING CHARGEFOR PARKING IN A PRIVATE CAR PARK MANAGED BY THE CLAIMANT IN BREACH OF THE TERMS + CONDITIONS (T+CS). DRIVERS ARE ALLOWED TO PARK IN ACCORDANCE WITH T+CS OF USE. ANPR CAMERAS AND/OR MANUAL PATROLS ARE USED TO MONITOR VEHICLES ENTERING + EXITING THE SITE.DEBT + DAMAGES CLAIMED THE SUM OF 236.00 VIOLATION DATE: **/04/2017 TIME IN: 20:36 TIME OUT: 22:34 PCN REF: REF********** CAR REGISTRATION NO.: ******* CAR PARK:- KFC TOWERFIELDS TOTAL DUE- 236.00 ***CE-SERVICE.CO.UK OR TEL:01158225020)THE CLAIMANT CLAIMS THE SUM OF 257.36 FOR MONIES RELATING TO A PARKING CHARGE PER ABOVEINCLUDING 21.36 INTEREST PURSUANT TO S.69 OF THE COUNTY COURTS ACT 1984 RATE 8.00% PA FROM DATES ABOVE TO- 15/06/18 SAME RATE TO JUDGMENT OR (SOONER) PAYMENT DAILY RATE TO JUDGMENT- 0.05 TOTAL DEBT AND INTEREST DUE- 257.36
I have never received any paperwork for this claim even though I updated my contact details as soon as I could. I moved house shortly before the supposed infringement but was temporarily of no fixed address and therefore couldn't update my details with the DVLA immediately. Once I had a permanent address I updated the DVLA within approx 3 weeks.
Firstly, should I contact CEL in order to get full details and evidence of the supposed infringement or should I leave this to the courts - I am not keen on giving an address to CEL at this stage.
Secondly, should I be trying to get any other information as evidence before I send in form N244 or do i do this once i have a courrt date?
Thirdly, is the following ok to send in with form N244? And help would be greatly appreciated.
DRAFT ORDER
IN THE COUNTY COURT AT: xxxxxx
CIVIL ENFORCEMENT LIMITED (Claimant)
And
MISS ********************* (Defendant)
CLAIM No:**********
IT IS ORDERED that:
1. The default judgement dated XX/XX/2018 be set aside.
2. Costs to be reserved.
3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/18 paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.
4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on XX/XX/2018.
5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.
6. All enforcement be put on hold pending the outcome of the application.
WITNESS STATEMENT
7. I am XXXX and I am the defendant in this matter. This is my supporting statement to my application dated XX November 2018 requesting to:
a. Set aside the default judgment dated XX July 2018 as it was defectively served using an old address.
b. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.
c. Order for the original claim to be dismissed.
DEFAULT JUDGMENT
8. I understand that the claimant obtained a default judgment against me on XX July 2018. However, it was not served at my current address, therefore I was not aware of the county court judgment until a few weeks ago when I applied to rent a house and my application was declined. I understand that this claim was served at XXXX. However, I moved to a new address on XX April 2017 which can be proved by the presence of my name on the electoral register. Further evidence can be provided by the landlord if required.
9. I have never received any correspondence from the claimant, therefore I was never able to challenge the original charge nor the judgement.
10. I have never received any correspondence and at no point have I had any contact with the claimant.
11. I believe the claimant has behaved unreasonably by not ensuring they used my correct contact details. According to CPR 6.9(3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’). I do not believe proceedings were validly served because 1.5 years on it cannot be assumed that this was my last known address.
According to publicly available information my circumstances are far from being unique. Civil Enforcement LTD’s persistent failure to use correct and current addresses results in an unnecessary burden for individuals and the justice system.
12. I suggest the claimant did not make reasonable enquiries as to my current address before perusing the court order especially considering they had good reason to believe they did not hold my current contact details. Furthermore, considering they received no response from me to their correspondence this should have been a clear indication of the obsolescence of the address XXXX.
13. Considering the above I was unable to defend this claim. Therefore, I believe that the default judgment against me was irregular and I respectfully request it is set aside.
