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Very confused, not sure whats going on with a CCJ

I have been dealing with Civil Enforcement Ltd. I did a job in November 2020 at a house that apparently had private parking restrictions, I had permission from the owner to work on the property, but no permit and i don't believe there was any pay option.

I have tried to follow the advice here but have come a little unstuck. Firstly I apologise if I am doing something wrong here making a thread, I just feel like I have done my best to follow the advice and have ended up with a CCJ so would just like some sort of clarification so I don't mess the next stages up. There is so much information to go through here I am having a very difficult time at the moment and any help is appreciated.

I open a letter today from DCBL which is a notice of debt recovery for the amount of £280.26 for an outstanding CCJ. i checked it using trust online and called the court  business centre to confirm its validity. They told me its from One Parking Solution. Is this the same company? The judgement was apparently awarded in April 2021.

I am genuinely very confused as to what is going on. I did follow the advice here but probably not very well. The situation isn't straight forward and I have been so busy this year with my business taking off and a new child I honestly cannot recall every bit of information but this is the best I can come up with.

In February this year it I believe I was forwarded some sort of parking debt letter from an old property, that I still own but rent out. I cannot remember exactly, but I came here and it seems I sent an email to [email protected]:

To whom it may concern,
We have just been forwarded this letter and this is the first we have heard of this allegation.
I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.
If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.
Look forward to hearing from you,

They confirmed reciept via automated message and a week later Jimmy responded.

Good morning

Thank you for your email, your comments have been noted.

Please be advised that a Parking Charge Notice (PCN) was issued by post on20/11/2020  and you had 28 days from this being sent to appeal, this time scale has now passed. Liability may only be transferred if the relevant correspondence is received within the first 28 days of the date of issue of the Notice to Keeper, as you are now outside of this timeframe, liability can no longer be transferred.

This PCN was issued by an Automatic Number Plate Recognition (ANPR) system where your Vehicle Registration Mark (VRM) is recorded entering and exiting the private land. This information is then processed against the payment system and, as advised in our correspondent, payment has not been made in accordance with the terms displayed on the signage. AS the camera system is automatic no picture is taken of the signage, the signage on site has already been approved by the British Parking Association (BPA).

We would not be able to provide you with all information of payments made on the date, firstly as this is our client, Civil Enforcement Limited, information and we do not have access to this. Secondly, the information you are requesting would have third parties information, therefore, due to data protection, this would only be supplied at any litigation stage if this was to progress.

This matter has now escalated to us and we follow our client’s instructions, we do not deal with disputes or appeals, we are here to resolve the outstanding balance of £170.00.

This matter is now on hold for 1 week pending payment, if no payment is received within the 7-day period then the collection procedure will continue.

Please contact our offices on 01932 918916 to make a payment, alternatively see the reverse of your letter for other payment methods.

Kind regards
Jimmy

I basically then don't really know what happened with this. I received two further emails from QDR Solicitors, but the emails had nothing attached or in the body, they were a more an invite to read an important document on a website, I don't trust these people and have no arranged business with them so didn't click the link. I assume if it was something serious they will attach a .pdf, or include the subject matter in the body. Here is the email, if you click it now it says theses documents have expired. One was received on the 12th of April and one on the 28th. No idea what they were about.

(Tried to post link but forum wont let me)

Now it gets strange. So I hear nothing else until the 23rd of June where I am posted a Letter before action by Civil Enforcement Ltd. I then use this forum and apparently on the 27th June I email [email protected] and request a SAR as recommended here. They then reply with the SAR data on the 7th of July, they say they are willing to accept a reduced payment of £100 if I pay by this day, according to advice here I am very close to them not pursuing it any further. Either way the advice here suggests that even if I do goto court and lose, I can simply pay the fine and not have a CCJ. So I wait to see what happens next. 

Today I get a letter to my current address from DCBL for a notice of debt recovery as explained today. But as I mentioned the judgement was awarded at Northampton County Court in April, could this be two seperate incidents?

I don't think it is, because Jimmy said the notice was issued automatically by post on the 20th of November and the SAR data from CEP lists the alleged contravention occurring on the 16th of November, which sounds about right.

I assumed I would get some sort of post or even email telling me a) you have been summoned to court or b) you have lost at court, please pay fine. Today is the first I have heard about it.

I have no idea where to even start with this, I dont know if these two sets of interactions are related or not. Would the first thing CEP send me is a letter before action?

