Help? Missed CCJ due to house move.

Bunniebarnes

Any help appreciated!

We have read a lot of the threads, but would like some advice on our issue.



We had a parking Charge Notice From Civil Enforcements LTD for an overstay at a local car park. This was issued 17/01/18. Original charge was £60.

We moved address 22/01/18.
Our VC5 was updated, but after 22/01/18, to our new (& current) address. The DVLA says it can take up to 6 weeks.

We discovered (19/02/19) that we had a missed CCJ (07/10/18) we were unaware of. We owe CEnforcement £348.12. We assume letters/info =went to our old house, sometime after 22/01/18 but was not passed on. We didn't pay to redirect mail, as we had changed everything "in time" so saved the money.
This is our "grey area" - we assume we are legally in the right as we notified DVLA when we moved, but at the time of offence the address was correct. At the time of any letters being sent, we were in DVLA change-over time in our new address.

Below is a draft letter to send to CEnforment LTD. We are not admitting fault. We are willing to go to court, but nervous of lose of time/money. Seems many cases are won and £255 could be returned to us.



We are happy to admit liability for original PCN, but not unless we get Set Aside and only have to pay PCN. Not sure how to put that into letter below, as we don't want to admit liability in case it does go to CCJ again.


Thankyou for any help!

"We are writing to you with regards to a Parking Charge Notice we were issued on 17/01/18 at xxxxxx t (PCN ref – xxxxxxxxx) as we are the registered keeper of the car (XXXX XXX). We were unaware of this until 19/02/19 due to a change of address on 22/01/17. Therefore, we have not received any paperwork relating to this charge. We updated our VC5 after our move, and the DVLA’s website state’s that it may take up to 6 weeks to update our log book. Therefore, we assume the original letter was sent to the old address (XXXXXX), but after 22/01/18, when we left and subsequently had no access.
As a result, we were only made aware due to our bank informing us that our credit rating had been downgraded. We then had to trace back a County Court Judgement (Ref – XXXXXXX), and ring XXXX XXXXCourt, only to be told, to our surprise, that we were being pursued for £348.12.
We are extremely frustrated by the unprofessional and incompetent behaviour by CE LTD. We fulfilled our legal obligation to notify the DVLA of our change of address. We find it staggering that there seems to be no attempt to find our correct address, despite our VC5 forms being updated as well as our electoral role.

We are willing to pay part costs of max £100 but only if the County Court Judgement against our name gets set aside by 07/03/19. We are more than willing to go to court but hope this matter can be sorted out beforehand. We are not willing to accept that we had any responsibility for the extra charges. Therefore, this is a very unfortunate coincidence that you are confident both the Court and Enforcement Authority will recognise if needs be.

Attached is our VC5 proving[FONT=&quot][/FONT][FONT=&quot] the incorrect address"[/FONT]

ShakeItOff

Welcome!

First up, send a Subject Access Request to the DVLA and to CEL. DVLA will be able to confirm when your address was updated with them, and will be used in your evidence for your Witness Statement if you decide to go through with a set aside.

There is a template for a Legals Beagles Subject Access Request in the NEWBIES thread.

In post #2 of the NEWBIES thread, there is also a host of information about the Set Aside process. Plus, searching this forum (using advanced search) for "Set Aside" will bring up loads of Set Aside threads.

Bunniebarnes

So send this before we send the above letter?

KeithP

First , I would say... do not send that letter.

But do follow the guidance offered by ShakeItOff.

Coupon-mad

There is no point writing to CEL. Believe us. STOP.

Except for emailing a SAR, as the NEWBIES thread already tells you. It also talks through set asides, and writing like this will not work with CEL.

You must do a set aside like everyone else, and ask the Judge to reserve your costs or grant them to be refunded by the Claimant for their unreasonable conduct.

This is the same as all the other CEL set aside threads, please read some!

Bunniebarnes

Ok, thanks Coupon. I had read on MSE that "some parking companies are willing to set aside if they get paid (it didn't state how much). "
I had wondered if anyone had had any luck with this.

In the mean time, I have applied for funding for a N244 (unlikely but possible due to a current lack of work) a SAR for the DVLA, a SAR for CEL, and a letter of complaint to Burger King.


We are just rather anxious about losing £600 (£348 + £255), even if this is unlikely. However, the unfairness, and drop in our credit rating make it seem a risk worth taking, against the risk of losing £60.

Coupon-mad

"some parking companies are willing to set aside if they get paid (it didn't state how much). "

ParkingEye do.

Never CEL.

We are just rather anxious about losing £600 (£348 + £255), even if this is unlikely. However, the unfairness, and drop in our credit rating make it seem a risk worth taking, against the risk of losing £60.

Yes, it is. Don't wait for the SAR reply before pressing ahead quickly with the Set Aside application and draft order/WS that you see on all the other Set Aside threads.

Just spend a day searching the forum for the words set aside CEL as that will help you see what happens in the end, and how to word the order/WS.

Bunniebarnes

Thanks - will do!!

Will let you know how we get on.

Coupon-mad

We want to see your draft order and WS to check it, once you've researched it. You MUST move quickly to set aside a CCJ, so next week would be good.

Umkomaas

I had read on MSE that "some parking companies are willing to set aside if they get paid (it didn't state how much). "
I had wondered if anyone had had any luck with this.

But this still needs to be done through the court set aside procedure. It's known as a 'set aside with consent' - ie, the PPC agrees to the set aside on condition you pay the judgment (£348) to them and you pay the court £100 for agreeing to this. It is purely a credit repair procedure, and some Judges don't like it and can refuse.

You cannot come to any 'private' arrangement with CEL. Paying CEL anything now, without going through a formal set aside, will cost you £348 and your credit rating will continue to remain in tatters for the next 6 years.

Not receiving the original court papers because of a house move is an almost guaranteed set aside, but you are likely to have to defend a newly presented case which the Judge will probably require as not getting the court papers doesn't absolve you of the baseline charge.

If CEL have done nothing 'wrong' in writing to your original address (ie they were working with the information given to them by the DVLA), and fully comply with subsequent directions of the court, you are unlikely to be able to recover your £255.

We didn't pay to redirect mail, as we had changed everything "in time" so saved the money.

That 'saving' is now going to cost you very dearly.

Not a recommended strategy for anyone moving house.

twhitehousescat

page 2 of your v5 , at the very bottom "doc ref" is the date the DVLA changed the details of your v5