2nd and 3rd unknown CCJ from civil enforcement ltd!

abisharpe

Hi, 
Abit of back ground i'm a nurse at a children's hospital and they use CE  for one areas of the trust!

Just wanting a little bit of advice. I happened to find on my credit score in 2020 a CCJ from CE ltd for a parking offence which happened in may 2019 which I fought and had it set aside, as they had given me no correspondence and no evidence to the supposed fine! Everything had gone to my old address even though my V5 was changed straight away and also my driving licence.

I woke up yesterday to alas find 2!! new CCj's dated from april 2022, these are both yet again from the same spot in the hospital. however these are dated march 2019. so yet again they had no interest or want to try and find me even after the court case in 2020! I am in the process of sorting out new N244 forms and i will take them to court yet again. 

1) has anyone else had experience of this?and did you win the 2/3rd time?
2) Does anyone know if or how I can also claim for stress/undue upset anything like that? As i am beyond upset and angry at the complete incompetence of this company! (even the woman on the phone agreed with me that it was a shambles!)
3) is there anything else I can add into my witness statement to really drive home how infuriating and incompetent this company is?

any advice help is really welcome!

Abi 

Mouse007

I expect when our resident Rottweiler picks up on this you will be so pleased to have found us.

I’ve got my popcorn, this should be fun.

CE will be toast.

Coupon-mad

Write to (email) CEL and give them 14 days to agree to provide a suitable Tomlin Order and agree to foot the entire court fees bill to set these two aside and dismiss both claims, because:

(a) they had your new address from the previous successful set aside hearing so this is data abuse and in clear breach of the BPA Code and CPRs obligations to take steps to check details before filing claims, and

(b) these two additional CCJs are an abuse of process, not only for the above reason but also due to 'cause of action estoppel' (i.e. a Claimant can't have a second and third bite of the cherry, bringing to court a claim merely tweaked with different PCN dates but turning on the exact same duplicate facts as the claim that was already dismissed).

Tell them that doing this will certainly have value to them, because you will not be paying and if they refuse or ignore this reasonable resolution, you will show this correspondence to the Judge and claim £275 x 2 plus all hours spent on the cases.

Further, a counterclaim for harassment, abuse of process and data abuse (as per Simon Clay v Civil Enforcement Ltd) is also likely to follow if they refuse to sort this mess out.

Therefore, CEL currently stand to be paying out a sum in the region of £1000 altogether if they force the Defendant to have to expend valuable time and money to overturn the CCJs.  Take note that the Defendant is copying in their constituency MP with a request to inform the new ministers and new SoS at DLUHC about this case in September, and you will also be asking your MP to encourage the Government to use this as a 'case study' in their upcoming Impact Assessment.

Email:

legal3@ce-service.co.uk

and

office@ce-service.co.uk

AND COPY IN YOUR MP.  Visibly cc'd in.


In the meantime, read the threads by:

@Brokenchief

and

@Jack5656

and prepare to have to copy exactly what they did, yep, a 2nd & 3rd application at £275 a pop.  If CEL don't respond or don't play ball.

You can state in the application that you intend to claim all your costs and hours spent on the case, and that the Claimant has acted wholly unreasonably.

Do not hang about. You have a requirement to 'act promptly' with the applications if you are forced to go that route.

Mouse007

Coupon-mad said:

Further, a counterclaim for harassment, abuse of process and data abuse (as per Simon Clay v Civil Enforcement Ltd) is also likely to follow if they refuse to sort this mess out.

Oh, nice

A case which Civil Enforcement Ltd should know all about, because they LOST.

abisharpe

Thank you so much for your help and advice I will be drafting the email tonight and i will update you on any response I get!

abisharpe

my only issue is that I stupidly paid the actual pcn as in a blind panic and upset I thought 2 satisfied CCJ's were better than nothing so can I state in the email that I want to be reimbursed for the £120 as well?
Really annoyed at myself but I was post nights and just panicked!

Coupon-mad

£120?  Not enough to satisfy a CCJ anyway.

When did you pay that?

abisharpe

When i found out i had the CCj's on the 23rd i rang up CEL legal team and spoke to them, i was mid panic and worried and very tired. So they reduced the original £319 each which was on the file down to £60 each. The woman on the phone then sent through via email a  draft consent order which states that the claims be set aside, the proceedings dismissed and each party shall bear its own costs of this application and the claim in general. 
I was told that would be £108 for each claim. 
So I haven't responded to that as i refuse to pay anymore, im just annoyed that i paid the pcn's in a panic 

Mouse007

abisharpe said:

my only issue is that I stupidly paid the actual pcn as in a blind panic and upset I thought 2 satisfied CCJ's were better than nothing so can I state in the email that I want to be reimbursed for the £120 as well?
Really annoyed at myself but I was post nights and just panicked!

I am confused, you paid which actual pcn? don't we have 3 in play here?

"may 2019 which I fought and had it set aside"

"I woke up yesterday to alas find 2!! new CCj's dated from april 2022"

Time for clarity - dates, actions, outcomes.

Edit to add: posts crossed

Mouse007

abisharpe said:

When i found out i had the CCj's on the 23rd i rang up CEL legal team and spoke to them, i was mid panic and worried and very tired. So they reduced the original £319 each which was on the file down to £60 each. The woman on the phone then sent through via email a  draft consent order which states that the claims be set aside, the proceedings dismissed and each party shall bear its own costs of this application and the claim in general. 
I was told that would be £108 for each claim. 
So I haven't responded to that as i refuse to pay anymore, im just annoyed that i paid the pcn's in a panic 

Phew, draft consent order, not court sanctioned - add that to your claim

abisharpe

sorry i'll clarify: in 2020 i found a CCJ from may 2019 took CEL to court, won it had it set aside.

2 days ago found 2 more CCJ's on my credit file from april 2022 the 'offences' dated march 2019. These were both on the system as £319 each. I spoke to the CEL legal team and they reduced the charges to £60, in a panic i paid! They then sent the draft consent form which i oppose