Parking final from Civil Enforcement Ltd and resulting CCJ - Help Needed!

djhodgko

Just found this thread as looking for information/help in regards to a county court judgment I have found on me when I did an Experian credit check the other day.

From speaking to the court in question it would seem this CCJ is in my name and my old address and is for a parking fine issued from Civil Enforcement Ltd which dated back to 12th March 2020 and the CCJ has been in place since 23rd March 2021.

This is the first I have heard of this, I never received any letter, email, phone call or anything about this so has come as a complete shock. I haven't lived at that address since 2018 and changed my driving license to my current address in Oct 2019 but forgot to update my log book details until October 2020 before I sold my car. 

Now I am going to contest this but wondered what the best route would be for this as looking on other threads and the newbie post most people seem to be aware of the charges and have received letters whereas I just found out through a credit check report and a CCJ against my name so wondering if I need to approach this any differently? 

Thanks in advance. 

Le_Kirk

When you read the NEWBIE sticky did you see a section about set-asides? That is what you will have to do but you need to act promptly (judges expect it) usually within about 14 days after discovering the CCJ but that is not set in concrete.  As you failed to update the V5C you are partly responsible; having said that, the PPC should have checked that the address to which it sent the court claim was current.  Read the part of the NEWBIE sticky about set-asides and also read some posts by @henrik777.  Search for and read other threads/discussions by other posters who have been in your position.  Bear in mind it costs £275 for a non-consented and £208 *£108 for a consented set-aside.
Do not be tempted to pay the CCJ, especially with a payment plan as that would only mark it as satisfied and not remove it.
*Edited after it being pointed out I had made a typo!

1505grandad

"......and £208 for a consented set-aside."

Ahem  -  £108?

Le_Kirk

1505grandad said:

"......and £208 for a consented set-aside."

Ahem  -  £108?

Just checking one of us is awake!  Ta, I have edited my post.

D_P_Dance

Read this and complain to your MP as nothing has been done.

https://www.dailymail.co.uk/news/article-3786132/I-ll-end-credit-rating-scandal-pledges-PM-acts-Mail-exposes-rulings-ruined-lives.html

djhodgko

Hi all,

Thanks for the swift input.

Yes I have read the Newbies thread and other post but not fully clear on my next step hence asking for help as call the other cases differ to mine. 

Looking on my Credit Club Experian report I had electoral registered at my new address in Dec 2019, does that help here? 

Are the next steps I am to do as follows - 

* Ring the court up and advise want to set aside and pay the fee for this (sure was quoted £255 when call the court on Tuesday)
* Then follow up by sending the court a N244 and witness statement
* Wait to then hear back from the court in regard to this CCJ

D_P_Dance

 I had electoral registered at my new address in Dec 2019, does that help here? 

Very much so imo.

Coupon-mad

Are you clear about the witness statement and what it must say - it's NOT about the PCN, it's about proving you were not at the old address but were there to be found for the sake of a 29pence bulk CRA trace by this Claimant, who doesn't bother (by all accounts).

Also email a SAR to CEL's data protection officer to get sight of all the letters and data they hold.

djhodgko

Hi Coupon-mad,

Thank you for your feedback.

Yes I understand for my case I would be stating in my witness statement about not ever receiving any letters from CEL and that they were sending to my old address and i need to have ways to prove this e.g electoral register, bills etc 

Is there a template for a witness statement and and other documents I need to send as example so can get drawing one up then post on here for users with more knowledge of this to check? 

Is my next step to call the court today and request my case is set a side and pay the fee then get my documents together - N244 and witness statement to go with it? Is that all i need to do? 


I have found the following SAR on the forum, should I amend to my situation and send to CEL today via email? 


Dear Sir/Madam:

I am writing to you in your capacity as data protection officer for your company - Company Name. I have reason to believe you hold personal data on myself as a vehicle I own and am the registered keeper for visits car parking sites managed by your company. I think it needs to be said here how they collect that data - eg "Such data is collected by your ANPR camera systems". It should be noted that contrary to article 13 of GDPR legislation no privacy information was provided to myself, the data subject, at the time of collection. I am therefore compelled into making this request for access to personal data pursuant to Article 15 of the General Data Protection Regulation which, as you will be aware, came into force on 25 May 2018.

The vehicle in question is a Vehicle Model with VRM: VRM.

I have attached the V5 document to prove I am the registered keeper. Should you require further documentation necessary to verify my identity please contact me. [is it sensible to request specifically that once they have read the V5 they securely dispose of it and do not retain it? Otherwise you're giving them your data aren't you? - eg "You do not have my consent to retain this document, please dispose of it securely once you have read it"]

I would like you to be aware at the outset, that I anticipate a reply to my request within one month as required under Article 12, failing which I will be forwarding my inquiry with a letter of complaint to the Information Commissioners Office (ICO).

Please advise as to the following:

1. Please confirm to me whether or not my personal data is being processed. If it is, please provide me with the categories of personal data you have about me in your files and databases.
   1. In particular, please tell me what you know about me in your information systems, whether or not contained in databases, and including e-mail, documents on your networks, or voice or other media that you may store.
   2. Additionally, please advise me in which countries my personal data is stored, or accessible from. In case you make use of cloud services to store or process my data, please include the countries in which the servers are located where my data are or were (in the past 12 months) stored.
   3. Please provide me with a copy of, or access to, my personal data that you have or are processing.
2. Please provide me with a detailed accounting of the specific uses and lawful basis that you have made, are making or will be making of my personal data.
3. Please provide a list of all third parties with whom you have (or may have) shared my personal data.
   1. If you cannot identify with certainty the specific third parties to whom you have disclosed my personal data, please provide a list of third parties to whom you may have disclosed my personal data.
   2. Please also identify which jurisdictions that you have identified in 1-1 above that these third parties with whom you have or may have shared my personal data, from which these third parties have stored or can access my personal data. Please also provide insight in the legal grounds for transferring my personal data to these jurisdictions. Where you have done so, or are doing so, on the basis of appropriate safeguards, please provide a copy.
   3. Additionally, I would like to know what safeguards have been put in place in relation to these third parties that you have identified in relation to the transfer of my personal data.
4. Please advise how long you store my personal data, and if retention is based upon the category of personal data, please identify how long each category is retained.
5. If you are additionally collecting personal data about me from any source other than me, please provide me with all information about their source, as referred to in Article 14 of the GDPR.
6. If you are making automated decisions about me, including profiling, whether or not on the basis of Article 22 of the GDPR, please provide me with information concerning the basis for the logic in making such automated decisions, and the significance and consequences of such processing.

djhodgko

Would I use the defence statement in the attached link to send to the court via email after I have rung up and paid today? 

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

I am guessing for part 2 & 3 that I would admit to being the registered owner at the time but that I have never received any form of letter for CEL and that i left the address mentioned in the CCJ back in 2018. 

If I can just know in what I need to do now and order I need to do things then that would help greatly. From researching I am thinking the following - 

1 - Contact the court by phone and ask to set aside my case
2 - Sign and send a defence statement for my case (on the defence letter do I quote court number in top left corner)  - Do I then need to send the N244 form at the same time as this? 
3 - Write my witness statement ready for court hearing 
4 - Await feedback from the court on my case an until then do nothing on it 

Le_Kirk

Should you require further documentation necessary to verify my identity please contact me.

Don't offer them any opportunities to delay the process.  The V5C is adequate proof of who you are; you might have to prove where you live now (as it will be different to their records) therefore extract from electoral register or a utility bill and of course you will/have tell/told them your new address for service.