ORDER DISMISSING THE CLAIM
14. I further believe that the original parking charge notice has no merit and should thus be dismissed. The claimant is a parking company which seeks to claim for parking charge notices which the claimant believes are due as a result of an alleged breach of contract for parking by a driver.
15. The claimant has obtained details of the vehicle for which the defendant was the registered keeper and used those details to raise a parking charge notice. I dispute this charge in its entirety as I do not know the wording of the contract nor do I know the means by which the contract was alleged to have come into force.
16. If the claimant can evidence that the alleged incident relates to the vehicle XXXX XXX any notice to keeper issued by the claimant must comply with Schedule 4 of the Protection of Freedoms Act 2012. Otherwise, the claimant is required to prove the driver of the vehicle they claim was involved in the alleged incident. I submit that the claimant cannot provide such evidence and further submit that the claimant does not include Protection of Freedoms Act 2012 ; wording on the parking charge notices they issue and therefore cannot hold the registered keeper of the vehicle automatically liable.
17. A requirement of the Protection of Freedoms Act 2012 is that any notice to keeper must be served within 14 days of the date of the alleged incident. Since I have not received any documentation I submit the claimant has not complied with the requirements of the Act and thus cannot claim this charge against me as the registered keeper in any case.
18. I further submit that the parking charge notice is without merit due to substantial issues in law. This is for the following reasons:
a. Lack of Standing by Claimant: The claimant is not the landowner of the car park in question and will have no proprietary interest in it. This means that the claimant, as a matter of law, will have no locus standi to litigate in their own name. Any consideration will have been provided by the landholder and only they would have been able claim for any damages or trespass.
b. No Loss Suffered by Claimant: Their claim is presumably based on damages for alleged breach of contract. It is a fundamental principle of English Law that a party who suffers damages through breach of contract can only seek through court action to be put back in the same position as they would have been if the breach had not occurred. In order to do so they must demonstrate their actual or genuine pre-estimate of loss. I submit that no loss has been suffered by the claimant as a result of any alleged breaches of contract on the part of any driver of the vehicle of which I was the registered keeper. I further submit that any loss to the landowner (which would be the only party able to claim such losses) would be minimal.
c. The Charge is an Unenforceable Penalty: I further submit that the parking charge is nothing but an unenforceable penalty as it is not based on any loss suffered due to the alleged infraction.
d. No Contract with the Claimant: Any contract must have offer, acceptance, and consideration both ways. There would not have been consideration from the claimant to the driver. Therefore, there is no consideration from the driver to Civil Enforcement Ltd.
19. On this basis I believe that the claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.
20. In order to make informed decisions and statements in my defence as former keeper of the vehicle I will require copies of all paperwork and pictures of all signs from the claimant.
Statement of Truth:
I believe that the facts stated in this Witness Statement are true.
I am a complete newbie on here but have read until my eyes feel like they are bleeding in the hopes of not wasting anyone's time. I am keen to submit form N244 as soon as possible so have used some wording based on several other very similar cases and would appreciate confirmation that this may be sufficient to get my case set aside.
