Received a CCJ. Due to a parking ticket that was posted to old address. CEL

jodiddy11

Thankyou. I think we will try to contact CEL for a consenting set aside. If they disagree - We will probably go for the mandatory set aside. Will try to find more info from the site during our process. Is it true that if we get a mandatory set aside. The original fine will stand. Will I then just have the opportunity to pay this and move on from this fiasco? 
Many thanks for all your help. 
Joanne 

Coupon-mad

Is it true that if we get a mandatory set aside. The original fine will stand.

There was no fine.  But yes (mandatory or discretionary set aside, either will do). The claim won't end until they discontinue or you win in court, as we pretty much always do v CEL.  This is a tried & tested  set of steps and hardly needs searching for.

It's in the NEWBIES thread where you can just hit Control & F on your keyboard and put in 'CCJ'!

Will I then just have the opportunity to pay this and move on from this fiasco?

WHY, WHY, WHY would ANYONE think they need to pay? You then win or they discontinue! This is simple and it is then scam over. You know CEL's email addy as (if not already on your thread) it's all over the forum in other CEL set aside threads. WHERE NO-ONE HAS PAID CEL.

jodiddy11

Dear Civil Enforcement LTD (CEL)

On (said date) you issued a county court claim against me to recover the outstanding amount for an unpaid ticket relating to a parking event that took place sometime (I assume) in (said date)

To do so you attempted service at (old address), an address I moved out of on the (date i moved)

After obtaining an address from the DVLA and receiving no response from myself, CEL concluded that I lived at this address. At no point did I ever receive or respond to any correspondence sent by CEL to this address, (because I no longer lived there) which leaves the question as to why CEL believed this would be my current address.

In addition, I took out a mortgage and a loan at around the same time with my current bank XXXXX, both before the CCJ was served at my old address. My mortgage was taken out onXXXXX(we assume, after the parking event as we received no ticket either) the loan in XXXXX (we assume after the event but before the CCJ was served). My current account, mortgage and loan were registered at my current address. I was not hiding and could have been easily found if CEL had taken reasonable step to do so.

For this reason it is clear that the claimant CEL failed to take reasonable steps to ascertain the address of the defendant’s XXXXX current residence XXXXXX

As service was defective and not valid, the court must set aside your judgment pursuant to CPR 13.2

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.2

Cases where the court must set aside judgment entered under Part 12

13.2 The court must set aside a judgment entered under Part 12 if judgment was wrongly entered because–

(a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied

Conditions to be satisfied
12.3

(1) The claimant may obtain judgment in default of an acknowledgment of service only if –

(a) the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and

(b) the relevant time for doing so has expired.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part12#12.3

The relevant time for filing an acknowledgement of service

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part10#10.3

The period for filing an acknowledgment of service
10.3

(1) The general rule is that the period for filing an acknowledgment of service is –

(a) where the defendant is served with a claim form which states that particulars of claim are to follow, 14 days after service of the particulars of claim; and

(b) in any other case, 14 days after service of the claim form.

(2) The general rule is subject to the following rules –

(a) rule 6.35 (which specifies how the period for filing an acknowledgment of service is calculated where the claim form is served out of the jurisdiction under rule 6.32 or 6.33);

(b) rule 6.12(3) (which requires the court to specify the period for responding to the particulars of claim when it makes an order under that rule); and

(c) rule 6.37(5) (which requires the court to specify the period within which the defendant may file an acknowledgment of service calculated by reference to Practice Direction 6B when it makes an order giving permission to serve a claim form out of the jurisdiction).

If the claim form was not served (or validly served as some may put it) the time limit for acknowledging service has not begun. If it hasn't begun it can't have expired. If it hasn't expired that is a mandatory set aside.