I want to try and have my CCJ set aside and can follow the instructions, but it is a bit confusing, the links take me to threads, but my situation seems different as I don't even know what the offence is and if these are two offences or the same one. Any help anyone can give would be great, how can I go about finding out exactly what I have been given the CCJ for, all the pictures or location etc. 
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Comments

  • Coupon-mad
    Coupon-mad Posts: 129,388
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    edited 18 October 2021 at 4:57PM
    OPS are a completely different group of ex clampers than CEL.  So none of those emails relate to this OPS one.

    This is another one you didn't know about.

    To avoid confusion in this thread, edit out the emails above and all mention of CEL.

    Read the section on setting aside a CCJ in the NEWBIES thread 2nd post and at least a dozen other CCJ threads (no searching, just work through the first twenty or more pages of this board, clicking on and reading any with 'CCJ' in the title).

    Especially seek out posts by resident CCJ set aside expert, @henrik777
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • teknotel
    teknotel Posts: 122
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    OPS are a completely different group of ex clampers than CEL.  So none of those emails relate to this OPS one.

    This is another one you didn't know about.

    To avoid confusion in this thread, edit out the emails above and all mention of CEL.

    Read the section on setting aside a CCJ in the NEWBIES thread 2nd post and at least a dozen other CCJ threads (no searching, just work through the first twenty or more pages of this board, clicking on and reading any with 'CCJ' in the title).

    Especially seek out posts by resident CCJ set aside expert, @henrik777
    Thats great thanks, so I will go and research the CCJ thing when I get time.Thanks.
  • teknotel
    teknotel Posts: 122
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    Dont think I have permission to edit any of my post sorry.
  • Coupon-mad
    Coupon-mad Posts: 129,388
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    edited 18 October 2021 at 8:21PM
    No worries.  But time is not on your side.

    If the CCJ date is within the last 30 days you can wipe the CCJ by paying it immediately in full.

    If the CCJ is older than 30 days (ask the CCBC) you cannot wipe it by paying it and you MUST act promptly, as that is part of the court criteria.

    Act this month.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • teknotel
    teknotel Posts: 122
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    Is there anyone who can help me with this a little more. I genuinely am trying but I barely have anytime. I have spent the last hour reading 10 page long threads, during my sons nap and he is waking up soon.

    I understand time is against me and I am desperate to get this sorted. Is there a step by step guide anywhere? Or a template? I havent even got past the first linked thread in the set aside section of the newbies thread fully yet.

    I see coupon mad has suggested somewhere in the thread to use the letter she sent, but it is really unclear what I am supposed to send at this stage.

    I have the N244 forms sent to me by the court, so I need to fill in the form, all sections yeah?

    I then send a separate witness statement as well. What is the draft defence and the draft order are those needed at this point?

    Do I just copy everything from that thread? Obviously I will tailor the witness statement to suit my situation.

    So N244 and witness statement, plus fee to the court. Is that everything I need to do? Thank you for any help in advance.
  • Le_Kirk
    Le_Kirk Posts: 21,950
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    Searching the forum for "Set-aside" and "six-point draft order" usually brings up a whole batch of posts and on some of them there will be posts by @henrik777.  Read some of those.  Here is one from 2020 that @Coupon-mad said was a good example.  OBVIOUSLY do not just blindly copy & paste, you need to read it and adjust the dates and text to suit your situation: -
    https://forums.moneysavingexpert.com/discussion/comment/77131023#Comment_77131023
  • teknotel
    teknotel Posts: 122
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    Le_Kirk said:
    Searching the forum for "Set-aside" and "six-point draft order" usually brings up a whole batch of posts and on some of them there will be posts by @henrik777.  Read some of those.  Here is one from 2020 that @Coupon-mad said was a good example.  OBVIOUSLY do not just blindly copy & paste, you need to read it and adjust the dates and text to suit your situation: -
    https://forums.moneysavingexpert.com/discussion/comment/77131023#Comment_77131023
    Where is the 6 point order in the thread you linked? Is it the witness statement, the draft defence or the draft order?

