CEL CCJ Set Aside - Support Please!

Coupon-mad

Yep, WS and your evidence, all of it goes with the defence because you won’t get asked for it.  The system is back to front.

No idea why people who get judgments set aside are treated so differently because it would be easy to revert to post allocation stage.

redredelise

Update on this case - 

Court hearing date came through about a week ago, set for today.
CEL had to pay £27 by 4pm yesterday.
They didn't so the case was struck off by the judge.

Really annoying was that costs incurred were not granted as there was no evidence to support them.
The judge could see there was a set aside cost but wouldn't grant it as only in draft defence. 

Suffice to say - CEL did not turn up, and therefore lost their case against me.

Thank you again for all the support I received on here - it enabled me to put everything I needed together to fight the parking ticket.
I could not have done it without this forum, and the great people on it.

Thanks!! 

Coupon-mad

Well done!

ANOTHER CEL ONE BITES THE DUST!

Quite shocked to hear that neither Judge ordered your £275 back and not even due to the crystal clear 'unreasonable conduct' of CEL not complying with court Directions for this latest hearing.

Conduct like that opens the door to costs. Possibly the fault of the first Judge for not ordering that costs be 'reserved' till today.

Wonder what CEL would do if you now send them a LBC for your wasted costs, then file a claim for them? They caused this loss of money.  I think more people should sue PPCs when they cause loss of money.  Also there is a previous case where CEL were sued for data misuse (Simon Clay v CEL) and he got £250 in damages for that.

Assuming they used an old address for you, and thus breached the BPA Code of Practice by not doing a soft trace, then there was data abuse (breach of the DPA 2018) and arguably breach of the CPUTRs for misleading actions/omissions.

redredelise

Thank you @Coupon-mad


I would be up for doing a claim if it was a possibility.
The total on the costs schedule was £480

I'm not sure of the process but on initial searching I believe I would need to fill in a claim form N1 and pay a court fee.
Apologies for what I'm fairly sure is a stupid question but, if CEL received the claim form, would they possibly pay the costs in order for it not to go to a hearing? Or does it have to go to a hearing before CEL need to act?

Coupon-mad

You have to send a LBC first but I think you have a case not just for your costs.  Don't make the mistake of only asking for wasted costs; that's not what I was saying - your case is surely just as much about consumer protection law: data abuse and misleading actions that led to actual loss, claimable as damages?

Also, there's a chance that the 'costs' element could fail. if either Judge considered your costs, and actively refused them.  You need to understand what was said by both Judges about costs.

Did the first Judge in 2021 actually consider and refuse to award or reserve the £275 costs, or did you forget to ask?

redredelise

First judge considered and reserved costs.
Second judge wanted evidence, receipts etc, for costs, which I didn't expect, so couldn't award any.
They would have done had the evidence been there.

I'm feeling like I would like to put a claim in for the actual costs.
I'm not sure I have it in me to go for damages, even though I lost out on a flat I had an offer accepted on.

I'm wondering what is the likelihood of CEL making payment on receipt of a claim, or whether they just ignore and wait for it to go to a hearing?

Jenni_D

Surely you had evidence for the set aside fee itself? (May have been £250 back then rather than £275).

The damages referred to are those for data abuse (GDPR) for which there are several prior and persuasive cases, and the minimum amount would be £250. Claiming damages for losing out on a flat would be much more difficult to pursue.

Umkomaas

Jenni_D said:

Surely you had evidence for the set aside fee itself? (May have been £250 back then rather than £275).

The damages referred to are those for data abuse (GDPR) for which there are several prior and persuasive cases, and the minimum amount would be £250. Claiming damages for losing out on a flat would be much more difficult to pursue.

http://parking-prankster.blogspot.com/2017/05/motorist-awarded-900-for-data.html

https://www.parkingcowboys.co.uk/data-protection-act/

Coupon-mad

though I lost out on a flat I had an offer accepted on.

Woah!  That is appalling.

Their data abuse lost you a flat and caused you to have to continue to rent for more months(?) and eventually pay more for a similar size flat due to the delay, entirely caused by CEL.

And you may not have been able to get such a low interest rate after that first flat fell through?  That's a monetary loss.

To see how to word a claim for damages as a result of data abuse, have a look at the counterclaim threads by @Nosy and @ellaro9 (the latter included disability discrimination but ignore that section of their documents).

Or ask David at SmallClaimsAdvisor if this is a case he might be interested in running (writing for you for a small fee) given the first Judge considered and reserved your costs and the second Judge was just too lazy to order that the £275 court fee (that the court staff could have checked was paid!) be paid to you on production of your receipt to the claimant first (that would have done the trick).

I am not connected to this company at all but David assisted Simon Clay v CEL, and Mr Clay succeeded:

https://smallclaimsadvisor.co.uk/

HTH - and don't forget to come back here to do the vital 'Public Consultation' that the Government will publish later this year.

redredelise

I love you guys!
I'm definitely going to some work on this - will keep you posted.