CCJ without my knowledge

Redx

You could ask the CCBC to email a copy of the original court claim to you and check it for that elusive PCN reference and the VRM of the vehicle , plus that CCJ reference , the claim reference should have allowed them to trace the details

But you are right because you are the data subject and you could complain to the ICO because CEL should be able to trace you , same as they should have done before issuing the court claim. I am surprised that they cannot use the CCJ reference plus your name !!

Umkomaas

As you've started a process that could potentially cost CEL £100/£255, don't expect them to be bending over backwards to help you!

Sebastian83

Ferrybird said:

First you are applying to the court to have the CCJ set aside. As @Coupon-mad explained you have two chances to persuade the judge to do this. The first is a mandatory set aside under civil procedure rules- i.e that the PPCs claim form was improperly served at an incorrect address.

 If the judge is not persuaded that you have reached the threshold for a mandatory set aside then you can try argue for a discretionary set aside. For this you need to have acted promptly after finding out about the CCJ AND have a realistic chance of defending the underlying claim by the PPC (e.g poor signage, you actually paid etc). 

Although at the first hearing you will not be defending the claim as such, it's a good idea to have a draft defence to show the judge that you can defend the claim.

If the CCJ is set aside the PCN does not automatically go away- essentially the court process goes back one step.

Read my thread as it's about a set aside and hopefully you will find the advice I was given helpful. 
It sounds very confusing and complicated but the more you read the more it makes sense. 

As promised I have read your whole thread now and I found a lot of very useful information in there. Thank you for that.
If you don't mind I would like to use your application as a template and change just some parts.
I am planning to write and send the application tomorrow, so I need to think today about what arguments I can add that support my application. 

I will point out that no letters have been served and will attach copies of my driving license, updated with DVLA shortly after moving to my new address, council tax bills,  utility bill etc to give the proof that letters have been sent to my old address. 

Then I will write that I can't defend the claim as I do not know what exactly the claim is at the current point, but that I have already contacted the claimant and the court to get all the information necessary and will be more than happy to provide a defence as soon as I have all the information.

Also I will say that I have acted promptly after finding out that a CCJ has been entered. 

Then I think about adding that I was the keeper of my previous and current car, but not the only driver. 
In fact I think it's likely my wife was the driver as she has the car from Monday to Friday and even on Weekends I don't drive a lot. But obviously I don't wanna tell them that my wife was the only other driver, so I would just point out that my car is not only used by me. 


Does all this makes sense or have I forgotten something?  

Coupon-mad

You do know the VRM of your vehicle...give them that.  If you owned more than one, give them and say you have no PCN number, only a claim reference but given that CEL file claims in-house, you suggest the DPO simply needs to ask Scott Wilson's legal team if they want the PCN number too.

Given that this involved a claim that was filed by CEL in-house, you will of course require a copy of the claim form and particulars anyway as part of the SAR because all such documents include your personal data.

Sebastian83

I just started filling out my application and have a few questions.
It says on the top "Name of court". I reckon this is just "County Cort Business Center"?

Then it says claim no.
Now I'm a little bit unsure what to put in. I have checked my credit score on two different websites and have two different numbers. On Money Supermarket it says "Case ID" and starts with a 2. On Transunion it says "Case Number" and starts with a G.
Which one should I put in?

Claimant's name would be "Civil Enforcement Ltd" and Defendant's name is me, right? What exactly is meant by "including ref."?

Then questions 4 till 9 are confusing me completely, what exactly do they want to hear?

And with number 10, do I have to tick all three boxes? And my declaration I write into the box under number 10 and on a separate sheet and attach all the evidence like council tax bills, driving license,...?


Sorry to bother again, I just want to make it right.

Ferrybird

I managed to fill mine in by googling "how to fill in n244"- then reading a few sites for guidance.
The court is the your local court where you want the case to be heard.
The claim number can be given to you by the CCBC if you call them.

D_P_Dance

Unfortunately that course of action is far too difficult for some who come here.

Sebastian83

D_P_Dance said:

Unfortunately that course of action is far too difficult for some who come here.

Yes, I really try my best, but I'm just struggling to do this application correctly.

I have asked a local solicitor for help and this was the reply today:

"Thank you for your email.

 

We charge a fixed fee of £550.00 plus VAT to deal with an application to set aside judgement.  There is also a court fee payable to issue your application of £255.00 and if the matter is listed for a hearing an advocacy fee of £135.00 plus VAT.

 

Please let me know if you wish to proceed with this matter and if so, provide the information I have requested.

 

I look forward to hearing from you.

 

Kind Regards"


This is absolute madness. I can't even afford paying the fine itself.

Sebastian83

Ferrybird said:

I managed to fill mine in by googling "how to fill in n244"- then reading a few sites for guidance.
The court is the your local court where you want the case to be heard.
The claim number can be given to you by the CCBC if you call them.

I've just read this online:

"Filling in the N244 form

Name of court

This should be the court where the hearing will take place. If the case has already been heard in court, then this should be the court where these proceedings are currently taking place or have most recently taken place."

Does this not mean I have to fill in the County Court Business Centre, as this was the court that has already entered the CCJ?

Coupon-mad

You can put your local court and send the form to your local court if you want.