My situation:
I found out a few weeks ago that I had a CCJ against me for a supposed parking infringement. The case was brought by Civil Enforcement. Upon discovering that I had the CCJ I contacted the court and received the following information:
Claimant: CIVIL ENFORCEMENT LIMITED
Claimant solicitor: CIVIL ENFORCEMENT LIMITED
Telephone: 0870 919 5577
Reference: PCN:********
Judgment amount:£ 356.31
Particulars of claim: CLAIM FOR MONIES RELATING TO A PARKING CHARGEFOR PARKING IN A PRIVATE CAR PARK MANAGED BY THE CLAIMANT IN BREACH OF THE TERMS + CONDITIONS (T+CS). DRIVERS ARE ALLOWED TO PARK IN ACCORDANCE WITH T+CS OF USE. ANPR CAMERAS AND/OR MANUAL PATROLS ARE USED TO MONITOR VEHICLES ENTERING + EXITING THE SITE.DEBT + DAMAGES CLAIMED THE SUM OF 236.00 VIOLATION DATE: **/04/2017 TIME IN: 20:36 TIME OUT: 22:34 PCN REF: REF********** CAR REGISTRATION NO.: ******* CAR PARK:- KFC TOWERFIELDS TOTAL DUE- 236.00 ***CE-SERVICE.CO.UK OR TEL:01158225020)THE CLAIMANT CLAIMS THE SUM OF 257.36 FOR MONIES RELATING TO A PARKING CHARGE PER ABOVEINCLUDING 21.36 INTEREST PURSUANT TO S.69 OF THE COUNTY COURTS ACT 1984 RATE 8.00% PA FROM DATES ABOVE TO- 15/06/18 SAME RATE TO JUDGMENT OR (SOONER) PAYMENT DAILY RATE TO JUDGMENT- 0.05 TOTAL DEBT AND INTEREST DUE- 257.36
I have never received any paperwork for this claim even though I updated my contact details as soon as I could. I moved house shortly before the supposed infringement but was temporarily of no fixed address and therefore couldn't update my details with the DVLA immediately. Once I had a permanent address I updated the DVLA within approx 3 weeks.
Firstly, should I contact CEL in order to get full details and evidence of the supposed infringement or should I leave this to the courts - I am not keen on giving an address to CEL at this stage.
Secondly, should I be trying to get any other information as evidence before I send in form N244 or do i do this once i have a courrt date?
Thirdly, is the following ok to send in with form N244? And help would be greatly appreciated.
DRAFT ORDER
IN THE COUNTY COURT AT: xxxxxx
CIVIL ENFORCEMENT LIMITED (Claimant)
And
MISS ********************* (Defendant)
CLAIM No:**********
IT IS ORDERED that:
1. The default judgement dated XX/XX/2018 be set aside.
2. Costs to be reserved.
3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/18 paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.
4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on XX/XX/2018.
5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.
6. All enforcement be put on hold pending the outcome of the application.
WITNESS STATEMENT
7. I am XXXX and I am the defendant in this matter. This is my supporting statement to my application dated XX November 2018 requesting to:
a. Set aside the default judgment dated XX July 2018 as it was defectively served using an old address.
b. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.
c. Order for the original claim to be dismissed.
DEFAULT JUDGMENT
8. I understand that the claimant obtained a default judgment against me on XX July 2018. However, it was not served at my current address, therefore I was not aware of the county court judgment until a few weeks ago when I applied to rent a house and my application was declined. I understand that this claim was served at XXXX. However, I moved to a new address on XX April 2017 which can be proved by the presence of my name on the electoral register. Further evidence can be provided by the landlord if required.
9. I have never received any correspondence from the claimant, therefore I was never able to challenge the original charge nor the judgement.
10. I have never received any correspondence and at no point have I had any contact with the claimant.
11. I believe the claimant has behaved unreasonably by not ensuring they used my correct contact details. According to CPR 6.9(3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’). I do not believe proceedings were validly served because 1.5 years on it cannot be assumed that this was my last known address.
According to publicly available information my circumstances are far from being unique. Civil Enforcement LTD’s persistent failure to use correct and current addresses results in an unnecessary burden for individuals and the justice system.
12. I suggest the claimant did not make reasonable enquiries as to my current address before perusing the court order especially considering they had good reason to believe they did not hold my current contact details. Furthermore, considering they received no response from me to their correspondence this should have been a clear indication of the obsolescence of the address XXXX.
13. Considering the above I was unable to defend this claim. Therefore, I believe that the default judgment against me was irregular and I respectfully request it is set aside.
ORDER DISMISSING THE CLAIM
14. I further believe that the original parking charge notice has no merit and should thus be dismissed. The claimant is a parking company which seeks to claim for parking charge notices which the claimant believes are due as a result of an alleged breach of contract for parking by a driver.
15. The claimant has obtained details of the vehicle for which the defendant was the registered keeper and used those details to raise a parking charge notice. I dispute this charge in its entirety as I do not know the wording of the contract nor do I know the means by which the contract was alleged to have come into force.
