Parking CCJ - ANPR camera and CCJ docs sent to old address

thehopcat123

Hi there,

Have just been taking a look at my credit file due to needing to remortgage soon and have discovered a CCJ issued May 2018 for £354 for civil enforcement limited

these are the claim details;

CLAIM FOR MONIES RELATING TO A PARKING CHARGEFOR PARKING IN A PRIVATE CAR PARK MANAGED BY THE CLAIMANT IN BREACH OF THE TERMS + CONDITIONS (T+CS). DRIVERS ARE ALLOWED TO PARK IN ACCORDANCE WITH T+CS OF USE. ANPR CAMERAS AND/OR MANUAL PATROLS ARE USED TO MONITOR VEHICLES ENTERING + EXITING THE SITE.DEBT + DAMAGES CLAIMED THE SUM OF 236.00 VIOLATION DATE: 23/03/2017 TIME IN: 14:54 TIME OUT: 15:06

So 8 minutes in a private car park.

Now this PCN was via ANPR so I had no physical ticket and the car was registered to my fleet company in Portmouth, not to me.

The CCJ is registered as of 18th may 2018 when I moved from that address in December 2017. I updated all my work record which are where the driver details for our company vehicles are held.

I am at an absolute loss at what to do. I have the N244 form but am so overwhelmed as to what to write for a claim. After reading up online it feels like I don't have much of a chance, but with remortgage coming up and detailing the above I'm not sure I have any option option than to contest to try and get it set aside.

Any advice would be much appreciated.

Coupon-mad

I am at an absolute loss at what to do. I have the N244 form but am so overwhelmed as to what to write for a claim.

We assume you have read the NEWBIES thread about set asides, as everything is covered there and almost everyone wins.

A refused set aside is as rare as hen's teeth here. They are easy enough and many of them are uncontested and even 'mandatory' (read Henrik777's posts by clicking on his username). Do that right now.

Why not just copy from all the zillions of other set aside CEL threads and show us your draft six point order and witness statement (you will see what I mean when you read the threads).

thehopcat123

Hi coupon, since creating this thread I've read hundreds of other and have a selection six point orders I'm reading through ready to compile my own. Will post here when I've completed it (which should be today or tomorrow)

peter_the_piper

Have you checked with the transport manager to find out what they have received , what address they actually have for you and why no correspondence from them to you regarding this?

thehopcat123

Coupon-mad wrote: »

We assume you have read the NEWBIES thread about set asides, as everything is covered there and almost everyone wins.

A refused set aside is as rare as hen's teeth here. They are easy enough and many of them are uncontested and even 'mandatory' (read Henrik777's posts by clicking on his username). Do that right now.

Why not just copy from all the zillions of other set aside CEL threads and show us your draft six point order and witness statement (you will see what I mean when you read the threads).

Trying to get my head round the whole process and sorry if I'm sounding completely clueless. I've prepared what I think is my witness statement.

Do I need to email/write to CEL to ask for correspondence or case details, or tell them that I'm asking for a set aside? I've seen a few posts abut asking for consent to set aside? Or do you I just fill out the N244 with my completed witness statement?

---

I am XXXX XXXX and I am the Defendant in this matter. This my supporting Statement in support of my application dated 31st of October 2019

1. Set aside the Default Judgement dated XX March 2018 as it was not properly served at my current address and order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee;

1. Default Judgement

1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant on the 18th of March 2018. I am aware that the Claimant is Civil Enforcement Limited and that the claim is in respect of an unpaid Parking Charge Notice from the XX March 2017 at 23 High Street Hoddleston EN11 8SX.

1.2 On the 30 of October 2019 I contacted County Court business to find out details of the default judgement. The details sent to me contain sparse particulars of claim, making is exceedingly difficult for me to lodge an effective defence.

1.3. The claim form was not served at my current address and I thus was not aware of the Default Judgement until 30 October 2019, when I had been advised to check my credit report by a financial advisor due to re-mortgaging my property. I understand that this claim was served at, PREVIOUS ADDRESS. However, I moved to a new address at, NEW ADDRESS on the 20th December 2017. In support of this I can provide a solicitor’s completion statement showing the date of completion, confirmation from my employer of my address and confirmation from Chelmsford Council showing my updated details for the purposes of paying Council tax. All documents are attached.

1.4 On 30/10.19 I was unable to contact the Claimant using information given to me by the County Court Business Centre. This PCN was issued to the address of Inchcape Fleet Solutions LTD Portsmouth. My address, the Defendant, was given as XXXXXXXXXX and further notice was supposedly issued as it was believed that I was driving the vehicle at the time and was therefore liable for the PCN. I had been provided a vehicle from Inchcape on lease through my employment. I had moved house in the year it took for the claimant to issue proceedings, in this time they made no contact with me at all despite inchcape fleet solutions, the DVLA and the electoral register all having updated address details.

1.5. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s correct contact details. According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country. This is a topical issue: I note that the Justice Minister The Rt Hon Sir Oliver Heald QC MP announced on the 23rd December 2016 a consultation and information campaign to help protect consumers from debt claims. The consultation will look at ways to; “better protect consumers who are sent mail to inaccurate addresses and verify addresses again before a claim is sent.” The Minister added that “In the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.”

1.6. I have at no time tried to avoid paying for any known debt, and was at all times there to be found by a simple trace. It is submitted that the Claimant should have taken those reasonable steps, and would have known or should have surmised that it was likely that I was not at the old address, given the length of time from the alleged parking charge and the fact that the Claimant was receiving no reply from the Defendant.

1.7. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s correct contact details at the time of the claim.

1.8. Considering the above I was unable to defend this claim. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside and I ask the Court to kindly consider the reimbursement of the fee of £255 from the claimant should this request be successful.

thehopcat123

peter_the_piper wrote: »

Have you checked with the transport manager to find out what they have received , what address they actually have for you and why no correspondence from them to you regarding this?

I've got the copy of the original PCN, they've just send CEL my details, but I've not had anything from them, do I need to contact CEL to ask them to send me all previous correspondence?

Le_Kirk

Where is your draft six-point order? Did you search the forum for other examples?

Submit a SAR to the DPO at CEL. For advice on how to construct SAR see NEWBIE sticky post #2.

thehopcat123

Le_Kirk wrote: »

Where is your draft six-point order? Did you search the forum for other examples?

Submit a SAR to the DPO at CEL. For advice on how to construct SAR see NEWBIE sticky post #2.

Yeah, I did, the above is my first attempt at a six point order - have I got that completely wrong?

I've drafted a letter to send to CEL, tried finding their email in their privacy policy online but couldn't so will send a letter instead

KeithP

I found this in their Privacy Policy webpage:

If you would like to update your records or see a copy of the information that we hold about you, you can contact us at Data Protection Officer, Civil Enforcement Ltd, Horton House, Exchange Flags, Liverpool, L2 3PF or by email at dataprotectionofficer@ce-service.co.uk.

(my emphasis)

peter_the_piper

thehopcat123 wrote: »

I've got the copy of the original PCN, they've just send CEL my details, but I've not had anything from them, do I need to contact CEL to ask them to send me all previous correspondence?

Is this the same address/details as the one when the infringement was supposed to have occurred and you now have? Did you contact CEL at all?

thehopcat123

peter_the_piper wrote: »

Is this the same address/details as the one when the infringement was supposed to have occurred and you now have? Did you contact CEL at all?

So the address on the PCN is to my fleet company, the address they've forwarded on was my current address at the time of the PCN being issued, but not the correct address for the CCJ.

Thanks for the email address I've now sent the SAR