Help? Missed CCJ due to house move.

The_Deep

you are likely to have to defend a newly presented case which the Judge will probably require

Umko, OP has already stated that he/she is willing to pay the original charge, presumably at the lower rate.

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.

It would appear, according to the law, that no-one has done anything wrong here. However, the PPC appear to have abused the process by claiming far more than the law allows. The only party to benefit here is the court. Perhaps OP has a case to reclaim the money from them. (I certainly would give it a go)


The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

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 Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

All five readings are available to watch on the internet, (some 7-8 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. t

The_Deep

Not a recommended strategy for anyone moving house.

Indeed. We moved house recently and did not set up mail direct. The reason for this was that we struck up a good relationship with our buyers, they visited eight times before completion to measure, draw up plans etc. However, I have a sneaking suspicion that they are not forwarding all my mail as we agreed.

Umkomaas

Umko, OP has already stated that he/she is willing to pay the original charge, presumably at the lower rate.

I don't see CEL as being a particularly 'helpful' PPC - even if the OP can get through to them to undertake any meaningful negotiation. Time will tell. I don't have a monopoly on the crystal ball.

It would appear, according to the law, that no-one has done anything wrong here. However, the PPC appear to have abused the process by claiming far more than the law allows. The only party to benefit here is the court. Perhaps OP has a case to reclaim the money from them. (I certainly would give it a go)

That's a good reason to go through the motions of defending the case, rather than settling (for whatever sum) with CEL. That's why I use the phrase 'and (CEL) fully comply with subsequent directions of the court' as often they don't, and that's the time when a refund of the £255 set aside fee comes into play.

Dealing with every aspect of a CCJ can often be counter intuitive.

Bunniebarnes

[FONT=&quot]In the County Court at Northampton[/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]

[FONT=&quot]Claim No.: XXXXXXXXXXX[/FONT]

[FONT=&quot]Between [/FONT]
[FONT=&quot] [/FONT]

[FONT=&quot]Civil Enforcement LTD[/FONT]

[FONT=&quot]Horton House[/FONT]

[FONT=&quot]Exchange Flags[/FONT]

[FONT=&quot]Liverpool[/FONT]

[FONT=&quot]L2 3PF[/FONT]

[FONT=&quot](Claimant)[/FONT]

[FONT=&quot] [/FONT]

[FONT=&quot]-v-[/FONT]

[FONT=&quot] [/FONT]
XXXXXXXXXXXXXXXXXXXXX

[FONT=&quot](Defendant)[/FONT]

[FONT=&quot]


I, XXXXXXXXXX of XXXXXXXXXXXXX, will say as follows:

I am the Defendant in this matter.

