CEL claim - stages after CCJ set aside

CliveTreeHorn

Update: I've had the original CCJ set aside, submitted documents and am now awaiting court.


Hi all, I need some help/advice.

I've read the newbies post which was very useful, I've also spoken with NationalDebtHelpline.

My facts are:

On Friday night I realised my normally high credit score has massively dropped.

I found out through a credit score company that I had a default CCJ against me in April 2023. 

I called NDL on Saturday who informed me of my options in regards to clearing my credit score, namely paying the company I owe or applying to set it aside. 

On Monday I called the court who informed me that the debt was to Civil Enforcement Ltd for a PCN which occured on 24th March 2022 at a private ANPR carpark connected to Morrisons and was sent to my old address.

When I moved in 2020 I contacted the DVLA to confirm my new address, and received my updated license, however I forgot to update my V5C. 

My V5C was issued on 20 April 2022.

My memories of the incident are foggy due to the  time lapsed, however I have a email from the carpark app, requesting a password reset, but not carpark receipt. My bank statement also shows a 1p transaction being processed the day after the incident where I tired, unsuccessfully to setup my card. 

I think I was having issues with logging into and paying for the parking ticket so I in the end manually paid. The carpark offers a £5 off your shop at Morrison, and I have a transaction for 49p, so I fairly certain on this, however do not have a copy of the receipt.

Questions:

I have never received any paperwork in regards to this from CEL. Should I contact them to ask for copies?

Should I submit a SAR request to determine if my numberplate is logged for the date in question, as it's a digital car park, even if I paid with cash?

Do I have a case to set aside the CCJ as the documentation was sent to my old address?

Admittedly it was my error the V5C was not up to date, however it was updated before CEL would have presumably commenced legal procedures so therefore should they not have done a soft trace?

I'm horrified that I have a CCJ so the overriding outcome for me is to remove it from my record. If an attempt to set aside fails, will this mean it will be harder/more costlier to get CEL to agree to remove?

Thanks in advance.

DT

Coupon-mad

Yes set it aside and use CEL v Chan as an exhibit.  This is covered in the NEWBIES thread.

The most recent thread to read who has gone through this and had their parking CCJ set aside, PCN cancelled/claim dismissed - and all their costs back - is by @Troublesum1(among the top threads with replies today). 

CliveTreeHorn

Thanks Coupon mad, much appreciated! 

Will take a read. 

Coupon-mad

It's a faff but easy enough. With the right knowledge & evidence you will win this easily.

You need to ring the CNBC again to ask for a copy of the POC to be emailed to you, so you can use it as evidence of woeful POC.

CliveTreeHorn

I have the POC, see below.

Can I contest their inflated charges?

Claim No: XXXX

 

Claimant: CIVIL ENFORCEMENT LIMITED

 

Claimant solicitor: CIVIL ENFORCEMENT LIMITED

Telephone: 0870 919 5577

Reference: PCN:XXXXXXX

 

Judgment amount: 304.48

 

Particulars of claim: CLAIM FOR MONEY RELATING TO A PARKING CHARGE FOR BREACH OF CONTRACT TERMS/CONDITIONS(TCS) FOR PARKING IN PRIVATE CAR PARK (CP) MANAGED BY CLAIMANT. DRIVERS MAY ONLY PARK PURSUANT TO TCS OF USE DISPLAYED IN CP AND AGREED UPON ENTRY/PARKING.

ANPR CAMERAS OR MANUAL Patrols Monitor VEHICLES ENTERING/EXITING THE CP AND TC BREACHES. CHARGES OF GBP182.00 CLAIMED.

 VIOLATION DATE: 24/03/2022 PAYMENT DUE DATE: 22/04/2022
 TIME IN: 12:22
TIME OUT: 14:37
 PCN: XXXXX VEHICLE REG MARK: XXXXX CAR PARK:- XXXX   
TOTAL DUE- GBP182.00
 (PAY:WWW.CE-SERVICE.CO.UK OR 01158225020)
THE CLAIMANT CLAIMS THE SUM OF GBP196.48 FOR THE UNPAID PARKING CHARGE INC GBP14.48 INTEREST UNDER S.69 OF THE CCA 1984
 RATE: 8.00% PA FROM DUE DATE TO- 22/03/23 SAME RATE TO JUDGMENT OR SOONER PAYMENT AT DAILY RATE OF- GBP0.04
 TOTAL DEBT AND INTEREST DUE- GBP196.48      

 

CliveTreeHorn

Also, should I submit a SAR? 

1505grandad

CliveTreeHorn said:

Also, should I submit a SAR? 

No  -  not with those POC

Coupon-mad

Just do what the NEWBIES thread says. @Troublesum1 did!

Le_Kirk

........ and don't be tempted to pay off the CCJ as it will be marked as satisfied but still exist on your credit history.

CliveTreeHorn

Hi all,

Really appreciate the advice given so far, most helpful. I want to submit the following by COP tomorrow, as its been a week since I've been made aware of it and i want to act promptly. 

Is there any feedback on the WS and DO ?

