CCJs (x2) discovered after credit check from Parking Eye and Civil Enforcement

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

cyhb

Thanks for these pointers - so i need to get to work on the 'ORDER DISMISSING THE CLAIM' section of my WS.

Will I need to do a SAR with both companies for this and wait for the paperwork so that I have all the correct information in order to do the WS properly when submitting it with N244?

Although I have some paperwork for P/Eye I don't have the original PCN etc - so I have NO IDEA about this alleged offence.
CEL I have no paperwork at all, but I have inferred from my Google Timeline what has happened (and the repeated mistake made by my partner).

Just trying to understand the most time effective approach for this.

nosferatu1001

Order is simple - there's a draft 6 point for you all over this forum. 
No. You cannot wait for a SAR. They can take 30 days. Send one anyway, of course - to the PPC(s) involved - but thats for the defence and WS assuming the claims are set aside. 

cyhb

Ok I see. So at this stage I don't need to attach the WS to N244?
ONLY the DRAFT ORDER?
Thanks!

Coupon-mad

If you have no idea about the PCN then say so in your WS and change your draft order for the claimant to be required, should they seek to start the process again to the correct postal address, to send a copy of the contravention photos and a copy of the sign ('the contract' they rely on) and a new N1 claim, because the original one is 'dead' (4 months haveing passed between when they raised the claim and failed to properly serve it).

Make sure both of their DPOs are emailed not just a SAR, but also a rectification notice about your old and new addresses, so they don't send anything to the old address again even after the CCJ is set aside.

nosferatu1001

No. I did not say NOT to attach a WS. You MUST attach a WS. THis is absolutely crystal clear
The WS is about the reasons why you  should be granted a set aside
It is NOT the same as a WS for a hearing, whcih is about why you are not liable for the Claim. 

Two completely different subjects. 

cyhb

Ok - I'll work on thse things now and post the new version shortly. Thanks again

cyhb

nosferatu1001 said:

No. I did not say NOT to attach a WS. You MUST attach a WS. THis is absolutely crystal clear
The WS is about the reasons why you  should be granted a set aside
It is NOT the same as a WS for a hearing, whcih is about why you are not liable for the Claim. 

Two completely different subjects. 

That makes more sense - thanks. I was getting confused as many others have had a 2nd section in the WS about why the original claim should be thrown out. In the WS I posted, right at the beginning paragraph b. 'Order fo the original claims to be dismissed'  - which I obviously copied from other examples - should I then still leave this in, even if I don't have a section in the WS for this 'order to dismiss original claim'?

nosferatu1001

You can do that - just talk about reasonable belief that... if you are unsure. 

cyhb

Does this work?

DRAFT ORDER
IN THE COUNTY COURT AT: ________
PARKING EYE LIMITED / CIVIL ENFORCEMENT LTD (Claimant)
And
MR NAME NAME NAME
CLAIM No: XXXX

IT IS ORDERED that:

1.     The default judgment dated XX/XX/20XX be set aside.

2.     Costs assessed at £255 plus the Defendant’s cost to attend the hearing and the relevant litigation in person costs.

3.     Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on __/__/2020, the claim shall be struck out.

4.     Should the Claimant seeks to start the process again to the correct postal address, the Claimant shall send a copy of the contravention photo and a copy of the sign and a new N1 claim (as more than 4 months have passed between when the Claimant raised the claim and failed to properly serve it).

5.     If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on __/__/2020.

6.     All enforcement be put on hold pending the outcome of the application.