CEL CCJ - Trying to appeal. Please help

Sjay0207

Sjay0207 said:

nosferatu1001 said:

Have you contacted CEL to ask about set aside with consent, warning them that you will go for without consent if they dont agree? 
If not, then you do need to do that..

I have just requested for SAR. I have not contacted them. I shall try to contact their appeals section today. May be send an email as their advice line is not operational currently.

Thanks again !!

OK.here it is!!! I just checked their website and there is no email address to contact them other than their DPO email address. Their advice lines are temporarily closed. Only their payment lines are open. So, will it be okay to email their DPO email address and will it be considered valid. 
Please advice.
Thanks.  

nosferatu1001

Advise

Yes, but I would head it up URGENT CCJ CONSENT ORDER REQUIRED - PASS TO LEGAL TEAM to hope it bypasses
Remember
Your duty to apply promptly has been running for a while now. No more delays. 

Sjay0207

nosferatu1001 said:

Advise

Yes, but I would head it up URGENT CCJ CONSENT ORDER REQUIRED - PASS TO LEGAL TEAM to hope it bypasses
Remember
Your duty to apply promptly has been running for a while now. No more delays. 

Thanks. I shall email their DPO team.
Do I have to elaborate on the case or just give the PCN number with short details mentioning I have not received any PCN, notices or any other relevant documents related to the case right from the start. I found out about the CCJ recently and I am in the process of setting it aside.  Will this be ok?
Thanks

nosferatu1001

Think about what youre trying to achieve here!
You are informing them that
- they filed a county court claim against an address that, for the following reasnos..... they knew or should have known was not a good address for service
- they obtained a judgement in default of acknowledgement of service however, as the claim was never properly served, the period in which to acknowledge never commence and so their application for a judgement in default was an abuse of process
- you are entitled to a mandatory set aside under CPR13.2 and, as the claim form wasnt served within 4 months of being issued, the claim must instead be struck out. 
- You will be seeking a set aside of this CCJ 5 days after service of this email. 
_ You require them to consent to this set aside, and for them to agree to pay the £100 cost of the set aside, in order to minimise costs to all involved and to not waste your or their time with a hearing. 
- if they do not agree to such a set aside within the time limit, you will apply for a set aside without consent, at a cost of £255, and tyour draft order will include that this cost is repaid by the claimant in full, alongside your costs for attending the set aside hearing. 
I would provide them a copy of the draft CONSENT ORDER as well, 
This is much like a normal draft order except it states that parties A and B consent to the set aside...
Obviously rewrite teh above. 

Le_Kirk

Notwithstanding the sound advice by @nosferatu1001 above, you submit a SAR (Subject Access Request) separately to the DPO (you have the e-mail address) with a copy of your V5C requesting all data pertaining to you and your car.

Sjay0207

Le_Kirk said:

Notwithstanding the sound advice by @nosferatu1001 above, you submit a SAR (Subject Access Request) separately to the DPO (you have the e-mail address) with a copy of your V5C requesting all data pertaining to you and your car.

I have requested for a SAR on 21st June. I do not have the car now, so no V5C either.

Sjay0207

@nosferatu1001
Does the below draft Consent Order and a defense to send along look good ???

CONSENT ORDER

_______________________________________________________________________

CLAIM No: XXXXXX

BETWEEN:
CIVIL ENFORCEMENT LIMITED (Claimant)
-- and --
XXXXXX
--------------------------------------------------------------------

Upon the Defendant asserting he did not receive a PCN, related documents / notices, Claim Form.

And upon the parties having reached a settlement by consent.

BY CONSENT IT IS ORDERED THAT

1.     The default judgment dated on 28/09/2019 be set aside

2.     The Claim be dismissed.

3.     There be no order as costs.

DATED: ____________

 We hereby consent to an Order in the above terms

 

-------------------------                                                                              --------------------------------

DEFENSE TO BE SENT ALONG

I, the Defendant, was the registered keeper of the registered vehicle XXXXX

I deny that I am liable to the Claimant for the entirety of the claim for each of the following reasons:

1.     The fact that I only learned of the default judgment on 10 Jun 2020 shows that the Claimant had not adhered to CPR 6.9 (3) in taking reasonable steps to ascertain my current address when they had reason to believe that the address they were sending documentation to me was one I no longer resided at. As the Claimant received no response from me to their correspondence, the Claimant had reasonable cause to question whether they were using an accurate address.

