CCJ at previous address?

bigdavecox90

To cut a long story short, received a parking ticket from a private enforcement company when attending a doctor's appointment (they had just started using a system in the surgery where you have to input your registration) to which we were not aware of when visiting at the time.


We had sent several emails which we have evidence of to ask how debt could be settled/resolved and pay this to which we received no responses. Original ticket was for £60.00 so we succumbed and called to pay this, however the automated system was telling us that it had been upped to £100.00. Again, emailed to state we were not happy and how we could pay the original £60.00 and how could we could resolve this. No further response.


Since then we've moved address and having checked credit reports, now been hit with a CCJ due to non-payment. The upsetting part about it is that we tried to resolve on several occasions but were ignored.


Any advice on what we can do moving forward as this is not something that has happened before and we feel this has been issued unfairly?


Thank you.

sourcrates

Moved to parking forum.

nosferatu1001

Simple - read the NEWBIES thread in this parking forum
Seaerch it for SET ASIDE and you should see what you need to do

How long between LAST CONTACT with them and the dtae the cliam was raised?

You only have a VERY LIMITED TIME to get a set aside. DO NOT dawdle. Anything longer than 21 days is likely to cause you issues.

bigdavecox90

nosferatu1001 wrote: »

Simple - read the NEWBIES thread in this parking forum
Seaerch it for SET ASIDE and you should see what you need to do

How long between LAST CONTACT with them and the dtae the cliam was raised?

You only have a VERY LIMITED TIME to get a set aside. DO NOT dawdle. Anything longer than 21 days is likely to cause you issues.

Thanks, have since found many of the threads and read through the processes that need to be followed.


What I will say is that the CCJ was issued in October 2018 (we've only just discovered it having gone to review credit file) does this mean we are unable to apply for a set aside?

steve1500

What happened to all the post, there is a mountain of it before you get a CCJ

nosferatu1001

Steve - they moved

OP - you didnt answer my question. Please do so

No, the date that starts the clock is the date you DISCOVER the CCJ

Coupon-mad

What I will say is that the CCJ was issued in October 2018 (we've only just discovered it having gone to review credit file) does this mean we are unable to apply for a set aside?

Nope, we see set aside wins all the time, and all like your case, all the same.

Of course you couldn't move to get a CCJ set aside that you didn't know about, any earlier. It's perfectly reasonable that you act quickly now:

Simple - read the NEWBIES thread in this parking forum
Seaerch it for SET ASIDE and you should see what you need to do

bigdavecox90

nosferatu1001 wrote: »

Simple - read the NEWBIES thread in this parking forum
Seaerch it for SET ASIDE and you should see what you need to do

How long between LAST CONTACT with them and the dtae the cliam was raised?

You only have a VERY LIMITED TIME to get a set aside. DO NOT dawdle. Anything longer than 21 days is likely to cause you issues.

From my recollection, I want to say last contact was November 2017 (via telephone attempt and email) and then the CCJ seems to be dated October 2018.

steve1500

nosferatu1001 wrote: »

Steve - they moved

I know, but what happened to all the post to the old address not just from the scammers & the Court.


If it was redirected the OP probably wouldn't be in the situation they are in now.


If the scammers are told of the new address and decide to ignore that is a slam dunk win


I'm just amazed at the amount of people that are coming onto the board and asking you, CM etc that they have received a CCJ for an old address

The_Deep

I'm just amazed at the amount of people that are coming onto the board and asking you, CM etc that they have received a CCJ for an old address

I am sure it is not uncommon. When one of my tenants moved out recently I found several old letters addressed to me. This despite a clause in the AST requiring that they be sent to me.,

OP. you should raise this with your MP.

It is the will of Parliament that these scammers be put out of business.

Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

bigdavecox90

Hi all, so posted before regards a CCJ being added to credit file from CEL (private parking firm) and being issued at a previous address - due to all the really helpful advise from you guys on the forum, I've been advised to process a set aside application.

Please see the below - are you able to offer any further advice before this is ready to go? Anything I should include/remove?

My biggest concern is section 1.3 (I feel it's quite emotive and not sure this should be included or just 'kept to the point'?)



I am xxxx and I am the Defendant in this matter.

This my supporting Statement in support of my application dated 16th January 2019 to:

· Set aside the Default Judgement dated 18th October 2018 as it was not properly served at my current address;
· Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee;
· Order for the original claim to be dismissed.

1. Default Judgement

1.1. I understand that the Claimant (Civil Enforcement Ltd (CEL)) obtained a Default Judgement against me as the Defendant on 18/10/2018. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement. I am very vigilant with my credit report, and only realised the CCJ had been added on checking my report on 09/01/2019, I have received no correspondence from the claimant to inform me of the default. On contacting the Claimant, I understand that this Claim was served at an old address – xxxx. However, I moved to a new address in xxxx. In support of this I can provide confirmation from XXXXX County Council showing my updated details for the purposes of paying Council tax.

1.2. I have never received any previous documentation from the Claimant in this matter and I thus was never able to properly challenge the Claimant’s claim.

1.3. On the 10/01/2019 I contacted xxxx County Court to find out details of the Default Judgement. The incident is with regards to a parking ticket that I received in 10/2016 when parking for a doctor’s appointment at my local surgery. An appointment that I proved I had and was therefore an authorised vehicle in the carpark. On receiving the parking charge, I did try to contact the claimant several times, but all of their systems are automated, and you are unable to speak to anyone directly. I therefore sent the enclosed email dated XXXXXXX. At this time, I had decided just to pay the ticket to simply end the issue, however, on calling the automated service the ticket price was £100 and not the reduced £60 amount, hence my trying to contact the claimant but you are unable to get through to anyone. I kept the email to prove I attempted to pay the fine and heard no more from the company. Having researched the claimant, I can see that many other people have had the same issues as myself by not being able to talk to anyone directly.

1.4. On contacting the Claimant using information given to me by xxxx County Court. I was told that they did, in fact have the correspondence noted above, however, they did not respond to me. I was informed by the court that the claimant could apply to set the debt aside, however, the claimant informed me this way not the case and that I would need to go through the process with the court.

1.5. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held my current and correct contact details. There are publicly available records, which would have enabled them to make contact with me – The electoral role for example, or indeed the email address that they had available. They made no attempts to contact me other than, I assume, by post to an incorrect address. The Claimant’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.

1.6. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use my current address when bringing the claim.

1.7. Considering the above I was unable to defend this claim properly. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside.


2. Order dismissing the Claim

2.1. I further believe that the original Claim by the Claimant has no merit and should thus be dismissed. I understand that 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 motorist.


2.2. I submit that the Claimant’s claim is without merit due to substantial issues in law. This is for the following main reasons:

2.2.1. Lack of Standing by Claimant: The Claimant is unlikely to be 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 sue for any damages or trespass. I have proven that I was using the carpark for its purpose, for patrons of the surgery for an appointment relating to my xxxx.

2.2.2. 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 motorist of the vehicle of which I am the Registered Keeper. I further submit that I have proven that I was using the carpark for its purpose, for patrons of the surgery. Therefore, no financial loss occurred on the part of the landowner and any fee is of pure financial gain for the claimant.

2.2.3. Claimed charge is an Unenforceable Penalty: I further submit that the Parking Charge that the Claimant claimed, given it is not based on any loss suffered due to the alleged breach, is nothing but an unenforceable penalty.

2.3. 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.


Statement of Truth:
I believe that the facts stated in this Witness Statement are true.
Full name: xxxx

Dated: 16th January 2019