Help please - CCJ & Debt Recovery – from unknown Parking fine

Coupon-mad

i wouldn't add that.  Keep the WS concise, as it's a second one.

Needs the statement of truth, sig and date too.

Jack5656

OK I will leave those two extra points out. Thanks for your patience with all my questions.

So the supplementary WS is exactly same format as original then. I will add the statement of truth.

As I am adding a new piece of evidence I was not sure if I start a new Annex A on the supplementary WS, or just reference the evidence as part of Annex B (which it relates to) for the original WS?

Coupon-mad

Do whatever makes most sense, for ease of reference for the Judge.

Jack5656

Well I called CEL and got the time of alleged offence which makes it impossible that I was the driver. I have proof to show I was at work in another town then!

When I asked why they did not perform a trace in line with BPA code of conduct CEL advised they passed my case to a debt company in May 2018 and that they would have performed a trace and let them know if they found a new address but didn't. Well I know I updated my address months before May 2018 to all organisations like council, DVLA, banks, utitlies etc so I can't see how an alleged trace could not pick up the address I was at to deliver the notifications. DCBL had no issues tracing me in 2022!

Coupon-mad

CEL advised they passed my case to a debt company in May 2018 and that they would have performed a trace.

Well they would say that, wouldn't they? Clearly it isn't true, because you were there to be found.

Jack5656

Well I have just found this in my spam folder from CEL 10 days ago:

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.

They ignore the evidence I have showing I did update DVLA promptly and that I have cast iron evidence of not being the driver at the time and date of alleged offence, so to say I have no chance to defend the claim is utterly ridiculous.

Standard scare tactics but even if I agreed to this I don't suppose that would get me my £275 application fee back?

Coupon-mad

Standard tactics seen before but £85 is very interesting, in that it is low (the reduced discounted PCN plus the court filing fee only) and this admits that their so called DRA costs were non-existent.

Effectively this looks like an admission that the added £70 was extortion, as the DLUHC declared in February.

They are clearly not at all keen to risk having to pay your £275 fee, haha!  Bring it on.

That so called offer would see you lose your £275.  Which in your case a Judge should order against CEL, with a fair wind.

Bear in mind you can't show the court any offers like that, until it comes to the final matter at the hearing, of discussing costs.

Le_Kirk

If it is a set-aside by consent, is it not £108 only?

Coupon-mad

No because he's already applied.  It's not a set aside by consent.  CEL wish it was!

Jack5656

Yes they did mention £108 back in April before I applied but now I've spent £275 I won't be taking their offer!

I'm just hoping the judge will rule to set aside (surely they cannot do otherwise with the evidence here?) and then order CEL to pay my costs.

I have never been to court and represented myself (albeit a phone hearing) so any advice please?