CCJ parking fine support

jayM_2

Hi all,
On 11th October 2020 following a credit file check, I found out that I have a CCJ for a parking fine from CEL. This is the first time I found out about this CCJ which occurred in May 2017 and the judgement was in May 2018. To cut a long story short and following common points on other threads, I have documented some of the key things below:
1. The parking fine was for attending a hotel without booking in at the hotel. From the judgement, it looks like it was via an APNR.  
1. I forgot to change my V5C and driving licence when I moved house and the "supposed" letters from CEL for the parking fine where sent to my old address. 
2. I was the registered keeper but I was not the driver and I am unable to prove this. At the time, there are two people on my car insurance and I can prove that. 
3. I no longer own the car that the parking fine is under, I sold it a few years back. 
4. By the time the judgement was made I had changed my driver licence and V5C as I needed to sell the car. 

To conclude and following the advice from other threads, I think I have a case based on the fact that they have behaved unreasonably in pursing a claim against me with out ensuring they held my correct details. I am not trying to avoid the fine as I understand the driver adhere to the hotel's requirements however, as I did not receive this CCJ as it went to an old address, I would like the CCJ to be set aside. Do you think this is reasonable? 

From my research from other threads, I believe I need to do the following however, I am getting a little confused and depending on which threads I read, it varies:
1. Contact the CCBC to get an understanding of the CCJ [Complete - obtained on 12th Oct]
2. Send SAR to CEL and DVLA [Complete - sent on 19th Oct and I have received the info from the DVLA]
3. Create a consent order and send to CEL [Complete - this week]
4. Wait 5-7 working days for CEL's response [Still waiting]
5. In parallel to point 4, draft an order and witness statement and send N244 form (including payment) [early next week]. In addition to the draft order and witness statement, do I need to include a defence at this stage? I am also happy to share my draft order and witness statement. 
This has taken a little longer as I am trying to get my evidence in place as I need to contact my old landlord to get my tenancy agreement as I moved house again as I want to prove proof of address at the time of offence and the judgement.  
6. Wait for the N180 form and complete ASAP 
7. Write up my defence, this is where I get confused, am I asking for the PCN to be struck off. I know the fine should be paid, I am more interested in getting the CCJ set aside. The fine is rather large (approx. £350) considering the offence itself.
Is the defence added to the N180 form? - Any support on the defence side would be great as I really don't understand this part of the process.
Thank you all.
Jay
 

Redx

There are 2 recent set aside threads you should read , where the topic was debated extensively and the procedures involved too

They are on the first few pages of this parking forum , both were in the process of going by email to the CCBC

Your set aside has nothing to do with the PCN or court case issues per se

Usual reasons for a set aside are it going to the wrong address

A second court hearing and judge will deal with the original court case and PCN

Le_Kirk

You need to get the consent (or rejection of consent ) from CEL so that you know which fee to pay £100 or £255.  The set-aside is separate from the defence of the PCN and will likely be two hearings.  You do not need a defence at this stage just the likelihood that you will be able to successfully defend the original claim.  Now that you know about the CCJ it is important that you get your application in quickly.

Ferrybird

@Sebastian83
@Error1234
....and my thread are all about CCJ set asides. Hopefully they will have some useful information to help you along.
Also read posts by @henrik777

Redx

yep, thats the ones

read what henrik77 and Johnnersh posted carefully

judges do not agree with set asides for credit cleansing , so keep that topic out of it

you are an aggrieved victim trying to unravel a complicated issue

D_P_Dance

It is not a fine, it is an invoice.  CCJs are issued by civil courts.  

jayM_2

Thanks for the information and the really quick responses. You are super efficient! 
I have read the threads as suggested and I have bookmarked them for further information later on, if required. 
I have a few remaining questions: 
1. When I sent my SAR and consent order to CEL I forgot to attach a bill (to show proof of address), is this going to be an issue and should I re-send it with an attached bill?
2.  For now, I need to wait for the response on the consent order before going for the N244 form. If they do not respond do I just apply for it early next week?
3. With regards to the N244 form, I just need to attach the draft order, witness statement and my evidence. The defence statement is another hearing, correct? The first hearing is just asking for the judge to agree to get it set aside based on the evidence that I did not receive the letter as my address at the time was incorrect on my V5C? 

jayM_2

Please see my draft order and witness statement below.
Any comments or advice would be much appreciated. I plan on submitting this with N244 form next week following a 5-7 day wait from CEL on the consent order email I sent this week. 
Thank you for your support - I really appreciate it considering its voluntary and the amount of support you provide, it is outstanding! 

DRAFT ORDER
IN THE COUNTY COURT AT: REDACTED
CLAIM No: REDACTED
BETWEEN:
CIVIL ENFORCEMENT LIMITED (Claimant)
-- and --
REDACTED (Defendant)
______________________________________________
DRAFT ORDER
______________________________________________

IT IS ORDERED THAT:
1. The default judgment dated on REDACTED 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/20 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 following 14 days on XX/XX/20.

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.

