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

djhodgko

Hi all,

Just thought I would give an update on my case. 

The payment and forms have been submitted and today I got a letter through stating the claim had been transferred to my local court to deal with.

I guess now I just wait and hear from them now and take it from there. 

Just wondered what the process is if go to court and what will need to provide/answers etc? 

Could it be that CEL get sent my witness statement and draft order and rather than travel to my city to challenge in court they would just look to remove CCJ/Set aside/settle the case? 

Le_Kirk

djhodgko said:

Could it be that CEL get sent my witness statement and draft order and rather than travel to my city to challenge in court they would just look to remove CCJ/Set aside/settle the case? 

You wish!  Likely what they will do is send a local rent-a-lawyerly person for the hearing.

djhodgko

Hi Le_Kirk,

Thanks for the feedback. 

Any idea what to expect in court?

Will they challenge my statement? Surely it is pretty obvious form evidence I have supplied I no longer lived there and they did nothing to check this as I put in my witness statement. 

Coupon-mad

Have you not yet read any court reports on the hundreds of threads we win every year?  Please read some.

The NEWBIES thread already covers what to expect in the 'hearing tips' section.

D_P_Dance

U tube has several videos of small claims hearings.

djhodgko

Hi all,

Thanks for the feedback and apologies for not replying sooner, I will take a look at the information as suggested. 

I am now currently writing a Prove It letter to a dodgy debt collecting agency for a so called debt with E.On even though the account in question was never in my name! 

Let's hope this is a nice simple one to get rid of! 

djhodgko

Hi all,

I have received an email from Civil Enforcement in regards to the set aside application and could do with some advise on what to do next (see below) 

Are they trying to scare me into paying a reduced fee for the original parking fine so they don't have to go to court and pay my legal costs fi they were to lose? 


The email they sent states this....

Please find attached our without prejudice offer in response to your application to set aside judgment for Claim *********

With an attached letter stating......

WITHOUT PREJUDICE SAVE AS TO COSTS 22/12/2021

Re: Civil Enforcement Limited v Defendant Claim No: ******** PCN: ********

We refer to your application to set aside Judgment which has been forwarded to us by the County Court Business Centre.

We note your grounds for setting aside Judgment, which state that you had moved address before the violation occurred. We were provided with your registered address by the DVLA following the date of violation. As you may be aware, it is an offence (punishable with a fine up to £1000) to fail to promptly notify the DVLA of a change of address.

As you do not deny being the registered keeper at the time of the violation and because you have not shown any grounds in your application that you have any reasonable prospects of defending the claim, it is our position that your application to set aside judgment will be refused. Even if the application is granted, it is our intention to proceed with the claim against you.

However, bearing in mind this process can take time and will incur unnecessary costs for both parties, we will consent to setting aside judgment (to support your application) and to discontinue the claim against you, if you agree to pay the original £60.00 parking charge plus the administration costs and fees we have incurred in trying to recover payment of the PCN, limited to £25.00, making a total of £85.00. Each party will bear its own costs of this application. Upon receiving payment, we will provide you with a draft Order confirming the above, to file with the Court in support of your application.

Payment can be made via our website; www.ce-service.co.uk, or alternatively via our automated payment line (0115 822 5020).

Please be advised that if this offer is not accepted within 14 days of the date of this letter, we reserve the right to show this letter to the judge on the issue of who should pay the costs of your application.

Yours faithfully, Legal Team

Coupon-mad

God they are terrible.  Lowest of the low.

This is intimidation and nothing has changed.  It is not enough for a parking firm to rely on the DVLA data and the BPA, IPC and even the DVLA told PPCs a few years ago that they should use a tracing agency 'soft search' to check addresses before filing a claim.  With Experian this costs from just 29 pence (for bulk searches, and CEL certainly litigate in bulk) so for the sake of 29 pence, CEL thinks they can ignore their own trade body and use known to be up to 30% unreliable DVLA keeper data as a presumption that it is the current address for service.

It's almost as if they don't care about the CCJs, extra costs and misery they cause...because most people just panic and pay a CCJ the minute they find out.

djhodgko

Thanks Coupon-mad, 

I agree they are absolute low life companies and should be stronger rules against these type of companies! 

Would you suggest I just reply to the email and state despite there offer I will still be looking to get this resolved through court?

From how I see it this offer is them trying to sort it out before court as they are scared I will win the case and they will get hit with my charges of £275 plus expenses. 

Coupon-mad

No need to reply to that drivel.

I agree they are absolute low life companies and should be stronger rules against these type of companies! 

Coming in 2022.  Did you not watch the Ch5 programme me and bargepole were in?  'Parking Con?' Explains the new law and I talk about the single code of practice and single appeals service coming very soon, after the Government finally decided to act.