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

djhodgko

Hi @Coupon-mad,

I took you advice and didn't reply to their email and so will await to hear further from the courts as to when my day in court will happen. 

No I haven't seen the Channel 5 programme you mention, I will get it looked up later when got some spare time and take a look into it, thanks for the heads up. 

Coupon-mad

I hear on the grapevine, that Keller Lenkner’s senior associate says that they are intending to launch a further group action against the DVLA, known as DVLA2 under the heading ‘bad processing’.

They are looking for around 100 potential claimants who fall into any of the following categories:

 

1. PCN issued when valid ticket purchased (this probably includes other 'no breaches', like double dips).
2. Court proceedings issued despite PCN being paid/appealed successfully
3. PCN issued by unregulated car parking company
4. PCN issued against previous owner
5. PCN issued where faulty ticket machine meant individual could not purchase a parking ticket
6. PCN issued against incorrect vehicle (ANPR fault – picked up incorrect reg plate)
7. PCN/Court proceedings sent to wrong address

djhodgko

Hello @Coupon-mad, all, 

Just wanted to update you on this case and advise that I have had a letter through last month stating that a hearing has been set for the end of this month and will be done via telephone. 

I just wondered if anyone had any advice on how to prepare for this and if there is anything I need to do and what I would expect the hearing to be like? 

There was a point in the letter that stated the following and wondered if I actually needed to do anything for it? 

"Because this Order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court to arrive within seven days of service of this Order. service of this Order."

Coupon-mad

Is this the hearing for the set aside itself, not the PCN?

djhodgko

Hi @Coupon-mad,

Yes it is for the court hearing to set judgement aside. 

Coupon-mad

You don't need to do anything with regard to that standard paragraph.  You paid for this hearing so you don't want to disagree with it!

To prepare, search the forum and filter for 'newest' and 'discussions' on the parking board only, for something like: CCJ hearing as keywords.  People always report what it was like, so read their accounts.

The Judge will also want to be sure you can defend the claim if it's set aside so have some bullet points about what your defence to the PCN will be, albeit this hearing is about why you didn't get the claim form.

But if you are arguing that the claim is dead (not served within 4 months) you need to explain why the law says that, and therefore if the Claimants want to continue with the case they will have to properly file snd serve a fresh claim.

Also be aware that the Govt has declared the false added £60 or £70 per PCN 'costs/damages' to be baseless and extortionate and have banned them.  Whilst not retrospective, effectively it is a massive steer for the courts in existing cases.  Here's my new defence wording tgat explains it:

https://forums.moneysavingexpert.com/discussion/comment/79031299/#Comment_79031299

Also read the whole new DLUHC Code of Practice because it covers all the usual points and issues and states the 'best practice' a parking firm should have followed.

Don't forget to ask at the end for your costs to be awarded against the Claimants for their unreasonable conduct (presumably failing to check your address properly before filing a claim) plus adding false 'debt recovery costs' they never incurred, and which the Ministerial Foreword to the new Code bans, because such fixed fees were 'designed to extort money from motorists'.

djhodgko

Hi @Coupon-mad,

Thank you for your feedback and advice, as per it is really great and totally appreciated by myself. 

Once the hearing is over with I will look to advise how I got on with it all.