WITNESS STATEMENT 
 
I am XXXXX and I am the Defendant in this matter. This is my supporting statement to my application dated XXXXX requesting to: 
 
a. Set aside the Default Judgement dated 18 April 2023 should be set aside under CPR 13.2 (a) as it was not properly served at my current address and order for the Claimant to pay the Defendant £275 as reimbursement for the set aside fee; 

CPR 13.2 states 
 
13.2 The court must set aside a judgment entered under Part 12 if judgment was wrongly entered because– 
 
(a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied 
 
 
CPR 12.3(1) states 
 
12.3 
 
(1) The claimant may obtain judgment in default of an acknowledgment of service only if – 
 
(a) the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and 
 
(b) the relevant time for doing so has expired. 
 
The relevant CPR for acknowledgment of service is CPR 10.3 which states 
 
10.3 
 
(1) The general rule is that the period for filing an acknowledgment of service is – 
 
(a) where the defendant is served with a claim form which states that particulars of claim are to follow, 14 days after service of the particulars of claim 
 
 
CPR 6 deals with service. 
 
As I did not give an address to the claimant at which I could be served, primarily because I was not aware, CPR 6.9 applies. 
 
CPR 6.9 stipulates that an "Individual" should be served at their "Usual or last known residence." 
 
The claimant, having not obtained an address directly from the Defendant, and having obtained an address from a 3rd party quite some time ago and received no response, did not have the requisite knowledge nor perform the requisite "reasonable diligence" required to find my correct address in order to serve the claim form. 
 
b. Order for the original claim to be dismissed. 
 
DEFAULT JUDGMENT 

  

1.1.  I was the registered keeper of the vehicle at the time of the alleged offence. 

1.2.  I understand that the Claimant obtained a Default Judgement against me as the Defendant on 18 April 2023. I am aware that the Claimant is Civil Enforcement Ltd, and that the assumed claim is in respect of unpaid Parking Charge Notices from 24th March 2022 at CAR PARK NAME AND ADDRESS. I contest this charge for the reasons outlined in Part 2 of this defence. 

1.3.  The claim form was not served at my current address, and I thus was not aware of the Default Judgement until 3rd November 2023 following a report from a routine credit check 
 
The address on the claim is OLD ADDRESS. I moved to my current address at NEW ADDRESS on the 13th March 2020. In support of this I can provide a copy of my completion statement, alongside a council tax and utility bill. 

The Defendant has not once received any communication on this matter, via either post or on-screen car ticket.  

1.4.  In addition to the above, it should be highlighted that the integrity and law-abiding intention of the Defendant should be taken into consideration on the basis that; 
 

1.4.1.     I discovered a CCJ was lodged onto my credit file on the evening of the 3rd November 2023. 

1.4.2.     On 6th November 2023 I contacted the County Court Business Centre to obtain relevant information relating to this default judgement 

1.4.3.     On HOPEFULLY TOMORROW I have wilfully submitted my case in order to set-aside this judgement and fairly present my case. 

1.5.  I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s correct contact details at the time of the claim. 

1.6.  On that basis, I believe the Claimant has not adhered to CPR 6.9 (3) where they had failed to show due diligence in using an address that the Defendant no longer resides. The claimant did not take reasonable steps to ascertain the address of my current residence despite having 13 months to establish an address. This has led to a defective service and an irregular judgement. 

1.7.  Considering the above I was unable to defend this claim. I believe that the Default Judgement against me was issued incorrectly and thus should be set aside and I ask the Court to kindly consider the reimbursement of the fee of £275 from the claimant should this request be successful. 
 
ORDER DISMISSING THE CLAIM 

2.     Order dismissing the Claim 

2.1.  I further believe that the original Claim by the Claimant has no merit and should thus be dismissed. I understand the Claimant to be a Private Parking Company that issues “Parking Charge Notices” which the Claimant believes are due as a result of an alleged breach of contract for parking by a motorist. 

2.2.  I had an active parking permit, logged manually via a cash payment from the ticket machine at the time of the alleged offence and given the opportunity I would have appealed the ticket on this basis 

2.3.  For all or any of the reasons stated above, I ask the court of its own volition to strike out this claim and to order the Claimant to refund the Defendant's costs for attending, namely the £275 Court fee in bringing this set aside case, despite not being shown to be liable for any parking charge at all. 

2.4.  If required to defend at a further hearing, I will require all copies of paperwork, letters and other documentation including pictures of all signage from the Claimant in order to make informed decisions and statements in a comprehensive defence as alleged driver. 
 
Statement of Truth: 
I believe that the facts stated in this defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. 

  

DRAFT ORDER 
IN THE COUNTY COURT AT 

Civil Enforcement Limited (Claimant) 
And 

XXXXX (Defendant) 
 
District Judge 

UPON reading the Defendant's application dated TOMORROW and the annexed witness statement of XXXXX dated TOMORROW 

IT IS ORDERED that: 
1. The default judgment dated 18 April 2023 be set aside. 
2. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4 pm on [date] the Claimant shall pay the Defendant's costs summarily assessed at £275 and the claim shall be struck out. 
3. If the Claimant serves the claim form as directed in paragraph 2 the Defendant shall file and serve a defence by 4pm on [date]. 
4. Should the Claimant discontinue the Claim after the CCJ is set aside the Claimant shall pay the Defendant's costs summarily assessed at £275 plus the Defendant's costs for attending the hearing. 
5. That all enforcement be put on hold pending the outcome of the application. 

CliveTreeHorn

Sorry forgot to ask should i mention CEL v Chan in the WS for the application N244 ? of save it for the WS for the hearing?