*BOMBSHELL* CCJ - Please Help!!!

nfpad

Umkomaas said:

nfpad said:

@Redx apologies for the lengthy post.

a consented set aside would be my preferred route at this time, but I am unable to find any way to contact either CEL or their solicitor.

Previously used by posters here

office@ce-service.co.uk

Legal3@ce-service.co.uk

Be careful with their reply if they are offering a 'with consent' set aside. They're often not straightforward. 

@Umko@Umkomaas thanks for the info, this is not offered up on their website.

when you say not straightforward are you referring to the fact that they will try to not admit liability for 13.2, and that the judge may deem my application as washing if 13.3 is cited?

Umkomaas

nfpad said:

Umkomaas said:

nfpad said:

@Redx apologies for the lengthy post.

a consented set aside would be my preferred route at this time, but I am unable to find any way to contact either CEL or their solicitor.

Previously used by posters here

office@ce-service.co.uk

Legal3@ce-service.co.uk

Be careful with their reply if they are offering a 'with consent' set aside. They're often not straightforward. 

@Umko@Umkomaas thanks for the info, this is not offered up on their website.

when you say not straightforward are you referring to the fact that they will try to not admit liability for 13.2, and that the judge may deem my application as washing if 13.3 is cited?

No, they will enter some weasel words in their draft consent order. Come back if/when you get one. 

CEL don't use advocates to represent them, they don't need any. They either obtain a default CCJ because the Defendant fails to respond to the claim - that's all automatic via the CCBC, or they withdraw their claim if a Defendant defends the claim. 

nfpad

@Umkomaas thanks for the reply.

So do you think that with this particular company I am better off being more assertive and not asking for consent?

My worry is that my defence going relies on the fact I did not receive any correspondence due to me not being at the address?

Redx

nfpad said:

@Umkomaas thanks for the reply.

So do you think that with this particular company I am better off being more assertive and not asking for consent?

My worry is that my defence going relies on the fact I did not receive any correspondence due to me not being at the address?

That is not a defence to a PCN

A defence is based on

No Landowner authority
Poor and inadequate signage
The BPA CoP
The CRA
Etc

The lack of paperwork for the PCN is likely to be your fault and problem , not theirs

They obtained keeper details from the DVLA and posted the PCN to the address obtained from the DVLA

The set aside is in response to them not tracing your address before issuing a court claim

Jenni_D

As above there are two parts in play here:

1. A set-aside for which you need to provide a witness statement to support your SA request

2. A defence to the original claim (needed to show you have a reasonable chance of defending the claim under part 13.3 if the judge doesn't accept a 13.2 application)

(That's my understanding - someone will be along to correct any erroneous info)  

nfpad

@Jenni_D the defence is where I am struggling, as I am totally unaware of any signage until they respond to my SAR presumably with photographs. Signs must have been removed some years ago, it is no longer run as a private car park.

I am barely started with this (since Saturday) but I am almost ready to throw the towel in, it seems so impossible to make an argument against something when you have no idea of the circumstances of the alleged offence.

nfpad

CIVIL ENFORCEMENT LIMITED Vs XXXX

Contact Number XXXX

Ref PCN:XXXX

 

CLAIM FOR MONIES RELATING TO A PARKING CHARGEFOR PARKING IN A PRIVATE CAR PARK MANAGED BY THE CLAIMANT IN BREACH OF THE TERMS + CONDITIONS (T+CS). DRIVERS ARE ALLOWED TO PARK IN ACCORDANCE WITH T+CS OF USE. ANPR CAMERAS AND/OR MANUAL PATROLS ARE USED TO MONITOR VEHICLES ENTERING + EXITING THE SITE.DEBT + DAMAGES CLAIMED THE SUM OF 236.00 VIOLATION DATE: 04/02/2018 TIME IN: 10:48 TIME OUT: 11:32 PCN REF: XXXX CAR REGISTRATION NO.: XXXX CAR PARK:- XXXX TOTAL DUE- 236.00 (REF:XXXX) OR TEL:01158225020)THE CLAIMANT CLAIMS THE SUM OF 249.14 FOR MONIES RELATING TO A PARKING CHARGE PER ABOVEINCLUDING 13.14 INTEREST PURSUANT TO S.69 OF THE COUNTY COURTS ACT 1984 RATE 8.00% PA FROM DATES ABOVE TO- 16/10/18 SAME RATE TO JUDGMENT OR (SOONER) PAYMENT DAILY RATE TO JUDGMENT- 0.05 TOTAL DEBT AND INTEREST DUE- 249.14

This is the ONLY information I have to go on, other than a letter from DCBL Bailiff stating I owe CEL money.

KeithP

nfpad said:

...I am almost ready to throw the towel in, it seems so impossible to make an argument against something when you have no idea of the circumstances of the alleged offence.

And that of course is exactly what they are hoping for.

Coupon-mad

This is as easy as pie.  No giving up.

Copy any other set aside thread, we have shedloads every week and they all copy each other's wording.

CEL will not consent, or if they do they will expect you to roll over and pay them hundreds of pounds, so crack on with the usual £275 set aside using form N244, plus a WS, plus a word doc Draft Order like everyone does.

CEL don't use solicitors to file claims because they rejoice in having an in-house 'legal team' led by Scott Wilson, who was previously Head of Legal at WONGA.  Yep, that's their calibre and in our experience they rarely bother to trace new addresses, perhaps because they know they can do this to people instead.

Look how easily DCBLtd traced your new address.  CEL could have done that in 2018, costs from 29 pence for an Experian 'soft trace'.  But no, they are the kings of predatory default CCJs.

You do not need a defence yet; you can't know what this is about until you receive full details later in this process, after you get the CCJ set aside. However, if you play it like people have done recently in all our set aside threads, you will be arguing that a defectively-served claim is 'dead' after 4 months and the court cannot make a lawful Order to keep it live.

You will see how easy this is when you find other CCJ threads from this past month arguing the same as you.  Exactly the same.

Don't forget at the hearing to ask for your £275 and other costs due to this Claimant's unreasonable conduct.

By the way, I used to work as a Mortgage manager and you never have to tell your lender after you've already got the mortgage, if you later get a CCJ.  They can't just pull the plug. That's not how mortgages work, unless things have changed in a weird way!

nfpad

@Coupon-mad thanks very much for the reply. Getting myself in a bit of a state here.

I understand the laws and the process for the most part, only bit I'm not getting right now is the "4 month" rule, I can't seem to find any of the legal points in relation to it?

I will type up a better WS and DO tonight.