6. All enforcement be put on hold pending the outcome of the application.

WITNESS STATEMENT
IN THE COUNTY COURT AT: REDACTED
CLAIM No: REDACTED
BETWEEN:
CIVIL ENFORCEMENT LIMITED (Claimant)
-- and --
REDACTED (Defendant)
______________________________________________
WITNESS STATEMENT
______________________________________________
1. I am REDACTED and I am the defendant in this matter. This is my supporting statement to my application dated REDACTED requesting to:
a. Set aside the default judgment dated REDACTED 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 set aside.

2. Default Judgment

2.1 I was the registered keeper of the vehicle at the time of the alleged offence.

2.2 I understand that the claimant obtained a default judgment against me as the defendant on REDACTED. However, this default judgment has not been served at my current address (REDACTED) or the address that I was residing at (REDACTED), as it was defectively served using an old address. Therefore, I was not aware of the County Court Judgment until I received notification of a change in my credit rating score on the REDACTED.

2.3 On learning of the County Court Judgement on REDACTED, I immediately contacted County Court on REDACTED to find out details of the Default Judgement. It was only at this point that I discovered that Civil Enforcement Ltd was the claimant and that the judgment was regarding a parking charge notice. On REDACTED I received a copy of the judgment from Northampton County Court.

2.4 I understand that the judgment was served at an REDACTED. However, I moved to a new address in REDACTED. In support of this I can provide confirmation of my signed tenancy agreement which shows my updated details (See EVIDENCE A). I resided at this address until REDACTED. Subsequently, I moved to my current address in REDACTED. In support of this I can provide confirmation of my signed tenancy agreement which shows my updated details (SEE EVIDENCE .

2.5 I have never received any correspondence from the claimant; therefore I was never able to challenge the original charge nor the judgment.

2.6 I have never received any correspondence and at no point prior to REDACTED did I have any contact with the claimant.

2.7 Although all my details had been changed, including my V5C and driving licence which I overlooked this update until REDACTED when I needed to sell my car.

2.8 I suggest the claimant did not make reasonable enquiries as to my current address (REDACTED) or the address that I was residing at (REDACTED) before pursuing the court order especially considering they had good reason to believe they did not hold my current contact details. As stated in the Civil Procedure Rules CPR 6.9(3) where a claimant has reason to believe that the address of the defendant referred is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business. At the time of the County Court Judgment, my V5C was updated to the correct address prior to selling the car in REDACTED (SEE EVIDENCE C) and my driving licence records were registered at the correct address so I was there to be found by a simple trace. For example, the Claimant could have queried my credit file or electoral roll, at the time of filing for the default judgment. This has led to the claim being incorrectly served to an old address and an irregular judgement. Furthermore, considering they received no response from me to their correspondence I believe the Claimant had reasonable cause to question whether they were using an accurate address and that simple searches could have provided them with the correct address.

2.9 I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held my correct contact details. According to publicly available information, my circumstances are far from being unique. The Claimant appears to have consistently failed to reasonably pursue the claim, as has been referred to as the practice of ‘Credit Clamping’, which several members of the Government have strongly condemned. Prime Minister Theresa May has pledged to investigate the ‘abuse’ of the CCJ system, while The Rt Hon Sir Oliver Heald QC MP has been quoted as saying on 23rd December 2016: "It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. In the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address." and "announced a crackdown on unresolved debts which can damage people’s credit ratings without them knowing. The action comes after concerns were raised that companies were issuing claims to consumers using incorrect addresses."

2.10. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s correct address when bringing the claim.

2.11. Considering the above I as the Defendant was unable to defend this claim properly. Therefore, I believe that the default judgment against me was irregular and I respectfully request it is set aside.

3. Order dismissing the Claim

3.1 I further believe that the original Claim by the Claimant has no merit and should thus be dismissed. I understand the Claimant to be a Private Parking Company that uses ANPR in order to issue “Parking Charge Notices” which the Claimant believes are due as a result of an alleged breach of contract for parking by a motorist.

3.2. It appears that the Claimant has obtained details of the vehicle for which I am the Registered Keeper and used those details to make a claim for a ‘Parking Charge Notice’. Any Notice to Keeper served by the Claimant must comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012. This includes the requirement to issue the Notice to Keeper within 14 days of the alleged incident. If the Claimant has not complied with the requirements of the Act they cannot claim this charge against me as the Registered Keeper in any case. Since I have not received any documentation from the Claimant prior to finding out about the Default Judgement, I submit the Claimant will not have complied with the requirements of the Act and thus cannot claim this charge against me as the Registered Keeper in any case.

3.3 If the Notice to Keeper was not issued within 14 days, then the Claimant is required to prove who the driver of the vehicle was at the time of the alleged incident. The vehicle to which I am the Registered Keeper was at the time insured to be driven by two adults (see EVIDENCE D). I submit that the Claimant cannot provide such evidence to prove the driver of the vehicle they claim was involved in the alleged incident.