2.     I have not ever received any previous documentation from the Claimant in this matter and I thus was never able to properly challenge the Claimant’s claim.

3.     In addition, the Claimant obtained a judgement in default of acknowledgement of service however, as the claim was never properly served, the period in which to acknowledge never commence and so their application for a judgement in default was an abuse of process.

4.     On the basis provided above, I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim.

5.     I am entitled to a mandatory set aside under CPR13.2 and, as the claim form was not served within 4 months of being issued, the claim must instead be struck out. 

6.     I will be seeking a set aside of this CCJ within 5 working days after service of this email. 

7.     I require them to consent to this set aside, in order to minimise costs to all involved and to not waste my or their time with a hearing. 

8.     If they do not agree to such a set aside within the time limit, I will apply for a set aside without consent, at a cost of £255, and my draft order will include that this cost is repaid by the claimant in full. 

 

Signed ...............................
Name  ...............................
Date: ------------------------------   

Comments please.

Thanks

Le_Kirk

Sjay0207 said:

Le_Kirk said:

Notwithstanding the sound advice by @nosferatu1001 above, you submit a SAR (Subject Access Request) separately to the DPO (you have the e-mail address) with a copy of your V5C requesting all data pertaining to you and your car.

I have requested for a SAR on 21st June. I do not have the car now, so no V5C either.

Usual proof of ID presumably submitted (Council tax utilities bill, bank statement (all redacted)), NOT passport or driving licence.

Sjay0207

Sjay0207 said:

@nosferatu1001
Does the below draft Consent Order and a defense to send along look good ???

CONSENT ORDER

_______________________________________________________________________

CLAIM No: XXXXXX

BETWEEN:
CIVIL ENFORCEMENT LIMITED (Claimant)
-- and --
XXXXXX
--------------------------------------------------------------------

Upon the Defendant asserting he did not receive a PCN, related documents / notices, Claim Form.

And upon the parties having reached a settlement by consent.

BY CONSENT IT IS ORDERED THAT

1.     The default judgment dated on 28/09/2019 be set aside

2.     The Claim be dismissed.

3.     There be no order as costs.

DATED: ____________

 We hereby consent to an Order in the above terms

 

-------------------------                                                                              --------------------------------

DEFENSE TO BE SENT ALONG

I, the Defendant, was the registered keeper of the registered vehicle XXXXX

I deny that I am liable to the Claimant for the entirety of the claim for each of the following reasons:

1.     The fact that I only learned of the default judgment on 10 Jun 2020 shows that the Claimant had not adhered to CPR 6.9 (3) in taking reasonable steps to ascertain my current address when they had reason to believe that the address they were sending documentation to me was one I no longer resided at. As the Claimant received no response from me to their correspondence, the Claimant had reasonable cause to question whether they were using an accurate address.

2.     I have not ever received any previous documentation from the Claimant in this matter and I thus was never able to properly challenge the Claimant’s claim.

3.     In addition, the Claimant obtained a judgement in default of acknowledgement of service however, as the claim was never properly served, the period in which to acknowledge never commence and so their application for a judgement in default was an abuse of process.

4.     On the basis provided above, I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim.

5.     I am entitled to a mandatory set aside under CPR13.2 and, as the claim form was not served within 4 months of being issued, the claim must instead be struck out. 

6.     I will be seeking a set aside of this CCJ within 5 working days after service of this email. 

7.     I require them to consent to this set aside, in order to minimise costs to all involved and to not waste my or their time with a hearing. 

8.     If they do not agree to such a set aside within the time limit, I will apply for a set aside without consent, at a cost of £255, and my draft order will include that this cost is repaid by the claimant in full. 

 

Signed ...............................
Name  ...............................
Date: ------------------------------   

Comments please.

Thanks

Typo -
The default judgement dated on 28/09/2018 be set aside.

henrik777

There is no duty to use your current address.

It's a tricky subject so i will attempt to give my opinion in a simplistic form.

If they have an address then there has to be a reason to believe that it is no longer valid before they have to take a few steps before they can use it as a last known address.

They have to take reasonable steps to find you.

If they don't find you, they should consider if there are other ways to serve you, and if so, apply to the court to allow it.

If everything else fails, they can use a last known address.



There is a lot written about service by far more intelligent and legally knowledgeable folk than me, but i'd simplify it broadly like that.



Secondly, why are you willing to write of the application costs if they consent ? (not that there aren't legitimate reasons to do so, but i'm curious why you are doing so)