16. If the claimant can evidence that the alleged incident relates to the vehicle XXXX XXX any notice to keeper issued by the claimant must comply with Schedule 4 of the Protection of Freedoms Act 2012. Otherwise, the claimant is required to prove the driver of the vehicle they claim was involved in the alleged incident. I submit that the claimant cannot provide such evidence and further submit that the claimant does not include Protection of Freedoms Act 2012 ; wording on the parking charge notices they issue and therefore cannot hold the registered keeper of the vehicle automatically liable.
17. A requirement of the Protection of Freedoms Act 2012 is that any notice to keeper must be served within 14 days of the date of the alleged incident. Since I have not received any documentation I submit the claimant has not complied with the requirements of the Act and thus cannot claim this charge against me as the registered keeper in any case.
18. I further submit that the parking charge notice is without merit due to substantial issues in law. This is for the following reasons:
a. Lack of Standing by Claimant: The claimant is not the landowner of the car park in question and will have no proprietary interest in it. This means that the claimant, as a matter of law, will have no locus standi to litigate in their own name. Any consideration will have been provided by the landholder and only they would have been able claim for any damages or trespass.
b. No Loss Suffered by Claimant: Their claim is presumably based on damages for alleged breach of contract. It is a fundamental principle of English Law that a party who suffers damages through breach of contract can only seek through court action to be put back in the same position as they would have been if the breach had not occurred. In order to do so they must demonstrate their actual or genuine pre-estimate of loss. I submit that no loss has been suffered by the claimant as a result of any alleged breaches of contract on the part of any driver of the vehicle of which I was the registered keeper. I further submit that any loss to the landowner (which would be the only party able to claim such losses) would be minimal.
c. The Charge is an Unenforceable Penalty: I further submit that the parking charge is nothing but an unenforceable penalty as it is not based on any loss suffered due to the alleged infraction.
d. No Contract with the Claimant: Any contract must have offer, acceptance, and consideration both ways. There would not have been consideration from the claimant to the driver. Therefore, there is no consideration from the driver to Civil Enforcement Ltd.
19. On this basis I believe that the claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.
20. In order to make informed decisions and statements in my defence as former keeper of the vehicle I will require copies of all paperwork and pictures of all signs from the claimant.
Statement of Truth:
I believe that the facts stated in this Witness Statement are true.
0
Comments
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Nope. Not yet.Firstly, should I contact CEL in order to get full details and evidence of the supposed infringement
I would mail CEL a SAR (see their Privacy page for contact email for their DPO) as soon as you have filed the N244 and WS and Draft Order. i.e. this weekend. Then you will get the data and all photos by Christmas and well before the set aside hearing.Secondly, should I be trying to get any other information as evidence before I send in form N244 or do i do this once i have a court date?
It's almost perfect. Good work!Thirdly, is the following ok to send in with form N244? And help would be greatly appreciated.
Just remove these two as 'no loss' went out with the shocking Supreme Court's wrong and anti-consumer decision in ParkingEye v Beavis:b. No Loss Suffered by Claimant: Their claim is presumably based on damages for alleged breach of contract. It is a fundamental principle of English Law that a party who suffers damages through breach of contract can only seek through court action to be put back in the same position as they would have been if the breach had not occurred. In order to do so they must demonstrate their actual or genuine pre-estimate of loss. I submit that no loss has been suffered by the claimant as a result of any alleged breaches of contract on the part of any driver of the vehicle of which I was the registered keeper. I further submit that any loss to the landowner (which would be the only party able to claim such losses) would be minimal.
c. The Charge is an Unenforceable Penalty: I further submit that the parking charge is nothing but an unenforceable penalty as it is not based on any loss suffered due to the alleged infraction.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Thank you so much. I did wonder about those 2, having read that no loss was no longer relevant but I kept it in based on a very recent thread that included it. I will remove and get the form sent off asap.
I really do appreciate the time and effort everyone on this forum puts in to help folk like me - I can't tell you how relieved I feel to know I might get this sorted! I will keep the thread updated as and when I get news.0 -
Sorry to be really dim but I am struggling with form N244 - I am worried I will get it wrong.
