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CEL Set Aside
meehsms
Posts: 16 Forumite
Dear Forum Members,
On checking my credit rating, I have discovered a CCJ against me by CEL. It's under my old address and dated May 2017. But I had moved to my new address and got my new address on my driving license in September 2016. So it's clear that they sent the claim/court papers to my old address so I never received it.
I now want to apply for a CCJ Set Aside and having the read the forum and looked at examples, I have the drafted the below. Would someone kindly look at it and tell me if it's fine as it is or do I need to make any changes. And if so, what changes do you recommend.
Thank you so much in advance :-)
DRAFT ORDER
IN THE COUNTY COURT AT: xxxxxx
CIVIL ENFORCEMENT LIMITED (Claimant)
And
MR ********************* (Defendant)
CLAIM No:**********
IT IS ORDERED that:
1. The default judgment dated XX/XX/2017 be set aside.
2. Costs to be reserved.
3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/2020 (what date shall I put?) paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.
4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on XX/XX/2018.
5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.
6. All enforcement be put on hold pending the outcome of the application.
WITNESS STATEMENT
7. I am XXXX and I am the defendant in this matter. This is my supporting statement to my application dated XX August 2018 requesting to:
a. Set aside the default judgment dated XX November 2017 as it was defectively served using an old address.
b. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.
c. Order for the original claim to be dismissed.
DEFAULT JUDGMENT
8. I understand that the claimant obtained a default judgment against me on XXX XXX 2017. However, it was not served at my current address, therefore I was not aware of the county court judgment until I checked my credit rating and found that I have a CCJ against me.
9. I have never received any correspondence from the claimant, therefore I was never able to challenge the original charge nor the judgment.
10. I have never received any correspondence and at no point prior to XX 2017 did I have any contact with the claimant.
11. I believe the claimant has behaved unreasonably by not ensuring they used my correct contact details. According to publicly available information my circumstances are far from being unique. CEL's persistent failure to use correct and current addresses results in an unnecessary burden for individuals and the justice system.
12. I suggest the claimant did not make reasonable enquiries as to my current address before perusing the court order especially considering they had good reason to believe they did not hold my current contact details. Furthermore, considering they received no response from me to their correspondence this should have been a clear indication of the obsolescence of the address XXXX.
13. Considering the above I was unable to defend this claim. Therefore, I believe that the default judgment against me was irregular and I respectfully request it is set aside.
ORDER DISMISSING THE CLAIM
14. I further believe that the original parking charge notice has no merit and should thus be dismissed. The claimant is a parking company which seeks to claim for parking charge notices which the claimant believes are due as a result of an alleged breach of contract for parking by a driver.
15. The claimant has obtained details of the vehicle for which the defendant was the registered keeper and used those details to raise a parking charge notice. I dispute this charge in its entirety as I do not know the wording of the contract nor do I know the means by which the contract was alleged to have come into force.
16. If the claimant can evidence that the alleged incident relates to the vehicle XXXX XXX any notice to keeper issued by the claimant must comply with Schedule 4 of the Protection of Freedoms Act 2012. Otherwise, the claimant is required to prove the driver of the vehicle they claim was involved in the alleged incident. I submit that the claimant cannot provide such evidence and therefore cannot hold the registered keeper of the vehicle automatically liable.
17. A requirement of the Protection of Freedoms Act 2012 is that any notice to keeper must be served within 14 days of the date of the alleged incident. Since I have not received any documentation I submit the claimant has not complied with the requirements of the Act and thus cannot claim this charge against me as the registered keeper in any case.
18. I further submit that the parking charge notice is without merit due to substantial issues in law. This is for the following reasons:
a. Lack of Standing by Claimant: The claimant is not the landowner of the car park in question and will have no proprietary interest in it. This means that the claimant, as a matter of law, will have no locus standi to litigate in their own name. Any consideration will have been provided by the landholder and only they would have been able claim for any damages or trespass.
b. No Contract with the Claimant: Any contract must have offer, acceptance, and consideration both ways. There would not have been consideration from the claimant to the driver. Therefore, there is no consideration from the driver to Civil Enforcement Ltd.
19. On this basis I believe that the claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.
20. In order to make informed decisions and statements in my defence as former keeper of the vehicle I will require copies of all paperwork and pictures of all signs from the claimant.
Statement of Truth:
I believe that the facts stated in this Witness Statement are true.
On checking my credit rating, I have discovered a CCJ against me by CEL. It's under my old address and dated May 2017. But I had moved to my new address and got my new address on my driving license in September 2016. So it's clear that they sent the claim/court papers to my old address so I never received it.
I now want to apply for a CCJ Set Aside and having the read the forum and looked at examples, I have the drafted the below. Would someone kindly look at it and tell me if it's fine as it is or do I need to make any changes. And if so, what changes do you recommend.
Thank you so much in advance :-)
DRAFT ORDER
IN THE COUNTY COURT AT: xxxxxx
CIVIL ENFORCEMENT LIMITED (Claimant)
And
MR ********************* (Defendant)
CLAIM No:**********
IT IS ORDERED that:
1. The default judgment dated XX/XX/2017 be set aside.
2. Costs to be reserved.
3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/2020 (what date shall I put?) paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.
4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on XX/XX/2018.
5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.
6. All enforcement be put on hold pending the outcome of the application.
WITNESS STATEMENT
7. I am XXXX and I am the defendant in this matter. This is my supporting statement to my application dated XX August 2018 requesting to:
a. Set aside the default judgment dated XX November 2017 as it was defectively served using an old address.
b. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.
c. Order for the original claim to be dismissed.