3.4 I further submit that the Claimant does not include ‘Protection of Freedoms Act 2012’ wording on the Parking Charge Notices they issue and therefore cannot hold myself as the Defendant automatically liable for the alleged incident merely for being the Registered Keeper of a vehicle.

3.5. If the Claimant has obtained details of the vehicle for which I am the Registered Keeper, and used those details to make a claim for a Parking Charge Notice, I thus dispute the claim 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 come into force.

3.6. I submit that this is not a penalty charge notice but a private one based on contract law and therefore the Claimant must:

a) show evidence that they have complied with the POFA or alternatively, show evidence of the driver's identity, to prove that this is the right defendant

b) set out the facts on which it is asserted that the claimant has a cause of action against this defendant, and

c) identify the 'relevant obligation' of the defendant to pay parking charges and the 'relevant land' on which the parking is said to have occurred

d) state whether the claim is in relation to a 'relevant contract' or in respect of an alleged trespass or other tort (as per the POFA 2012 Schedule 4)

e) disclose full particulars and a contract, in order to evidence a claim in law

3.7. On this basis I believe that the Claimant has not provided any reasonable cause of action and absent the above being produced in short order, I ask the court of its own volition to strike out this claim and to order the Claimant to refund the Defendant's costs for attending, namely the £255 Court fee in bringing this set aside case, despite not being shown to be liable for any parking charge at all.

3.8 If required to defend at a further hearing, I will require all copies of paperwork, letters and other documentation including pictures of all signage from the Claimant in order to make informed decisions and statements in a comprehensive defence as keeper of a vehicle.

Statement of Truth:
I believe that the facts stated in this Witness Statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Full name: REDACTED
Signed: ______________________

Redx

1) do the SAR again with proof of I D under the GDPR law

2) seems a good plan to me , you have to act promptly after all , they don't

3) correct , except it's not just the incorrect address at the time , it's the not tracing you if you were there to be found , so in those other threads you will see they submitted evidence that they were there to be found (at the new address)

jayM_2

Please see my consent order form that I sent to CEL:

ADDRESS and DETAILS are REDACTED

 

Civil Enforcement Ltd
Company Registered in England
Registered Office Horton House
Exchange Flags
Liverpool
L2 3PF

DATE REDACTED  

Dear Sir/Madam

You have obtained a County Court Judgement (CCJ) via the County Court business Centre (CCBC), for the total amount £ REDACTED on REDACTED. The case has been filed by CCBC under the case number of REDACTED against the address of REDACTED.

Please find enclosed a consent order and the reasons why I am going to apply for a set aside. I am asking you to consider CPR 1 and consent to a set aside by consent to save on costs and court time. 

Please respond at your earliest convenience but no later than REDACTED. 

 

Yours faithfully,

 REDACTED

Enclosed: REDACTED

CONSENT ORDER

-------------------------------------------------------------------------------------------------------------------   

CLAIM No: REDACTED
BETWEEN:
CIVIL ENFORCEMENT LIMITED (Claimant)
-- and --
REDACTED (Defendant)
---------------------------------------------------------------------------------------------------------------------   

Upon the Defendant asserting he did not receive a PCN, related documents / notices, Claim Form.

And upon the parties having reached a settlement by consent.

BY CONSENT IT IS ORDERED THAT

1.     The default judgment dated on REDACTED be set aside

2.     The Claim be dismissed.

3.     There be no order as costs.

We hereby consent to an Order in the above terms

 --------------------------------------------------------------------------------------------------------------------  

I, the Defendant, was the registered keeper of the registered vehicle REDACTED

I deny that I am liable to the Claimant for the entirety of the claim for each of the following reasons:

1.     The fact that I only learned of the default judgment on REDACTED following a credit check, shows that the Claimant had not adhered to CPR 6.9 (3) in taking reasonable steps to ascertain my current address or the address that I was residing at before pursuing the court order when they had reason to believe that the address they were sending documentation to me was one I no longer resided at. As the Claimant received no response from me to their correspondence, the Claimant had reasonable cause to question whether they were using an accurate address.

2.     I have not ever received any previous documentation from the Claimant in this matter and I thus was never able to properly challenge the Claimant’s claim.

3.     In addition, the Claimant obtained a judgement in default of acknowledgement of service however, as the claim was never properly served, the period in which to acknowledge never commence and so their application for a judgement in default was an abuse of process.

4.     On the basis provided above, I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim.

5.     I am entitled to a mandatory set aside under CPR13.2 and, as the claim form was not served within 4 months of being issued, the claim must instead be struck out. 

6.     I will be seeking a set aside of this CCJ within 5 working days after service of this email. 

7.     I require them to consent to this set aside, and for them to agree to pay the £100 cost of the set aside, in order to minimise costs to all involved and to not waste our time with a hearing.

8.     If they do not agree to such a set aside within the time limit, I will apply for a set aside without consent, at a cost of £255, and my draft order will include that this cost is repaid by the claimant in full. 

Signed:
Name: REDACTED
Date: REDACTED

Coupon-mad

There be no order as costs.

Don't you want your £255 back then?