CCJ Civil Enforcement ltd response to me following my set aside application

DTDutch

Could anyone please advise if CEL has a strong case?
The only evidence they provided are 2 time & date stamped pictures of my car. These pictures are quite zoomed in so its impossible to tell where on this planet the pics of my car were taken. The other evidence is a typed out partial summary of the signage at the car park! No pictures of the actual signage. The summary essentially states drivers must pay £1 for 2 hours.

If they have been able to take a put forward with such limited evidence then Surely ANYONE with a ltd company can then take pics of a parked car at ANY parking location, provide a summary of a ficticious parking sign / contract in order to get money from the registered owner of the vehicle.

Does CEL not have to provide evidence of who the owner of the car park is and provide evidence that they, CEL in the first instance have a right to make a claim on the owners behalf?

Does CEL not have to prove that the driver DIDNT pay £1? Where's their evidence of non payment? They as a company should have records from 2017 to prove that the driver didnt pay, should they not? It seems unreasonable to me however to expect the driver as individual to have a record of EVERY occasion where they paid for parking going back 3 years.

I also made an error in my original post. The name of the car park is SERVICE ROAD, AVEBURY BOULEVARD. That's the name of the car park neither CEL or I could find.

I don't have any knowledge of these things but I am surprised that the judge wants to grant them a hearing..


Thanks

Coupon-mad

DTDutch wrote: »

No.. I didn't mention costs. I applied for help with help fees and was given a number to put on the N244 form. I assumed this meant I didn't have to pay for the court fees?
Does the second hearing incur additional court costs?

Not for you, unless you lose and are ordered to pay their £50 court fees and the PCN!

All of your questions are things you will cover in your defence, and that they will have to produce in their WS before the hearing.

For now, send them a SAR if you have not already emailed that to CEL.

DTDutch

Thank you, I submitted a SAR last year which was when CEL only produced copies of invoices and letters they had sent but failed to include call recordings and letters received from me. Judge at the set aside hearing stated that the information commissioner deals with SAR complaints I'll send another SAR to CEL and if they fail again to include everything, I'll complain. Not sure if their calls are recorded though..


Will I have to submit my defence before CEL submits their WS (does this stand for witness statement?)?

Do you know how long it takes for a CCJ to be struck off from this point? Cant even get a phone contract atm

Thanks

DTDutch

Hi, just received a letter from the court with directions.

I'm in Africa for a wedding from 15th to 26th Feb. How do I ask the court to extend the date my defence is due?

CEL have to submit their particulars of claim by 7 Feb and my defence in turn is due on 21st Feb.

I dont feel that I will have sufficient time between the 7th and the 14th to confidently prepare a defence.

Thank you

Le_Kirk

You write to the court and ask for a deferment? I have read though, that sometimes you can be unlucky. Surely your defence is what it is, how will it be affected by the WS of the claimant? You could submit it before you go away.

DTDutch

Thank you. I will write to the court.

It's just that with CEL being adamant they want to pursue the claim, I was thinking that they may have more evidence (for which I'd have to prepare a defence) than the evidence they initially produced, which were the 2 ANPR pics and a partly typed out summary of the parking sign. Cant think of any evidence they may have though.. think I'm just very nervous.

Thanks

Coupon-mad

Write and post a letter really quickly to the Judge by name and ask politely, and attach evidence of your flights, and state that you are sending the same to the Claimant in the interests of open dealing. Due to the dates of the Wedding trip, you will be available to read the claimant's submissions an then work on and file & serve your defence, by the end of the week commencing Monday 2nd March and you hope the Judge will kindly advise if this is acceptable.

DTDutch

Thank you. I'll hand deliver to the court on Monday.
Is this polite / written well enough?

*********
Milton Keynes County Court
(FULL ADDRESS)

Date

Case reference XYZ

Re: Request for a deferment of the defence statement due date


Dear Judge XYZ,

I would like to please ask for an extension for the date by which I am required to submit my defence in case number XYZ

Your directions stipulate that my defence must be submitted by 21st February 2020.

However I have booked flights to attend my sister's wedding in Africa. The outbound flight is on Saturday 15th February 2020 with a return flight to arrive in the UK on 25th February. I have enclosed evidence of the flights to this letter.

Due to the dates of the wedding trip, I will be available to read the claimant's submissions and then work on and file & serve my defence, by the end of the week commencing Monday 2nd March!2020.!

I would be grateful therefore if you could please grant a deferment.

I look forward to hearing from you.

Yours faithfully
XYZ

Le_Kirk

I would adjust it to make it clear that you had already booked flights BEFORE you knew of the deadlines - if true.

DTDutch

Alright thank you. I'll do that. I'll use screenshots of the email confirmation of the booking so the Judge will be able to see when the confirmation was received which hopefully will be sufficient evidence that the flights were booked in October '19