CEL CCJ - Trying to appeal. Please help

Le_Kirk

Sjay0207 said:

Hi All,
I emailed the N244 form with all the required documents on 6 July 2020. How to check if they have received them. Is there any way to do it online.
Thanks

Presumably you have an e-mail (delivered) receipt?  If so, keep it safe

Sjay0207

Le_Kirk said:

Sjay0207 said:

Hi All,
I emailed the N244 form with all the required documents on 6 July 2020. How to check if they have received them. Is there any way to do it online.
Thanks

Presumably you have an e-mail (delivered) receipt?  If so, keep it safe

Yes, I have an acknowledgement auto reply email.

Redx

Then have some patience whilst they log it sometime in the near future , keep checking daily for a few weeks

Sjay0207

I just received a Notice of transfer of proceedings to a county court near my place. Waiting for the court to send the notice of the time, date and place of hearing.
It was really quick....

Redx

Be months before any court date

s1morgan

Hi, I am in need of help.

I came across this website and have read through many threads but would like to ask for direct help. I have been given a hearing to have a CCJ set aside from CEL. I apologise firstly for what seems to be a very simply explained N244, I am not knowledgable on the correct terms to use, that was until I came across these forums. However it has got me as far a getting a hearing for the 12th August.

N244 states that...

'Dear Judge,

I am writing to discuss with you a recent discovery on my credit file of a CCJ.

Earlier this month i created a profile on Experian so that I could check on my current credit score. After doing so, I was shocked and concerned to realise that my credit score was substantially lower than expected mainly due to an alert that I have an active ‘County Court Judgment' against my name. Information provided shows that this CCJ has been attached to my credit file since 21st May 2018 however this has never been brought to my awareness or been flagged on any other credit checks I have authorised.

After further investigation I have been able to track the reference number provided by Experian to Northampton County Court who informed me the charge has been given against an unpaid parking fine which after being given more information was actually a mistake on the part of the parking enforcement  agency ‘Civil Enforcement Ltd’. 

Having been provided with the time, date and location of the original parking fine issued form the above mentioned company I am able to identify where this has originated from. On the 19th June 2017 I attended the Gym close to my workplace before my shift started. The gym, at the time called ‘Easy gym' now currently branded as ‘The Gym Group’ is located on Unit 1A, Findlay Rd, High Street, Kingsheath, Birmingham, B14 7SN.  When attending the gym I am required to enter my Registration Plate details at the desk which in turn allows customers 2 hours of free parking as part of the terms of my membership. It would seem that despite this and the fact that I have photographic evidence proving i was indeed using the gym at the time the ticket was issued, I have still been wrongfully fined which has then escalated without my knowledge or control due to a lack of process followed by the enforcement agency.

Despite the wrongful issuing of the fine I still feel this could have been resolved amicably had I been notified, however, I must highlight that the company has failed to take the necessary and lawful steps expected of them at all stages. Not only was I not made aware of the original fine at point of issue, but I also did not receive any correspondence relating to the CCJ as a First’ or ‘Final’ notice via email or post. A possible reason for this is due to me having moved house in the midst of these charges being issued to me.  However, I moved house in October 2017 from ’XXX Avenue, XXX, Birmingham, BXX XXX’ to ‘XXX Close, XXX, Birmingham, BXX XXX’ in which time I ensured my address was changed with DVLA and my V5, this had been confirmed as the original address Northampton County Court held when I spoke to them was indeed my old address.

It is extremely disappointing to then now find myself in this position where through no fault of my own I have now and will continue to be negatively impacted and stand to face difficulties in my future when trying to buy a home or seek any other credit. I am a Fire-fighter by profession therefore I consider myself to be trustworthy and honest by nature, had I been made aware of this parking ticket initially or even at an earlier date I would have sought a resolution rather than allow things to get to this point.

As mentioned above I am able to provide the photographic evidence stated as well as any other reasonable proof required in order to have this CCJ removed.