DEFAULT JUDGMENT
8. I understand that the claimant obtained a default judgment against me on XXX XXX 2017. However, it was not served at my current address, therefore I was not aware of the county court judgment until I checked my credit rating and found that I have a CCJ against me.
9. I have never received any correspondence from the claimant, therefore I was never able to challenge the original charge nor the judgment.
10. I have never received any correspondence and at no point prior to XX 2017 did I have any contact with the claimant.
11. I believe the claimant has behaved unreasonably by not ensuring they used my correct contact details. According to publicly available information my circumstances are far from being unique. CEL's persistent failure to use correct and current addresses results in an unnecessary burden for individuals and the justice system.
12. I suggest the claimant did not make reasonable enquiries as to my current address before perusing the court order especially considering they had good reason to believe they did not hold my current contact details. Furthermore, considering they received no response from me to their correspondence this should have been a clear indication of the obsolescence of the address XXXX.
13. Considering the above I was unable to defend this claim. Therefore, I believe that the default judgment against me was irregular and I respectfully request it is set aside.
ORDER DISMISSING THE CLAIM
14. I further believe that the original parking charge notice has no merit and should thus be dismissed. The claimant is a parking company which seeks to claim for parking charge notices which the claimant believes are due as a result of an alleged breach of contract for parking by a driver.
15. The claimant has obtained details of the vehicle for which the defendant was the registered keeper and used those details to raise a parking charge notice. I dispute this charge in its entirety as I do not know the wording of the contract nor do I know the means by which the contract was alleged to have come into force.
16. If the claimant can evidence that the alleged incident relates to the vehicle XXXX XXX any notice to keeper issued by the claimant must comply with Schedule 4 of the Protection of Freedoms Act 2012. Otherwise, the claimant is required to prove the driver of the vehicle they claim was involved in the alleged incident. I submit that the claimant cannot provide such evidence and therefore cannot hold the registered keeper of the vehicle automatically liable.
17. A requirement of the Protection of Freedoms Act 2012 is that any notice to keeper must be served within 14 days of the date of the alleged incident. Since I have not received any documentation I submit the claimant has not complied with the requirements of the Act and thus cannot claim this charge against me as the registered keeper in any case.
18. I further submit that the parking charge notice is without merit due to substantial issues in law. This is for the following reasons:
a. Lack of Standing by Claimant: The claimant is not the landowner of the car park in question and will have no proprietary interest in it. This means that the claimant, as a matter of law, will have no locus standi to litigate in their own name. Any consideration will have been provided by the landholder and only they would have been able claim for any damages or trespass.
b. No Contract with the Claimant: Any contract must have offer, acceptance, and consideration both ways. There would not have been consideration from the claimant to the driver. Therefore, there is no consideration from the driver to Civil Enforcement Ltd.
19. On this basis I believe that the claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.
20. In order to make informed decisions and statements in my defence as former keeper of the vehicle I will require copies of all paperwork and pictures of all signs from the claimant.
Statement of Truth:
I believe that the facts stated in this Witness Statement are true.
0
Comments
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Looks OK except the statement of truth is the old one (see NEWBIES thread 2nd post!).
Have you read at least ten set aside CCJ threads and posts by @henrik777 so that you fully understand the difference between a mandatory set aside, and a discretionary one, and why updating your driving licence was NOT enough?
Read at least ten then come back.Costs to be reserved.Why not: 'Defendants costs assessed at £255 to date, to be paid to the Defendant by the Claimant within 14 days of this Order'?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 THREAD0 -
Is this the same incident as described in your 2018 thread?
If so, why are you still considering a set aside two years later?1 -
Did you update your V5C with the DVLA as well as your licence and if not have you done it since? Your statement of truth is the wrong one, it should be the new longer version - in use since May 2020.1
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Hi @KeithP, yes it's the same one. I had an accident two years ago where I was almost killed after being run over with my own car by two thieves, as I tried to prevent them from stealing my car (unsuccessfully). I've had several surgeries and was in hospital for a few months and then had to go through rehabilitation and PTSD treatment, so never had time to pursue this set aside... I'm doing it now as it's affecting me getting insurance for my business since I have a CCJ...1
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In which case I do not understand your paragraph 8 in your witness statement where you state: -meehsms said:Hi @Le_Kirk, I did update the VBC V5V at the time but I no longer own the car and no longer the registered keeper...was not served at my current addressPresumably it was just a case of bad timing in respect of updating the DVLA and the parking issue.
1 -
I'm not sure why they served it on my old address, it could have been bad timing in between changing the address...Le_Kirk said:
In which case I do not understand your paragraph 8 in your witness statement where you state: -meehsms said:Hi @Le_Kirk, I did update the VBC V5V at the time but I no longer own the car and no longer the registered keeper...was not served at my current addressPresumably it was just a case of bad timing in respect of updating the DVLA and the parking issue.
0 -
Thanks @Coupon-mad : you're right i will change it to say to be paid by the claimant...Coupon-mad said:Looks OK except the statement of truth is the old one (see NEWBIES thread 2nd post!).
Have you read at least ten set aside CCJ threads and posts by @henrik777 so that you fully understand the difference between a mandatory set aside, and a discretionary one, and why updating your driving licence was NOT enough?
Read at least ten then come back.Costs to be reserved.Why not: 'Defendants costs assessed at £255 to date, to be paid to the Defendant by the Claimant within 14 days of this Order'?
I will also check the other threads as you recommended. thank you1 -
DRAFT ORDER:-
"4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on XX/XX/2018." - assume should be XX/XX/2020
1 -
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.
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 THREAD0
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