Civil Enforcement PCN CCJ - through Zipcar! (have thoroughly read newbie posts)

kevipedia

Hi there,

The driver has read the newbie posts, and would like some additional advice regarding this CCJ issued by the infamous Civil Enforcement PCN. Details of case:

1) In November 2016 the driver rented a Zipcar to move home. The driver lived in a building where the underground parking is controlled by CE. The Driver parked the van close to the lifts so The Driver could load their items and move. The Driver was parked for around 40 minutes.

2) In December 2016, The Driver received an email from Zipcar informing me that a PCN had been issued, and they were providing the company with my details. The letter explicitly stated "PLEASE DO NOT PAY THE VIOLATION UNTIL THE COUNCIL HAS CONTACTED YOU DIRECTLY."

The Driver did not receive any further contact, although The Driver did reach out to the Concierge who said they would "forward their mail to the building manager." The Driver heard nothing further, and has happily been going about my life since then.

Fast forward to now, and The Driver applies for a mortgage for their first proper family home. We're in a good financial position, and we're all set for the move. Except the Mortgage in Principal gets rejected. There's nothing on their credit history from any provider (Experian scores them 999/999). But still, this happens. The Driver eventually checks through Trust Online and there it is - a judgment for an inflated amount (low 3 figures).

The Driver is in a flat panic as this has now completely derailed their plans.

The only PCN the driver has seen is made out to Avis (Zipcar).

My questions to you:

1) There are literally so many templates available on this site. The Driver could really use with some '1 on 1' advice on the matter. The Driver doesn't mind paying for this - can someone recommend someone to the driver please? Are the any lawyers who specifically focus on this PCN CCJs and can quickly throw a defense together for the driver?

2) The driver don't care about recovering costs. The driver just needs this CCJ set aside so they can proceed with the mortgage and get on with their life. What's the simplest and fastest way to do this? The driver understand they need to file a 'set aside' judgment, and they just want to do this as quickly and efficiently as possible.

Any help you can give me is much appreciated.

Le_Kirk

No one on this forum will recommend "outside help" and beware of receiving PMs purporting to come from "genuine" helpers/lawyers/parking "fine" assisters. Go to the NEWBIE sticky (one click back, third post down) and read post # 2 which will tell you all about how to go about getting a set aside. Now you have discovered it, you need to act quickly.

kevipedia

Thank you. At this point the driver doesn't care about the cost and will pay the amount they're after if they agree to set aside the PCN. Is it worth contacting them and the driver agreeing to pay if they agree to the set-aside order?

Le_Kirk

You can try a set aside with consent (I believe it costs £100 rather than £255) but you will obviously need the consent of Civil Enforcement. All this advice is contained within the place I pointed you at.

Coupon-mad

kevipedia wrote: »

Thank you. At this point the driver doesn't care about the cost and will pay the amount they're after if they agree to set aside the PCN. Is it worth contacting them and the driver agreeing to pay if they agree to the set-aside order?

DO NOT try a set aside 'with consent' with CEL. They won't play fair IMHO. Beware.

The Driver could really use with some '1 on 1' advice on the matter. The Driver doesn't mind paying for this

NONONO. And more no. Avoid the companies, check out their atrocious TrustPilot pages!

All the victim has to do is copy any CEL set aside threads and take a completed N244 court form (Google it), the £255 fee and a draft Order and Witness Statement to your local court and attend a hearing that CEL probably won't attend.

Use those words I've put in bold as your search terms when using 'search this forum'.

None have been turned down, all have been allowed v CEL and some even get their £255 fee ordered to be paid by CEL too, by being robust and including it in the draft order for the local Judge. Act quickly and copy everyone else's Draft Order/WS examples here.

MUCH easier than you think, we do this all the time v CEL.