Applying for Set Aside for CCJ with Civil Enforcement Limited

henrik777

Whilst it is admitted that the Defendant was

 the driver in this instance, the mandatory requirements to establish 'keeper

 liability' have not been met and the Defendant is not liable in law.



Keeper requirements mean nothing when the driver is admitted and is the defendant.

The Defendant moved to a new house in November 2017 and updated the DVLA at

 the end of that month. The alleged offence occurred mid December 2017 and it is

 feasible that the DVLA records did not show the correct address at this time.

They could not access the dvla records at that time as they are not allowed to, so it makes no difference what they said. For example, had you scrapped the car they'd show no current address.



The Defendant only became aware of the default judgement upon being refused credit when applying for a mortgage in July/2020. Civil Procedure Rules part 6.9 paragraph (3) clearly states that “Where a claimant has reason to believe that the address of the defendant [..] is an address at which the defendant no longer resides [..] the claimant must take reasonable steps to ascertain the address of the defendant”.


It's your job to put a "reason to believe" to the court so that the claimant has some work to do to persuade the court you are wrong. Whether you submit the time is the problem or have other evidence they knew such as another address used in between times or post returned to sender etc

Castle

henrik777 said:

It's your job to put a "reason to believe" to the court so that the defendant has some work to do to persuade the court you are wrong. Whether you submit the time is the problem or have other evidence they knew such as another address used in between times or post returned to sender etc

I think you mean "claimant" has some work to do.

henrik777

Castle said:

henrik777 said:

It's your job to put a "reason to believe" to the court so that the defendant has some work to do to persuade the court you are wrong. Whether you submit the time is the problem or have other evidence they knew such as another address used in between times or post returned to sender etc

I think you mean "claimant" has some work to do.

Confirmation somebody reads my stuff. My work here is done 

lulu2020

Hi, in your opinion is not being the registered keeper of a vehicle enough of a reason for a set aside? My husband ignored notifications and ended up with a CCJ, a car garage wrongly put his name on the V5 of a car he didn’t own or drive which has subsequently been amended but I presume he still is on the records as having owned it for a few weeks? Your advice much appreciated. CEL are now chasing for non-payment and I don’t know if we should pay up or contest. 

Coupon-mad

Wow, he has a CCJ as a result of what the garage did?  Get them to pay his £255 set aside fee and put them on notice of further costs if he suffers any further detriment - get on with it asap.

D_P_Dance

Under no circumastance try to sort this out on the 'phone.  EVERYTHING on paper.

Le_Kirk

This poster @lulu2020 now has their own thread: -
https://forums.moneysavingexpert.com/discussion/6205759/ccj-pay-up-or-set-aside/p1
Suggest all replies on that one now.