    Is there really no where anywhere that has a list or step by step guide of what to do? I literally do not have the time physically to research or read several forum threads, I understand this may not sound greatful, but I literally do not have the time, I spent about an hour yesterday and I am in my second hour now. I still have no idea what I am supposed to send exactly. I am extremely busy with childcare and running a business, I literally have 2 hours free per day to myself to sort out personal issues or relax, I am not exaggerating

    Could you perhaps just write titles of the documents I need to send with the N244 form, I think this will be enough. I should be able to find the relevant templates and edit them in the threads.
  • teknotel
    teknotel Posts: 122
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    I think I am just going to guess and post my forms here it here and maybe someone can check it and just say yes or no?
  • KeithP
    KeithP Posts: 37,112
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    teknotel said:
    Le_Kirk said:
    Searching the forum for "Set-aside" and "six-point draft order" usually brings up a whole batch of posts and on some of them there will be posts by @henrik777.  Read some of those.  Here is one from 2020 that @Coupon-mad said was a good example.  OBVIOUSLY do not just blindly copy & paste, you need to read it and adjust the dates and text to suit your situation: -
    https://forums.moneysavingexpert.com/discussion/comment/77131023#Comment_77131023
    Where is the 6 point order in the thread you linked? Is it the witness statement, the draft defence or the draft order?
    As said, it's a "six-point draft order". 
    The link you have been given shows a possible draft Witness Statement  for the set aside.
    The following post shows a possible draft Defence addressing the underlying claim.
    And the next post on that thread is the a
     draft order, which just happens to have six points.
  • teknotel
    teknotel Posts: 122
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    Already submitted SAR request to one parking limited, just did their general contact email. (Is this right?)

    Completed N244 Form (missing witness statement as included seperately)

    Witness Statement

    I am XXXX and I am the defendant in this matter. This is my supporting statement to my application dated 19 October 2021 requesting to:

    a. Set aside the default judgment dated XX April 2021 as it was not properly served at my current address.

    b. Order for the original claim to be dismissed.

    c. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.

    DEFAULT JUDGMENT

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

    1.2. I understand that the Claimant obtained a Default Judgement against me as the Defendant on XX April 2021. I am aware that the Claimant is One Parking Solution Ltd., I have no knowledge of the alleged contravention as I was never once sent any notification of it.

    1.3. The claim form was not served at my current address and I thus was not aware of the Default Judgement until 18th October 2021 following a letter from DCBL, a debt recovery agency who did not give any details of either their client or the alleged contravention.

    The address on the claim is XXXX. I moved to my current address at XXXX on the 2nd of February 2019. I moved away from the address listed in 2017. In support of this I can provide copies of tenancy agreements; Schedule (X)


    1.4. In addition to the above, it should be highlighted that the integrity and law-abiding intention of the Defendant should be taken into consideration on the basis that;

    1.4.1 I discovered a CCJ was lodged onto my credit file on the 18th October 2021.

    1.4.2 On 18th of October I contacted the County Court Business Centre to obtain relevant information relating to this default judgement; Schedule (X).

    1.4.3 On the 19th October 2021 I have wilfully submitted my case in order to set-aside this judgement and fairly present my case.

    1.5. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s correct contact details at the time of the claim.


    1.6. On that basis, I believe the Claimant has not adhered to CPR 6.9 (3) where they had failed to show due diligence in using an address that the Defendant no longer resides. The claimant did not take reasonable steps to ascertain the address of my current residence, as I have no idea what the original alleged contravention is about I have no idea how long they have had to ascertain this information. This has led to the claim being incorrectly served to an old address and an irregular judgement.

    1.7. According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.

    Furthermore, Prime Minister May publicly pledged to investigate ‘abuse’ of the CCJ System and so called ‘Credit Clamping’ as reported in the Daily Mail article dated 12 September 2016. The Right Honourable Sir Oliver Heald on 23 December 2016 "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."

    The Minister added "It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. That 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.” Furtherance to points raised in 1.3 above.

    1.8. Considering the above I was unable to defend this claim. I believe that the Default Judgement against me was issued incorrectly and thus should be set aside and I ask the Court to kindly consider the reimbursement of the fee of £275 from the claimant should this request be successful.

    DRAFT DEFENCE DISMISSING THE CLAIM (Can I even do this considering I have no idea what this is in relation to?)

     - will write if necessary

    DRAFT ORDER (I am assuming this is the 6 point order)

    IN THE COUNTY COURT AT Northampton County Court
    One Parking LIMITED (Claimant)
    And
    (Defendant)

    District Judge
    UPON reading the Defendant's application dated 19th October 2021 and the annexed witness statement of (stupid question - is this my name here?) dated 19th October 2021 
    IT IS ORDERED that:
    1. The default judgment dated 6th April 2021 be set aside.
    2. Costs to be reserved.
    3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4 pm on [date] 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 [date].
    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. That all enforcement be put on hold pending the outcome of the application.


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