I look forward to your response and suggestions for an amicable resolution.

Yours sincerely, 

Stephanie XXX.'

....3 weeks later I received a letter granting me a hearing on the 12th August. Unexpectedly I then received an email form CEL.

The email states....

'WITHOUT PREJUDICE SAVE TO COSTS'

They noted that several letters was sent to my old address before I moved in October 2017 (which I did not receive) and that there is no record of my vehicle registration being expert from terms and conditions of the parking (again NOT true, as stated in my N244)

They have stated that even if the application is granted they will continue with the claim against me. In the next sentence then they proceed to say..

'However bearing in mind this process can take time and will incur unnecessary cost for both parties, we will consent to setting aside the judgment (to support your record) and discontinue the claim against you if you agree to pay the original fine £60 plus the admin costs we have incurred trying to recover payment of the PCN, limited to £65 (making a total of £125). Each part will hear its own costs of the application. Upon receiving payment, we will provide you with a draft order to file with the court in support of your application.'

I resounded to the email, my email is as follows.

'Dear Legal team on behalf of Civil Enforcements,

Without prejudice response to ‘without prejudice offer’ in response to my application to set aside judgment for claim E0GM00R2.

I refer to the above claim. Thankyou, I am writing to acknowledge your offer but before making a decision on this I want to ensure I have all the information at hand in regards to the claim against me. I’d like to state that liability is denied in full.

You state that my vehicle registration was not exempt from the terms and conditions of parking, however this is incorrect. I entered my vehicle registration details into the terminal inside the Gym (Easy Gym), located at ‘Unit 1A, Findlay Rd, High Street, Kingsheath, Birmingham, B14 7SN’. Which states I am intact exempt for the parking terms and conditions.

You have stated that ‘several’ letters was sent to my previous address, yet I didn’t receive a single PCN, nor did I receive any first or final warning in regards to the PCN and nor did I receive a letter in regards to the claim against me. 

Having not received the above has denied me an opportunity to defend myself at a much earlier stage. In regards to this I would like to request ‘proof of postage’ and ‘proof of delivery’ of every letter/PCN/warning that was sent to me. 

Can these could be supplied to me by the 2nd August 2020.

I look forward to hearing from you

Yours faithfully,

Stephanie XXX'



... I am yet to hear back of them?

What is everyone's thoughts? do I have a chance of winning this if I continue to the hearing and reject the consent offer? Initially I thought let me just pay the £125 but then remembered I have already paid £255... that's £380 out of my pocket I'm paying for a fine I should have never had! I can not justify it, however I know I am someone who will become anxious closer to the hearing date. I struggle to articulate myself well and feel I may crumble, I have never been to court or had to fight anything like this. 

Should I accept the consent offer? 

Since the initial PCN that Gym has changed since then, it is no longer the same company and I have also been made aware that the company who managed the land there for parking has also changed TWICE.

Le_Kirk

Best thing to do is to start your own thread where you will receive bespoke advice, rather than regulars trying to advise two posters on one thread, which can become confusing..

s1morgan

I am struggling to find how I start a new post?

s1morgan

I have created my own thread in regards to my Post. Thankyou

Sjay0207

Hi All,
I finally received a letter from CEL and as you all had mentioned that it will be scary, it is scary, yes.

I know after reading from other threads, you are not advised to pay the amount they have quoted to get the set aside consent. 
My queries :
1. They have mentioned about receiving my address from DVLA. My address on the license was definitely updated to the new one. However, my V5C was not. This has been clearly mentioned in my draft order and witness. Will that pose any problem during the hearing.
2. The letter says I do not deny being the registered keeper ......., but my witness statement clearly states there was another person who was insured . Also, I still have not received any email related to the SAR request I had sent to them on 21st June. So, I am unsure what proof they have to show that I was driving the vehicle at that time. 
I reckon, I should just ignore this letter and donot make any payment to them. Please advice.
Thank you.