This is on point with the court of appeal in Dubai Financial Group Llc v National Private Air Transport Services Company (National Air Services) Ltd [2016] EWCA Civ 71 (09 February 2016)

Moreover, I do not consider that the CPR presents an obstacle in the circumstances of this case to setting aside judgment. CPR 13.2 provides that the court must set aside a default judgment where any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied. The latter provision does not apply, but the former is relevant. CPR 12.3(1) states that a claimant may obtain judgment in default of an acknowledgment of service only if (a) the defendant has not filed an acknowledgment of service or a defence and (b) the relevant time for doing so has expired (my italics). I accept Mr McLaren's argument that, when an order for retrospective validation of an alternative method of service has been made pursuant to CPR 6.15(2) the relevant time for filing an acknowledgment of service is the period which the court must specify under CPR 6.15(4)(c). Where, as in this case, the court did not specify any such time there can be no relevant time which has expired for the purposes of CPR 12.3(1). If this analysis is correct the requirements of CPR 12.3(1)(b) have not been satisfied and so the court is obliged to set aside the default judgment pursuant to CPR 13.2(a).

I do not see it as a draconian consequence that a judgment, obtained after deemed service has been effected without specifying a time for that service to be acknowledged, should be set aside as of right in such a case. I agree that CPR 13.2 specifies the circumstances in which a default judgment must be set aside and in my judgment one of those circumstances is when judgment is entered in default of an acknowledgment of service when "any of the conditions in rule 12.3(1)…was not satisfied". Here one such condition was not satisfied, namely the time for acknowledgement of service had not expired, because none had ever become applicable.
This, to my mind, is not "playing technical games" (c.f. the passage from the Abela case, cited at paragraph 11 in the judgment of Longmore LJ). It is merely applying the principle that due process should be followed. If a defendant has never become under a valid obligation to acknowledge service, either as specified under the rules or by order of the court, I do not see how it can be that a judgment can be entered against him in default of such acknowledgment. He is simply not in default at all.

In light of the above, and the over riding objectives (CPR 1) I invite you to consent to a mandatory set aside, with the costs bourne by yourselves which will be cheaper than obtaining the same result without consent.

If you would like me to provide a copy of my mortgage and loan documents as to when they were taken out I can do so.

Please respond within 7 days.

Kind regards,

jodiddy11

Hi Guys, So i am going to send this to CEL - Is this the kind of thing I must be stating?

henrik777

First line needs some work as it almost sounds like you DO owe them !

Also any further information that shows they knew such as the new occupier returned mail etc if possible

jodiddy11

Thanks Henrik. We didn't redirect mail unfortunately. So annoyed at this now. Not sure when the house sold after we left but our old landlord probably wouldn't have 'returned to sender' i don't think
.. 
😭

Coupon-mad

OK, so just remove this:

to recover the outstanding amount for an unpaid ticket

and remove this:

If you would like me to provide a copy of my mortgage and loan documents as to when they were taken out I can do so.

And beef this up:

Please respond within 7 days.  Failure to resolve this dispute with urgency - or an insistence upon me paying the unfair parking charge as a condition of consent, which is unacceptable - will lead to me applying to the court for a contested set aside application.  I will also ask the court to order that Civil Enforcement Ltd repay the £255 fee to me when the CCJ is set aside, and to strike out the claim for abuse of the court process.

jodiddy11

Coupon. Will do..thanks. 

jodiddy11

dataprotectionofficer@ce-service.co.uk.
This is the Email Address i have for CEL- Obviously no phone lines open since Covid - should i send it here ? Or is there another address?
I have made the necessary changes to the above statement. 

jodiddy11

Also, another question (sorry)?, from what I've read on the forum  - When sending off the N244 do I send my Defense at that point or just the above letter what I (will) have sent to CEL - Additinally, Do i need to do a separate Witness statement?
Truly sorry if i am not understanding it all properly - I have read loads and am slowly understanding certain aspects of the whole process - I understand it must be frustrating for you guys to have to always repeat yourselves. 
I appreciate all the advice and Info on this site. Just wish Id have come here sooner :-(