Set aside a CCJ from Civil Enforcement

Coupon-mad

I need to work on the wording to challenge the claim though. I think I will visit the Currys shop to help me with that.

But you DO NOT need that with your N244. A defence is not needed yet.

Get this (the N244, the £255 fee, the witness statement and the draft ORDER*) taken to the local court on Monday and don't get distracted by Currys or a defence (yet).



*you notice I didn't say 'defence'. PLEASE read other CEL set aside threads.

Quentin

ast8346 wrote: »

...... Even getting the court to remove the CCJ off my record but keep me liable to paying up the PCN in full will still be a success.

Another option is a set aside by consent.

You get the claimant to consent to the set aside and you pay them in full

If they agree, then this just costs £100 in court fee and no hearing is necessary

Google it and read up on it

ast8346

Right. When do I need to provide a defence then?
I thought a draft of that is a must to make a successful set aside CCJ application. No?

Coupon-mad

Another option is a set aside by consent.

But not with CEL. Not trustworthy.

When do I need to provide a defence then?

I repeat, as it REALLY saves us time and we are madly busy here:

*you notice I didn't say 'defence'. PLEASE read other CEL set aside threads.

Coupon-mad

This is what often pans out in the end in CEL cases defended:

https://forums.moneysavingexpert.com/discussion/5956466/cel-proposed-defence

In your case, the first hoop to jump might be the hardest, but give it your all and get those forms/statements and fee in on Monday.

ast8346

Thanks mate, this is very helpful!
I will sketch the draft and post it here for a review tomorrow

Coupon-mad

I am newbies' mate on here, as far as I can, but I am a lady!

ast8346

Coupon-mad wrote: »

I am newbies' mate on here, as far as I can

Yes! This is exactly what I meant. No genderalisation intended

ast8346

Please check my DRAFT order below.
I understand that I need to include this as a separate document along with the N244 form. However, what do I write in the form itself? Especially in the evidence box.



Please have a look in particular at the Witness statement section. I have included some details of my health issues. Hope this looks reasonable?


The other thing is that I do not actually know when the CCJ has been issued exactly nor do I know the original claim number. Shall I give a call to the Court and ask them for this prior to submitting the form? I only know the CCJ number which has come up in the credit report.





[FONT=&quot]DRAFT ORDER

IN THE COUNTY COURT AT: xxxx

CIVIL ENFORCEMENT LIMITED (Claimant)

And

xxxx

CLAIM No: unknown

IT IS ORDERED that:

1. The default judgment case number xxxx 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 01/07/19 paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 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 01/07/2019.

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.

WITNESS STATEMENT

7. I am xxxx and I am the defendant in this matter. This is my supporting statement to my application dated 10 June 2019 requesting to:

a. Set aside the default judgment case number xxxx as it was defectively served using an old address.

b. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.

c. Order for the original claim to be dismissed.[/FONT]

[FONT=&quot]8. Further to my witness statement, I would like to express my regret for not responding to the default judgement in question earlier. I have become aware of the County Court Judgement in January 2019 through the Experian credit check and following an unsuccessful attempt to negotiate with the Claimant I have requested the N244 form from the Court on 07 February 2019, however I was unable to complete the form immediately due to worsening condition of my health. I’m suffering from Irritable Bowel Syndrome which makes it difficult for me to focus on my work and studies and affects my ability to respond to other matters. It also causes mental health issues such as prolonged depression which means that it is often hard for me to maintain a clear state of mind and focus especially during breaks from my work and studies. I’m taking medication to help me manage my symptoms and upon request I can provide a record of taking consulting services from the registered dietitian xxxx who has kindly given me the consent to be contacted by the Court in case my health condition would require further explaining.

DEFAULT JUDGMENT

9. I understand that the claimant obtained a default judgment case number xxx against me. However, it was not served at my current address, therefore I was not aware of the county court judgment until January 2019 when I’ve discovered it though a credit score report from Experian. I understand that this claim was served based on the PCN NO: xxxx issued on 27/10/2017. However, I moved to a new address on 22/10/2017 which can be proved by the signed lodger agreement enclosed with this statement. Following the conversation that I had with the Claimant’s representative over a phone call I was made aware that the PCN has been issued to the address provided to the Claimant by the DVLA. However, at the time when the PCN has been issued I have not had sufficient time to update my address details with the DVLA and the Claimant has not attempted to reach the DVLA again at a later date to make sure that there has been no address update which was confirmed to me by the Claimant’s representative over a phone call.

10. I have never received any correspondence from the claimant, therefore I was never able to challenge the original charge nor the judgment. When I have asked the Claimant’s representative whether I can still appeal the PCN, my request has been refused with the reason given that the PCN has been issued too long ago.

11. I have never received any correspondence and at no point prior to January 2019 did I have any contact with the claimant.

12. I suggest the Claimant did not make reasonable enquiries as to my current address before perusing the court order, considering they received no response from me to their correspondence this should have been a clear indication of the obsolescence of the address xxxx.

13. Considering the above I was unable to defend this claim. Therefore, I believe that the default judgment against me was irregular and I respectfully request it is set aside.

ORDER DISMISSING THE CLAIM

14. I further believe that the original parking charge notice has no merit and should thus be dismissed. 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 driver.

[/FONT]
[FONT=&quot]15. The claimant has obtained details of the vehicle for which the defendant was the registered keeper and used those details to raise a parking charge notice. I dispute this charge in its entirety as I do not know the wording of the contract nor do I know the means by which the contract was alleged to have come into force.

16. If the claimant can evidence that the alleged incident relates to the vehicle xxxx any notice to keeper issued by the claimant must comply with Schedule 4 of the Protection of Freedoms Act 2012. Otherwise, the claimant is required to prove the driver of the vehicle they claim was involved in the alleged incident. I submit that the claimant cannot provide such evidence and further submit that the claimant does not include Protection of Freedoms Act 2012 ; wording on the parking charge notices they issue and therefore cannot hold the registered keeper of the vehicle automatically liable.

17. A requirement of the Protection of Freedoms Act 2012 is that any notice to keeper must be served within 14 days of the date of the alleged incident. Since I have not received any documentation I submit the claimant has not complied with the requirements of the Act and thus cannot claim this charge against me as the registered keeper in any case.

18. I further submit that the parking charge notice is without merit due to substantial issues in law. This is for the following reasons:

a. Lack of Standing by Claimant: The claimant is not 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 claim for any damages or trespass.

d. No Contract with the Claimant: Any contract must have offer, acceptance, and consideration both ways. There would not have been consideration from the claimant to the driver. Therefore, there is no consideration from the driver to Civil Enforcement Ltd.

19. 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.

20. In order to make informed decisions and statements in my defence as former keeper of the vehicle I will require copies of all paperwork and pictures of all signs from the claimant.

Statement of Truth:
I believe that the facts stated in this Witness Statement are true. [/FONT]

Quentin

If you contacted the Court in February as stated in the ws (,news to us!), they will have a record of this!

See #7 regarding lying to the judge