CCJ set aside

Redx

as this is a lease vehicle , you would never get an NTK from DVLA data , you would get an NTH and should also get a copy of the lease docs under POFA 2012, from CEL

scroll to the BOTTOM of post #1 of the NEWBIES thread and read the advice by edna basher, as he outlines lease procedures and deadlines in his posts on here (if in doubt , read all of his posts by clicking on his name and show all posts)

the complications are caused because as lessee you are never the RK ,
HENCE WHY THE LEASE COMPANY PASSED YOUR DETAILS TO CEL


the first pcn that was sent to you was the NTH (to the day to day keeper - ie: to you)

even if you did not receive it , that is the first one sent , plus any reminders

the SAR reply should have copies of all their paperwork including the pcn to you and any reminders , treat the first pcn to you in their bundle as the first NTH , treat the rest as reminders

Coupon-mad

Clare237 wrote: »

Further to their incompetence, they have sent all this also by post to my OLD ADDRESS also - and they know I don’t live there anymore!!!

Unbelievable. Shocking incompetence and ignorance of GDPR data handling.

Take that to the set aside hearing next month to show the Judge how wholly unreasonable this firm are, ignoring new address data even when given to them (prove you did in the SAR).

But mainly the Judge will want to be satisfied that you didn't receive the claim through no fault of yours, ad that you acted quickly when you did find out about the CCJ, and as a secondary issue, that you have the potential for over 50% prospects of successfully defending the claim if it now reverts to a live claim.

As explained here in some useful threads all about the set aside hearing and preparation:

https://forums.moneysavingexpert.com/discussion/comment/75636401#Comment_75636401

What does a notice to keeper look like because I don’t think I have one?

It's the Parking Charge Notice, sometimes with photos of the car sometimes not.

Why not just do a GOOGLE IMAGES search for: CEL Parking Charge Notice?

Clare237

Hi all,

Thank you for your replies.

I was sent a PCN (I didn’t receive it) about 2 months after the parking event.

I received one “final reminder” a month later. I appealed this by email. They responded by email initially - I informed twice of name change (this appears on info they sent). No copy of lease agreement attached though at all, just a pcn on a piece of paper. They sent pictures of licence plate to lease company but not me.

Also, it says one hour free parking violation....but that’s not correct? There is no parking there unless a guest and then it’s free parking once you enter number plate. So I am confused!!

I heard nothing else.

The SAR shows they appear to have sent one letter rejecting appeal about 2 weeks after email contact. Then 2 solicitor letters within 2 weeks of each other - not received. A letter in the December from CEL and then summons over 7 months later. I had moved out by that point.

I have paperwork to show I moved out but can’t prove I didn’t receive the solicitor letters etc. But there weren’t as many as I thought there would be! And such random times between things! 2 letters in 2 weeks then nothing for months, then a summons 7 months later.

Still a little petrified! There language is quite aggressive - “costs are going to escalate” - I feel so sorry for people who really feel backed into a corner with these thugs.

Coupon-mad

I have paperwork to show I moved out

That's what the Judge will want to be satisfied about, as explained in detail in the link above.

It's not for you to prove you didn't receive letters, but to appear as an honest witness stating as much, as the truth, and providing evidence to show you had moved, and the Government CCJ Reform Article in the link I gave you, i.e. that Parking Firms caused it.

And secondly you need to be able to show that you have reasonable grounds for defending the claim once set aside - again all covered in the link above.

Clare237

Have an update.

I have received an email from the legal department of cel offering to cancel judgement with the claim cancelled. I then cannot claim costs if I accept.

Good offer? Or should I still go to the hearing?

Clare237

I am wondering whether the offer late on a Friday, to be responded to by Monday is deliberately to prevent any legal advice being sought...

Coupon-mad

Clare237 wrote: »

Have an update.

I have received an email from the legal department of cel offering to cancel judgement with the claim cancelled. I then cannot claim costs if I accept.

Good offer? Or should I still go to the hearing?

BAD OFFER.

Go to the hearing and point out the way they have continued to abuse what they now know is an old address. Take proof that you told them and that they STILL ignored it! And take proof that you moved and that you have prospects of defending this claim once set aside, if CEL proceed, which they usually do not.

Paint a clear picture of unreasonableness (use the Oliver Heald statement about parking firms specifically, being a major cause of CCJ reform) and push for the £255 to be ordered to be refunded by CEL due to their 'wholly unreasonable' conduct in litigation, and because you suspect they will now just discontinue the claim as they do every time people get one set aside.

If the Judge will not agree to order that actual refund (PLAN A!) gently suggest the ways in which CEL have been 'wholly unreasonable' and say you thought such costs can be ordered against the claimant on the indemnity basis.

If the Judge won't do that, remind him/her of your concern that CEL always discontinue (your online research has told you) when people who fall victim to this 'old address' scam have got a CCJ set aside.

Ask as PLAN B, that your costs of £255 plus your hearing attendance costs (travel, loss of leave, parking) be RESERVED and if CEL do not proceed you can then ask for costs to be awarded against this Claimant without filing another N244 at another fee cost just to get this back.

LoadsofChildren123 just posted on another thread, info about the CPR to cite when telling a Judge that you CAN be awarded costs at his/her discretion (as some Judges think you can't).

Clare237

Hello all!

I had my hearing today and the CCJ has been struck out. The judge said I couldn’t claim costs (he was a little sharp and inpatient to be honest), the parking firm didn’t send any representative at all

He said 2/3 weeks and the ccj will disappear from my file and I don’t have to defend the claim again. Relieved I can put this behind me finally, but I wish they could see the impact this had on mine and my children’s lives.

Clare237

Thank you to everyone who helped me - I think I would have gone insane without you all x

Coupon-mad

Well done to you! :T

One of these days I wonder if someone will try a small claim for the tangible loss of the set aside fee and significant distress, holding CEL liable for it.