CCJ without my knowledge

Were_Doomed

Is there not a requirement to acknowledge the SAR? (e.g. within 14 days).

nosferatu1001

No, there isn't. 

Sebastian83

Le_Kirk said:

Companies have 30 days to reply to SAR, which you could find if your ask Auntie Google about GDPR and SARs.

That is exactly the reason why I was asking, as the 30 days are over in 3 days... 

Le_Kirk

In which case, after 3 days and you haven't received the data, contact the ICO and complain.  You should send an e-mail to the DPO of the PPC involved and tell them you have reported them to the ICO.

Sebastian83

It's quite funny, 10 minutes ago I now got the reply from Civil Enforcement Ltd.

Unfortunately they didn't send any images or proof of their claim that I was parking longer than 90 minutes. 
They say in the email:

"We now enclose copies of all documentation we hold relating to your personal information, namely:
i. The original PCN (containing the readable version of the information received from the DVLA)
ii. Correspondence from us regarding the outstanding sum owed
iii. Correspondence from the Debt Collection company instructed to recover the outstanding parking charge iv. The Claim form
v. Request for Judgment


Please note we are currently in the process of attempting to retrieve ANPR photos and a copy of the reminder letter from our archives. If we are able to obtain copies, they will be sent to you in due course. Thank you for your patience and understanding."

At least I know now what they exactly claim.
They say I was parking in June 2019 from a Saturday at around 4pm till Monday around 12pm.

As I said earlier my wife is going to this supermarket quite regularly, but has never parked there longer than about 45 minutes. 
I feel as they have checked this now and realised that they made a mistake and therefore say that they don't have photos at the moment? 


Also all the letters they have sent (last time in September 2020) were sent to the address where I don't  live since August 2019. 
The car I was parking with has been sold in December 2019, I had another car registered to my new address from January 2020 till March 2020 and since April 2020 my current car, obviously also registered to my new address. 
It would have been more than easy to find out my right address. 

Were_Doomed

So you now know some of the points for a set aside ... you were there to be found thus their claim filed against an old address was disingenuous (some might say deliberately calculated so as to achieve a default win), and the reason for the PCN was clearly a "double dip" - recording an entrance at 4pm on Saturday and an exit at 12pm on Monday, overlooking at least the exit on Saturday and entrance on Monday. (Who's to say there wasn't a visit on Sunday too?) Unless the car park was right next to your (or her) workplace or your home, there's no logical reason whatsoever for the vehicle to be in a supermarket car park for that length of time.

Coupon-mad

You need to ask them to consent to the set aside and pay the £100 court fee themselves, and drop the claim, because their images will show this was a double visit.  Tell them what is in it for them in consenting to this is, you won't then report them to the BPA, DVLA and ICO for data misuse and won't sue them for compensation.  Add that you are aware of more than one case where consumers have successfully sued CEL for data misuse and given they are currently damaging your credit rating as a result of their system error and failure to carry out manual checks of ANPR data to eliminate the likelihood of two visits (given the in/out were 24 hrs apart) you have suffered both loss/financial detriment and serious distress and intend to seek at least £900 if they fail to resolve this error at their cost.

Give them seven days to reply and add that you are NOT going to be liable for the court fee nor the PCN and want this resolved now by their legal team.

Sebastian83

Hello,

I just wanted to give a quick update in my case:

After I made the application to set aside the judgement on the 24th October last year 2 days ago I got finally a letter from the court. They say that there will be a telephone appointment in the second week of June for my application.

Today I got an email from Civil Enforcement with a "without prejudice offer". They write, that I will most likely lose the case and even if I win, they will proceed with the claim against me.
Their "offer" is that I bear my own cost of the application and pay them the £100 initial fee plus £25 administration costs. If I do this, they will consent to set aside the judgement and discontinue the claim against me.


To be honest, I have no idea what to do anymore. I have now the CCJ since last year September in my credit file and try to fight against it since last year in October and I just want it to be deleted. I am trying to find a new house since January and still didn't find one, as every agency rejects me due to the CCJ. I can't get any credit, no credit card and a couple of months ago I was told by every bank I've tried that I can't open a bank account for my 17 year old son due to my bad credit score, which was one of the most humiliating things I have ever experienced.

On the other hand Civil Enforcement already admitted last year in November that they don't have any CCTV to proof their claim from me parking on this car park and I know for a fact that a) at the time in question I was working, so I couldn't have parked there anyway and b) I know to 100% that my wife has never parked our car there longer than an hour and definitely not for 2 days.

I already paid £265 and was really hoping to get the money back, as I didn't do anything wrong, but then £125 more don't seem too much for just being finally able to have a normal life again.
I really don't know what might be the right decision, but if I would lose the case, I would have to pay £300 more anyway plus have the CCJ for 6 more years.

Umkomaas

Fairly standard CEL pattern. Keep everything on track, meet court requirements and deadlines, let CEL concern themselves with what they have to do to comply. 

Sebastian83

The court didn't tell me anything in the letter, what they want to see from me, just that I have the phone appointment and that it will take approximately 30 minutes.
CEL wrote in their email: "Please be advised that if this offer is not accepted within 14 days of the
date of this letter, we reserve the right to show this letter to the judge on the issue of who should pay the
costs of your application.".