1. Can I assume that greyed out boxes are for the court to complete and not me?
2. I assume I am the defendant?
3. Do I include my email address and phone number or just add my address?
4. Is it ok to leave Qs 6, 7, 8, 9, and 9a blank? Or should I add in Civil Enforcement in section 9 (who should be served with this application?)?
Thank you!0 -
Hi
I am a complete newbie on here but have read until my eyes feel like they are bleeding in the hopes of not wasting anyone's time. I am keen to submit form N244 as soon as possible so have used some wording based on several other very similar cases and would appreciate confirmation that this may be sufficient to get my case set aside.
My situation:
I found out a few weeks ago that I had a CCJ against me for a supposed parking infringement. The case was brought by Civil Enforcement. Upon discovering that I had the CCJ I contacted the court and received the following information:
Claimant: CIVIL ENFORCEMENT LIMITED
Claimant solicitor: CIVIL ENFORCEMENT LIMITED
Telephone: 0870 919 5577
Reference: PCN:********
Judgment amount:£ 356.31
Particulars of claim: CLAIM FOR MONIES RELATING TO A PARKING CHARGEFOR PARKING IN A PRIVATE CAR PARK MANAGED BY THE CLAIMANT IN BREACH OF THE TERMS + CONDITIONS (T+CS). DRIVERS ARE ALLOWED TO PARK IN ACCORDANCE WITH T+CS OF USE. ANPR CAMERAS AND/OR MANUAL PATROLS ARE USED TO MONITOR VEHICLES ENTERING + EXITING THE SITE.DEBT + DAMAGES CLAIMED THE SUM OF 236.00 VIOLATION DATE: **/04/2017 TIME IN: 20:36 TIME OUT: 22:34 PCN REF: REF********** CAR REGISTRATION NO.: ******* CAR PARK:- KFC TOWERFIELDS TOTAL DUE- 236.00 ***CE-SERVICE.CO.UK OR TEL:01158225020)THE CLAIMANT CLAIMS THE SUM OF 257.36 FOR MONIES RELATING TO A PARKING CHARGE PER ABOVEINCLUDING 21.36 INTEREST PURSUANT TO S.69 OF THE COUNTY COURTS ACT 1984 RATE 8.00% PA FROM DATES ABOVE TO- 15/06/18 SAME RATE TO JUDGMENT OR (SOONER) PAYMENT DAILY RATE TO JUDGMENT- 0.05 TOTAL DEBT AND INTEREST DUE- 257.36
ok , the incident was on **/04/2017 , and this was ANPR , so muppet and co could have asked the dvla for your info " **/04/2017 + a max of say 10 days in order to get the ticket to you on time and apply keeper liability
you say you moved "some weeks before , and then say there was a 3 week period before you updated (did you update licence ir just v5?)
so where were you on the [STRIKE]night of [/STRIKE] , **/04/2017 + say 10 days , where was your licence showing address for ?0 -
I applied to update both V5 and licence approximately 3 weeks after the incident, so 10 days after the incident the DVLA would have had my old details. The incident apparently happened the day I moved into my new address.0
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Help - how do I make the payment for the set aside application? Do I pay by cheque and include it in the application and if so who do I make the payment to? I have searched the internet and can find nothing at all on how to pay, only what to pay.0
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I have just this minute discovered that sticking How to pay court fees into google returns a wealth of information.
Including this from .gov.uk:Pay the court fee
Pay by credit or debit card if you’re making a claim online.
If you use the paper claim form, pay with a postal order or cheque (payable to ‘HM Courts and Tribunals Service’).0 -
Anyone can send a Postal Order if you are not a cheque-book person.
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Thank you - I did see that but wasn't sure it was the same for all court fees. This is a steep learning curve for me so I appreciate everyone's patience!0
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Thank you. Is it ok to leave Qs 6, 7, 8, 9, and 9a blank? Or should I add in Civil Enforcement in section 9 (who should be served with this application?)?
And do I post it to Northampton CCBC as there is no address on the form or in the guidance notes?0
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