CCJ from Civil Enforcement Ltd - advice please

Coupon-mad

Emmanat said:

Hi to all who have helped me so far on this thread, again, it is much appreciated!

I'm hoping I'm on the final straight of this saga now. I've received notice of the claim hearing date and now have to deliver copies of the documents I intend to rely on. I have two questions I'm hoping someone can assist with...

- Given I've had to go about this in a roundabout way and fight the default CCJ before the actual claim, I was going to work on the assumption that the documents/exhibits that I've already used should be sufficient to re-use. Is this correct?

Probably not.

I would have thought so far all you have supplied is a WS about setting aside the CCJ (evidence of moving house) then a defence. No second WS about the PCN itself and no 'exhibits' like the ones listed in the NEWBIES thread Post 2 section about WS stage?

That's what is needed now. A WS bundle.

However it looks like you did a hybrid defence attaching exhibits! Never seen that done before (defences do not contain evidence) but maybe you feel that is enough?

- There is a sentence on the notice saying that the claimant needed to file a properly completed application by the 30th July otherwise the claim will be struck out. I've had radio silence from them all the way through this process, so is there a way of me finding out if this actually happened or am I to assume that the original claim that resulted in the default CCJ is what will be used here?

No. They and you have a deadline to supply a WS bundle. The sentence you picked out is meaningless because that's only IF they didn't pay the hearing fee. The only way to find that out is by ringing the local court and asking.

This is an in-house CEL Claim so they might well discontinue but sometimes they carry on.

Can you show us a pic of the sign? Even if it's been shown earlier on this thread please re-post. You need evidence for your WS bundle.

Are you still out if pocket or did the first judge award your £303 fee back and you got it?

Emmanat

Coupon-mad said:

Emmanat said:

Hi to all who have helped me so far on this thread, again, it is much appreciated!

I'm hoping I'm on the final straight of this saga now. I've received notice of the claim hearing date and now have to deliver copies of the documents I intend to rely on. I have two questions I'm hoping someone can assist with...

- Given I've had to go about this in a roundabout way and fight the default CCJ before the actual claim, I was going to work on the assumption that the documents/exhibits that I've already used should be sufficient to re-use. Is this correct?

Probably not.

I would have thought so far all you have supplied is a WS about setting aside the CCJ (evidence of moving house) then a defence. No second WS about the PCN itself and no 'exhibits' like the ones listed in the NEWBIES thread Post 2 section about WS stage?

That's what is needed now. A WS bundle.

However it looks like you did a hybrid defence attaching exhibits! Never seen that done before (defences do not contain evidence) but maybe you feel that is enough?

- There is a sentence on the notice saying that the claimant needed to file a properly completed application by the 30th July otherwise the claim will be struck out. I've had radio silence from them all the way through this process, so is there a way of me finding out if this actually happened or am I to assume that the original claim that resulted in the default CCJ is what will be used here?

No. They and you have a deadline to supply a WS bundle. The sentence you picked out is meaningless because that's only IF they didn't pay the hearing fee. The only way to find that out is by ringing the local court and asking.

This is an in-house CEL Claim so they might well discontinue but sometimes they carry on.

Can you show us a pic of the sign? Even if it's been shown earlier on this thread please re-post. You need evidence for your WS bundle.

Are you still out if pocket or did the first judge award your £303 fee back and you got it?

When I got the CCJ set aside, I provided a witness statement, skeleton argument and multiple exhibits showing proof of payment and the fact that the claim wasn't served properly in the first place. I also included supporting case law. Frustratingly, the claim wasn't struck out completely so the process was effectively reversed back to the claim hearing point for which I submitted a defence (I did reference some exhibits here that I knew I had to hand from getting the CCJ set aside, but didn't actually present them).

My thought process was that I already have quite a comprehensive set of supporting documents and exhibits so was hoping they could be repurposed (in all honesty I'm not entirely sure what else I could rely on)?

Unfortunately I don't have a pic of the sign as the incident was from a few years ago and I'm no longer living close to the area, but I have been able to obtain the payment tariffs for the car park online and have proof that I paid for the period that I was in the car park, so this is what I was planning/hoping to be my main evidence point.

Yes, I'm still out of pocket. I did also present a costs schedule at the CCJ hearing, but the judge said that as my original N244 application only applied for the set aside, I would have to re-apply for cost reimbursement at the claim hearing.

Coupon-mad

OK so did his/her Order 'reserve' your costs?

Sounds like you submitted enough evidence already but I would update your costs assessment now, to add in travel and loss of a day's leave for THIS upcoming hearing.

And we trust you have been reading the forum more widely and know about the vital Public Consultation that is now open?

We hope posters would have seen the thread about it and bookmarked it.

We need you:

It's very important that people like you please join us to reply to the new Public Consultation, to tell the Government that:

a) you have no faith in POPLA or the IAS and that there must be the SINGLE APPEALS SERVICE that the Parking (Code of Practice) Act 2019 all but 'promised' the public. As long as it is independent (and only ONE appeals service, not two involved in a race to the bottom) that will give a real option to resolve disputed cases out of court.

b).  THAT THE ENRICHMENT OF 'DEBT RECOVERY FEES' MUST BE COMPLETELY BANNED. DISPUTED CASES ARE NOT SOLVED BY DEMANDING MORE MONEY AND SENDING £170 THREATOGRAMS TO AN OLD ADDRESS. THIS IS JUST 'EXTORTION' THAT ARTIFICIALLY INCREASED YOUR CCJ.

c). Tell them about your experience and that your case caused a CCJ,precisely because (a) and (b) above mean there is no option, no safeguard for consumers and there was nothing in it for CEL to bother to do a soft address trace and reissue the PCN to the right address. So they just didn't bother. CCJs make them a shedload more money as most people pay. This cannot be right.

Responses are invited to the Consultation now:

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-8-weeks-from-11th-july-2025/p1

We will discuss it all in more detail on that thread so do come back next week, when we get our teeth into the questions.

Emmanat

Yes, costs reserved from what I can remember (although I'll have to double check to be sure).

Thanks @Coupon-mad, I'll be sure to contribute what I can to the Public Consultation.

Le_Kirk

Emmanat said:

I'll be sure to contribute what I can to the Public Consultation.

It's people in your position, that have actually been through the process, that can give accurate first hand evidence of how bad the system is and what hoops you had to jump through to get where you are and you still have more to go.