CEL CCJ - Trying to appeal. Please help

nosferatu1001

When you called the CCBC and asked them to send you the Particulars of Claim, what did those say? 

Le_Kirk

I would use £170 as per the evidence provided by you on 4th August 10.11 AM.

Sjay0207

nosferatu1001 said:

When you called the CCBC and asked them to send you the Particulars of Claim, what did those say? 

The email from CCBC is 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: XXXX                   TIME IN: 12:39 TIME OUT: 12:53               PCN REF: XXXXXX                       CAR REGISTRATION NO.: XXXX CAR PARK:-     XXXX 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         
So, I assumed £170 as the amount to be put in the draft defence.
Thanks.

nosferatu1001

Yep, clearly £170. 

Coupon-mad

The POC fail to even state the amount of the parking charge.  There is no breakdown, no '£100 plus £70' which I'd say breaches the CPRs on statements of case - off the top of my head, I think it's CPR 16.5.

Sjay0207

Quick update:
Finally, I received a call from the CEL team asking when I moved from the address they had sent all the correspondence to. I gave the date. They asked if I had updated my driving license at that time and missed only V5C. I told them I had updated all my accounts to the new address except for the V5C.
They asked me if I am willing to pay the amount to them and cancel the CCJ. I replied saying I would like to proceed with the court and the person threatened (literally) that in case we lose, the CCJ will continue to remain on our credit report. I told him firmly we would still like to proceed with the case.
Following the call, the DPO team mailed me all the documents related to the PCN. Lookign at the images, it is not clear if I was driving or the other registered driver was behind the wheels. 

Coupon-mad

Fine, they've made their position clear so crack on with a £255 set aside application and mention the above conversation in the preamble at the start of your WS.

henrik777

You should email a brief overview of the call to them so it makes better evidence.

Sjay0207

I finally received all the correspondence from CEL for the SAR request I had sent,
I have also received the Court hearing date. 
The letter from the court states that whoever is responsible for emailing the documents to the court must do it.
My question is I did not have any document related to this PCN. I did not receive even a penalty notice to start with. So, am I responsible to email all the documents, received from CEL (as a reply to the SAR request) to the court?
Thanks.

Ferrybird

CEL would have been notified of the set aside hearing date and therefore they should submit their own witness statement and supporting exhibits to the court (plus a copy to you).

Make sure you don't miss the deadline for filing your WS and exhibits and also offer up a draft defence to show you have a good chance of beating the underlying claim by them.