Default CCJ sent to the wrong address

dr_ccj

SWS has been sent to the court with another email scheduled to give the CEL legal team a nice Monday morning surprise at 8am

One step closer, I'll keep you guys updated! Big BIG thank you

dr_ccj

I sent the SWS to the court and got a generic response back but hopefully that is now all logged and will be included with all my documents.

But good news, I received a letter stating that my hearing is going to be 29th November 2023! 

I'm getting my skeleton defence ready using the one @hallie28 created as a template and will send that to the court a couple of weeks prior to the hearing and I'll absolutely include the Civil Enforcement VS Ming Tak Chan Judgment.

34 days till D-Day!

dr_ccj

Have been meaning to post an update after the hearing last Wednesday.

Essentially the judge hadn't read anything that I'd written and focussed entirely on the fact that I hadn't updated my DVLA address at the time of the parking fine being issued (35 months prior to the CCJ) despite me quoting the BPA code of practice etc. 

CEL didn't show up (which I was expecting), however I was thrown by them having submitted a statement which basically said that they were still willing to set the judgement aside if I paid them £95. The judge looked on this pretty favourably and if I'm honest, whilst he seemed very nice, I had lost confidence by this point and decided to settle. 

I think I would have had a good chance had it gone to the next step, however I simply don't have the time to continue fighting this. I have some comfort in knowing I've prevented CEL getting the full £300 odd they were initially claiming and been a pain in the backside whilst I was at it. 

I am sure there is disappointment that I didn't take it further but this felt like the right choice at the time for me. I can't emphasise what a Godsend this forum was when I stumbled across it, thank you so much for everyone's help. You are truly fantastic people. 

Have a wonderful Christmas period!

Coupon-mad

dr_ccj said:

Have been meaning to post an update after the hearing last Wednesday.

Essentially the judge hadn't read anything that I'd written and focussed entirely on the fact that I hadn't updated my DVLA address at the time of the parking fine being issued (35 months prior to the CCJ) despite me quoting the BPA code of practice etc. 

CEL didn't show up (which I was expecting), however I was thrown by them having submitted a statement which basically said that they were still willing to set the judgement aside if I paid them £95. The judge looked on this pretty favourably and if I'm honest, whilst he seemed very nice, I had lost confidence by this point and decided to settle. 

I think I would have had a good chance had it gone to the next step, however I simply don't have the time to continue fighting this. I have some comfort in knowing I've prevented CEL getting the full £300 odd they were initially claiming and been a pain in the backside whilst I was at it. 

Sounds like that's the best you could get from a bad Judge.  I applaud you for a pragmatic resolution of the dispute. I think you had no choice but to agree to that stupid consent offer because the Judge was blaming you and not them.

The important things are:

- you got that CCJ set aside!  CONGRATS!

- the PCN has gone and they made nothing

- the monkey is off your back

- PLEASE DO THIS INQUIRY THIS WEEK WHILE IT'S ALL FRESH IN YOUR MIND.
...please help us fight this final fight:

Do this Inquiry pleeeease by saying what I coach here and attaching your evidence of the CCJ case:
https://forums.moneysavingexpert.com/discussion/comment/80445563/#Comment_80445563

Closes next week.

And can you also please add a point to say to the Justice Committee this:

How can it be right that a rogue parking firm can exaggerate a claim and pay just a £35 fee to improperly serve it to an old address (no checks made, which breaches the CPRs and the BPA Code of Practice) and yet the victim of these secret CCJs have to pay a huge £275 to unpick the damage done by the Claimant?  This is unjust and must be put right.