CEL CCJ - Trying to appeal. Please help

henrik777

1. They can only obtain the address via that method once. If, for example, the car was scrapped the next day and you notified DVLA, they wouldn't get your new address via that method.

2. Meh.

It's up to you whether to pay or not. How important the set aside is, I.E. if a mortgage or job depended upon it v. how important it is not to feel robbed.

Coupon-mad

Follow up the SAR with their DPO email.  Did you send it to the address shown on their privacy page?

I reckon, I should just ignore this letter and donot make any payment to them.

Yes, if you are awaiting a hearing to set aside, that's what you want.

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.

No, because your point is that a parking firm is required to take reasonable steps to locate a consumer before filing a court claim, and if they got no reply to their letters, that was 'reason to believe' you had likely moved and all they needed to do, waas a simple trace before filing the claim.  They failed.

Sjay0207

Coupon-mad said:

Follow up the SAR with their DPO email.  Did you send it to the address shown on their privacy page?

I reckon, I should just ignore this letter and donot make any payment to them.

Yes, if you are awaiting a hearing to set aside, that's what you want.

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.

No, because your point is that a parking firm is required to take reasonable steps to locate a consumer before filing a court claim, and if they got no reply to their letters, that was 'reason to believe' you had likely moved and all they needed to do, waas a simple trace before filing the claim.  They failed.

Yes, I found their Data Protection Team email address - dataprotectionofficer@ce-service.co.uk from their privacy page. I have sent a follow up email to my initial SAR request email.
Thanks for the response. Now, I shall wait to hear from the court regarding the date for hearing.

Sjay0207

Also, I have another question. Please clarify.
The email from the County court regarding the CCJ received was as below :
CLAIM FOR MONIES RELATING TO A PARKING CHARGEFOR PARKING IN A PRIVATE CAR PARK MANAGED    BY THE CLAIMANT IN BREACH OF THE TERMS +     CONDITIONS (T+CS). DRIVERS ARE ALLOWED TO    PARK IN ACCORDANCE WITH T+CS OF USE. ANPR    CAMERAS AND/OR MANUAL PATROLS ARE USED TO    MONITOR VEHICLES ENTERING + EXITING THE SITE.DEBT + DAMAGES CLAIMED THE SUM OF 170.00     VIOLATION DATE: 02/12/2017                   TIME IN: 12:39 TIME OUT: 12:53               PCN REF:XXX                    CAR REGISTRATION NO.: XXXXX CAR PARK:-     BELLEVUE                                                                                  TOTAL DUE- 170.00                            (REF:WWW.CE-SERVICE.CO.UK OR TEL:01158225020)THE CLAIMANT CLAIMS THE SUM OF 181.18 FOR    MONIES RELATING TO A PARKING CHARGE PER ABOVEINCLUDING 11.18 INTEREST PURSUANT TO         S.69 OF THE COUNTY COURTS ACT 1984           RATE 8.00% PA FROM DATES ABOVE TO- 28/09/18  SAME RATE TO JUDGMENT OR (SOONER) PAYMENT    DAILY RATE TO JUDGMENT- 0.04                 TOTAL DEBT AND INTEREST DUE- 181.18         The Due amount is mentioned as £170. 
However, in the letter they had sent they have mentioned 

I have mentioned in my witness that "However, this Claimant routinely claims (as in this case) a global sum of £170 per alleged PCN ". 

As I did not receive any PCN, I am not sure which is the correct penalty charge. If it is £60, I need to update my Witness Statement accordingly. 
Can anyone clarify please ?

Thanks 

Redx

The ntk and signage tell you the actual charge , typically £100 , discounted by 40% to £60 for early payment , usually within 14 days of the NTK issue date

So their £60 offer is more likely to be the discounted early payment and not the daily default tariff of £100

nosferatu1001

Why on earth would their letter scare you?
They are making such an offer becuase they expect you to win your set aside, and get costs against them to the tune of £255, and so even if they win their claim - far from likely - they will still lose out overall. 

Coupon-mad

The parking charge was clearly £100.  Then they routinely add £60.

Sjay0207

Coupon-mad said:

The parking charge was clearly £100.  Then they routinely add £60.

Does that mean I need to change the line in the defence where it mentions "However, this Claimant routinely claims (as in this case) a global sum of £170 per alleged PCN " to £160.
Please advice.
Thank you.

Le_Kirk

Sjay0207 said:

Coupon-mad said:

The parking charge was clearly £100.  Then they routinely add £60.

Does that mean I need to change the line in the defence where it mentions "However, this Claimant routinely claims (as in this case) a global sum of £170 per alleged PCN " to £160.
Please advice advise.

You make it read whatever is shown on the claim form, it is likely to be a round number of either £160 OR £170.

Sjay0207

Le_Kirk said:

Sjay0207 said:

Coupon-mad said:

The parking charge was clearly £100.  Then they routinely add £60.

Does that mean I need to change the line in the defence where it mentions "However, this Claimant routinely claims (as in this case) a global sum of £170 per alleged PCN " to £160.
Please advice advise.

You make it read whatever is shown on the claim form, it is likely to be a round number of either £160 OR £170.

Thank you for the response.
I do not have any PCN or claim form or any documents related to this CCJ. No response yet for the SAR email and followup sent So no idea if the amount is £160 or £170.

.