cel ccj set aside - 14 days to file defence

1505grandad

Suggested template defence to adapt for all parking charge cases where they add false admin costs posted 26.2.20 by Coupon-mad with instructions:-

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

Coupon-mad

It's not in the newbies thread.

Mh79

Coupon-mad said:

It's not in the newbies thread.

Hi we used your defence and the judgement has been set aside. We're at the stage of filing in the n180 directions questionnaire. I take it we don't want mediation at this point and just send this back and to cel?  When is the court likely to dismiss is at all?

nosferatu1001

Newbies thread already has the answer to that question!
We cannot tell you ANYTHING about when a court may dismiss something. We just cant. They know, we dont, and we have no way to fnid out .

Mh79

We've also received the sar now and the original PCN has no pofa wording. Does this mean they can't hold the keeper liable?

nosferatu1001

What do you mean by "no pofa wording"? Do you mean you have checked the NtK against the requirements of POFA and found they missed in the follwoing areas..... ?
If so, then yes of course that means theyc annot hold a keeper liable. The driver may still be, of course. 

Mh79

Update: we won on a technicality. We sent the directions form back but the PPC didn't so the judge kicked the case out.  We didn't get awarded costs tho, which is disappointing. Would anyone recommend an MCOL claim against the PPC (civil enforcement)?

Coupon-mad

Well done - ANOTHER CEL ONE BITES THE DUST!

You can try a claim against CEL but you'd have to break down your calculations clearly, and cite the applicable laws, and send a LBC first.

Only costs £35 to file a claim on MCOL for between £300.01 to £500, which could include:
- your set aside fee and costs wasted on attending the CCJ hearing;
- breach of the DPA for misuse of your data;
- a sum for distress caused by the CCJ (even if actual loss wasn't caused by something like being denied a good mortgage rate or tenancy or loan offer?), where the Claimant was found to be at fault for not taking the necessary steps to find you at your current address (easy with a trace or social media checks, looking at the Council tax public register if you were on it, etc).

So why not tot it all up to £500, then send them a Letter before Claim, giving them, say, 21 days to respond.  Then file a claim and add the court fee to the £500.

D_P_Dance

As  CM  says, it does not cost a fortune, but it could cost them £££ to defend.  I am all in favour of handing theses scammers a does of their own medecine.

https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim

nosferatu1001

Well done. A wins a win

sue them fir your damages. Set aside fee is a damage