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Civil Enforcement Limited - CCJ Obtained - Wrong adress on letter

Hi  
I’m posting this on behalf of a friend. 

Here is the current situation. 

Today 14/9/2020 a letter was received from civil Enforcement Limited regarding a contravention on 2nd January 2015. The letter is addressed to a previous address that the person has not lived at for a number of years. The letter mentions a CCJ has been obtained but this is the first notification of any action that the person has received?  I believe the only way to proceed now is a set aside which would be a further £155 and further battles in court? Or is there another way as the address on the letter is not current. The letter is dated 10/09/20 and is attached. 

Details of the alleged contravention are totally unknown Apart from where it happened 
«13456710

Comments

  • Coupon-mad
    Coupon-mad Posts: 148,218 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    A set aside costs £255 (court fee - it was £155 a few years ago) and you DO NOT PAY THE PARKING CHARGE, so it's not on top. 

    The person MUST NOT pay off the PCN amount and must NOT phone CEL.  

    They can ask the Judge to award the £255 back to be paid by the Claimant, if they failed to trace the correct address before filing a claim. 

    Read the NEWBIES thread set aside section in the 2nd post of that sticky thread.

    AND - please now make a real difference - A TASK FOR SEPTEMBER.

    The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

    You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

    https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

    You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

    At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

    And we say the added fake 'debt recovery' costs are just double counting the cost of letters, and MUST GO because that is unfair and illegal.

    Please be heard.  You can bet the hundreds of PPCs will be commenting.

    No apologies for repeating this vital 'call for action' to consumers, on every thread this month!


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • RINCO
    RINCO Posts: 76 Forumite
    Second Anniversary 10 Posts
    Hi Coupon Mad

    Thanks - At present would the CCJ show on the credit record? Or is it only after the 21 day deadline mentioned on the letter that this comes into affect? 

    I will comment on your links I hate these firms with a passion. 
  • Coupon-mad
    Coupon-mad Posts: 148,218 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 15 September 2020 at 1:46AM
    It will show as a CCJ, if more than 30 days has passed since the default judgment.   

    The victim needs to ring the CCBC and ask when judgment was entered by default and ask for a copy of the claim form to be emailed to them so they can see what it is all about, and which address the claim form went to.  DO NOT Be fobbed off with that second bit; in order to set it aside the victim needs to see the claim form.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • RINCO
    RINCO Posts: 76 Forumite
    Second Anniversary 10 Posts
    Ok I will pass that on. Thanks a lot 

    If the adress in the claim form is wrong 99% sure this is the case then we have a strong case for a set aside right? 

     And upon reading the newbies thread even if she gives in and pays the black mark will not be removed? 

    I think this person may fall under the free court fees so will get them to look into that also. If so happy days. 
  • Umkomaas
    Umkomaas Posts: 42,884 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If the adress in the claim form is wrong 99% sure this is the case then we have a strong case for a set aside right? 
    Should be automatic. 
    I think this person may fall under the free court fees so will get them to look into that also. If so happy days. 
    A no brainer then.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • CPR13.2 - form was never served. You will need to work out a timeline of events, to show it was unreasonable of CEL to not find your current address before filing. 
  • RINCO
    RINCO Posts: 76 Forumite
    Second Anniversary 10 Posts
    CPR13.2 - form was never served. You will need to work out a timeline of events, to show it was unreasonable of CEL to not find your current address before filing. 
    Agreed. I’m going to send a SAR to civil Enforcement via letter In order for them to present all the letters sent. they’ve cleverly made it really hard to contact them via email Which would be easier of course. 
  • Coupon-mad
    Coupon-mad Posts: 148,218 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    But there are obviously CEL emails all over the forum in other CEL threads...all you need to do is read some and search.

    No letters.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Le_Kirk
    Le_Kirk Posts: 24,144 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    These have been proven to work: -
    office@ce-service.co.uk
    Legal3@ce-service.co.uk
    dataprotectionofficer@ce-service.co.uk
  • KeithP
    KeithP Posts: 41,222 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Le_Kirk said:
    These have been proven to work: -
    office@ce-service.co.uk
    Legal3@ce-service.co.uk
    dataprotectionofficer@ce-service.co.uk
    And it is the last one of those addresses that should be used for a SAR.

    dataprotectionofficer@ce-service.co.uk is clearly stated in their Privacy Policy webpage.
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