Unjust CCJ because of an invalid parking ticket that I had no idea about! HELP PLEASE!

Le_Kirk

ahmedraya92 said:

Sorry, last question: I've tried searching for an email address for CEL's legal team but couldn't find anything. Anything you can give me?

These are the three e-mail addresses I have for CEL: -

office@ce-service.co.uk

Legal3@ce-service.co.uk

dataprotectionofficer@ce-service.co.uk

ahmedraya92

Thanks for that @Le_Kirk
Here's what I sent to Legal3@ce-service.co.uk:

URGENT

Dear Sirs,

CIVIL ENFORCEMENT LTD (THE ‘CLAIMANT’)  V (Removed by Forum Team) CLAIM REFERENCE (Removed by Forum Team)

On 28th April 2024, I checked my credit report on Experian, and found a CCJ issued against me. This came as a tremendous shock as I have not received any communication from the Claimant or any organisation representing the Claimant in relation to this claim.

I made immediate enquiries of the CNBC from which I was able to establish that:

1.       the claim relates to an alleged parking event in 22nd July 2022;

2.       the claim form was sent to an old address at which I no longer reside; and

3.       if I had been given the opportunity to do so, I would have successfully defended the claim.

I did not receive any pre-claim correspondence, not even a letter of claim as required by the PAP. Nor did I receive the claim form or any particulars of claim and was thus deprived of the ability to defend the claim. The Claimant is well aware that people move home from time to time. They also know that I did not respond to any communications sent to me at my old address. I have also immediately changed my address with DVLA the same day I moved out of my old address.

This situation is explicitly dealt with in the Civil Procedure Rules which provide at CPR 6.9(3):

 (3) Where a claimant has reason to believe that the address of the defendant … is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).

The Claimant is a member of the British Parking Association (the ‘BPA’) and is bound by the BPA’s Code of Practice which gives voice to CPR 6.9(3) in the following terms:

 24.1c Before serving a Letter Before Claim and prior to the issue of proceedings, Operators must, if no responses have been received to the NTD/NTK/reminder letters, take reasonable endeavours to ensure that the contact details for the person you are writing to are correct.

 If the Claimant had taken the actions required by the Civil Procedure Rules and the Code of Practice, my current address would have been found easily.  If those actions had been performed at the correct time, I would not have been deprived of the ability to defend the claim.

By reason of the Claimant’s breach of the Civil Procedure Rules, which amounts to an abuse of the process of the Court, the claim form was never properly served and the judgment must be set aside at the Claimant’s expense and the claim dismissed because it is now too late for the particulars of claim to be re-served.

In view of the foregoing, I invite the Claimant to join with me in an application to set aside the judgment and dismiss the claim, with the Claimant paying the court fee and no order as to costs.

Please respond to the above offer as soon as possible so that, if the offer is acceptable to the Claimant, we can work together to right the wrong that the Claimant has done to me.

To give you a reasonable time to take instructions and for us to agree a suite of documents for the Court, I am willing to defer making a unilateral application to set aside the judgment until 4 pm on 13 May 2024. If a joint application has not been made by that time, I intend to instruct a solicitor to apply to the Court unilaterally for an order setting the judgment aside, striking out the particulars of claim, dismissing the claim and awarding costs against the Claimant on a full indemnity basis.

Pease respond by immediate return.

Yours faithfully,

(Removed by Forum Team)

fisherjim

ahmedraya92 said:

When we were at The Plough, we asked the owners of the pub if it was okay to park there, and they said that it was free for paying customers. I have proof of transaction to the plough on the day in question. They even state that in their website (can't post links because i'm new here, but just Google The Plough wolvercote parking, and you'll see what i'm saying). I don't feel like I owe them anything!

Well it looks like the pub didn't input your VRN into their system and have caused you a major problem:

PARKING

We have had a parking system installed, customers will be able to park free of charge, we will just require you to come in and provide your number plate.

https://www.theploughoxford.co.uk/

Coupon-mad

I don't know where osters are getting thos bit from?

"to instruct a solicitor"

Remove that phrase.

Not only do you not need a solicitor but it immediately weakens your email if you show that you aren't confidently acting on this yourself.