Before I describe what happened on the day I parked in the XXXXXXXXXXXX car park, I confirm that the essence of my defence to this claim is that: [/FONT]
[FONT=&quot]
a. I did unknowingly breach the terms and conditions of parking on 17.01.2018 whilst I lived at ADDRESS A
b. The Claimant's signage was unnoticeable to me in the dark[/FONT]
[FONT=&quot]c. I moved address on 22.01.2018 to ADDRESS B.
[/FONT]
[FONT=&quot]d. I informed the DVLA of a change of address, which was confirmed by the receipt of a V5C on 15.06.2018[/FONT]
[FONT=&quot]e. I did not receive any notice of the charges against me as I assume they were sent to my old address (if indeed they were sent at all)[/FONT]
[FONT=&quot]f. I was only made aware of the charges and subsequent CCJ issued against my name on 20.02.2019 due to a routine credit check[/FONT]
[FONT=&quot]g. I do not believe that the claimant had made due diligence to contact me at my correct address[/FONT]
[FONT=&quot]h. I therefore feel that I have accrued unfair costs on top of the original fine and resent that I was unable to defend myself when originally summoned to court[/FONT]
[FONT=&quot]i. I therefore request that the court overturn the CCJ against my name.[/FONT]
[FONT=&quot]j. I also request a refund of my fees and a reimbursement for my schedule of costs[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]
On 17th January 2018 I parked in the car park at the XXXXXXXXXXXXX with a friend who I was seeking to support as he was in mental distress. I arrived at about 6pm, when it was dark and was unaware of any signs prohibiting staying in the car park for over an hour. The car park was almost empty at this point. I proceeded to enter the restaurant and ordered food for myself and my friend. The meal came to £18.37. Due to my friend’s mental state, we stayed in the restaurant longer than usual as I was trying to give him moral support. We left at around 7.20pm. [/FONT]
[FONT=&quot]My wife and I moved house on the 22nd January 2018. I was admittedly slow to update my DVLA Log Book to my new address, partially due to severe health concerns on the part of my wife. However, a correct V5C form was issued by the DVLA on 15th June 2018. The DVLA website states that “It can take up to 6 weeks to get your new log book”.[/FONT]
[FONT=&quot]Over 12 months after the alleged parking infringement, on 19th February 2019 I was informed of the removal of my overdraft by my bank. This was distressing as I was recently made unemployed. Pursuing the matter further, I found that this action was taken by the bank due to the downgrading of my credit rating, which was previously excellent. The bank could not tell me the reasoning behind the downgrading of my credit rating. After consulting several credit rating agencies, at a cost of £15 a month subscription each, I was informed of a CCJ (Ref – XXXXXXXXX) against my name of which I was not aware. I rang Northampton County Court and I was informed by them that I was being pursued for a parking infringement by Civil Enforcement LTD. [/FONT]
[FONT=&quot]It transpired that all communication, including a court summons to appear in this court was sent to my previous address, ADDRESS A, and so I was unaware of any of these communications. As a result, I had no knowledge of the original fine or of any subsequent communications relating to said fine. Accordingly, not only was I unable to pay the fine in good time, but I was unable to face my accuser in court and was subsequently issued with a CCJ and a fine of £348.12. The CCJ has resulted in my credit rating being downgraded and loss of an overdraft. Additionally, the fine has caused undue financial stress in this time of unemployment. [/FONT]
[FONT=&quot]I struggle to believe that Civil Enforcement LTD took due care to ensure that I was contacted at the correct address, and I am astonished that this case was allowed to proceed to court without any obvious effort being undertaken on the part of Civil Enforcement LTD to pursue me. Indeed, this has not been difficult for other agencies trying to get in contact with me. [/FONT]
[FONT=&quot]Had I known of the fine against my name I would had endeavoured to pay as soon as possible, as I have a record of doing. In this case, there was no way I could possibly have done this, and so I feel I am being unfairly fined. I struggle to see what action I could have undertaken to prevent this current outcome, and I feel this is bullying on part of a powerful company against an individual. I therefore request that the Court sets aside the CCJ against my name and restores my good financial standing. [/FONT]
[FONT=&quot]In addition to the above, this process has caused undue stress and has taken up time which could have been better spent elsewhere. I therefore enclose, with this Witness Statement, a list of further costs incurred upon my person as a result of this process. It is my hope that the court will understand that in my current circumstances these additional outgoings are significant. [/FONT]
[FONT=&quot]To the best of my knowledge the facts stated in this Witness Statement are true.


Signature of Defendant:


Name: XXXXXXXXXXXXXX
Date:[/FONT]

Coupon-mad

I would remove this bit:

as I assume they were sent to my old address (if indeed they were sent at all)

Where is your 6 point draft order that you want the Court to make? Like those shown in all the other set aside threads.

ShakeItOff

There are bits in other WS for other Set Aside cases that essentially state that "I was there to be found on routine credit checks". It would be worth including that, along with the CPR wording about addresses.

You are trying to paint the picture that, if they had done their due diligence, you were discoverable.

It might also be worth having a look on both CEL and whichever solicitor (BW Legal or Gladstone's probably) they used's website under their privacy policy. There is very likely a bit in there about their ability to use a credit checking service or trace service, which you would want to highlight and append as evidence in your witness statement.

Le_Kirk

You weren't summoned to court!

Bunniebarnes

Thankyou! All updated.


On the N244 we have these guidance notes -

"In this section please set out the information you want the court to take account of in support of the application you are making.If you wish to rely on:
• a witness statement, tick the first box and attach the statement to the application notice.
• a statement of case, tick the second box if you intend to rely on your particulars of claim or defence in support of your application.

• written evidence on this form, tick the third box and enter details in the space provided. You must also complete the statement of truth. Proceedings for contempt of court may be brought against a person who signs a statement of truth without an honest belief in its truth."


We have done a WS and a Schedule of Costs. Should we do a Statement of Case or a Statement of Truth?

I am confused by what a 6 point draft order is. I THINK the below is correct?



6 Point Order Form

IT IS ORDERED that:

1. The default judgment 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, repayment of the Schedule of Costs 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.

Coupon-mad

Yes that's the one, but in #3 & #4 the dates should obviously be blank, but ending with 2019, not 2018.

The point of a Draft Order is, this is what you are nudging the Judge to order and he/she just has to join up the dots and add the dates of his/her choice.

Bunniebarnes

Opps thank you!!!
Thank you for clearing that up. Really appreciate the help
So, we will send off the N244, the WS and the Statement of Charge tomorrow morning. Will keep you updated!