2x CCJ's - Civil Enforcement Limited - Private Parking Violation

Coupon-mad

Just to point something out to you because this is your position now and you have a decision to make, assuming you are 100% certain that the date of the CCJ is very recent (11th November):

Given that the CCJ is not more than 30 days ago you CAN pay it off in full NOW (VERY quick before the HCEOs rock up and add fees) and it will be wiped.  No CCJ left at all.

So, deciding instead to apply to set it aside IS a risk.

You need to know that the CCJ will not be frozen during the course of your application.

It will damage your credit rating in the meantime and there is a danger that a Judge might not agree with your application and order you to pay it. In which case the CCJ would remain on your record marked 'satisfied'.  It would not be wiped unless the Judge uses his/her discretion to allow your application and lets you defend, or strikes out the claim.

I'm saying this because IIRC the Claim Form was sent to the right address?  So it is not as simple a matter as our other cases.

You are relying upon the discretion of the Court by opting to go this way.

RedOrchid

Thanks for your input @Coupon-mad…

I understand that it is a risk and it would be down to judge discretion. 

The CNBC employee told me it was sent to the address I confirmed on the judgement, however, the previous employee I spoke to before had told me that they couldn’t see that in their system so I honestly don’t have too much faith on this information and I cannot understand how I received the judgment order but not the claim form. 

Cause of Action Estoppel seems to have had quite a few triumphs, I would like to think that my case would be quite strong that this claimant put forward a third claim for PCN’s with the same particulars. 

If you look at my WS, do you not think it’s enough to defend this claim and that my chances are reduced simply because I didn’t defend on time (due to not receiving the claim form)? 

Coupon-mad

Yes and yes. I think you have good grounds.  Referring to VCS v Carr and the Denton principles in your WS should hopefully convince a Judge that your 'breach' was minor or non-existent and that you should see the CCJ set aside.

Also CEL v Carr and CPMS v Akande are persuasive, if this claim was poorly pleaded as well as not received. 

I just wanted to be sure you knew that this route means a CCJ will hit you for a (hopefully short) while and is not frozen.

RedOrchid

Thanks @Coupon-mad, I'm currently waiting on the phone with my local court to get this submitted. 

I only have two exhibits (Chan and Akande) with my WS, do you think I'd benefit from including anything else?

Coupon-mad

Carr!  You must add VCS v Carr.

Thread by @icy_fox has it.  So does another thread with the actual transcript when we first got it.

RedOrchid

Super, will add as an exhibit too!

RedOrchid

@Coupon-mad, I tried ringing the court yesterday but gave up after waiting for 2h, this morning I called again only to be told that I had waited in the wrong queue and all civil matters are being heard by a dedicated team (National Contact Centre for Civil & Family Court), will give them a try but I’m wondering whether they’d be any different to the CNBC, their automated line sounds like CNBC but I could be wrong… 

RedOrchid

I've email my local court so I need to wait for a reply, hopefully they don't take too long to get back to me, in Icy's case they turned it around pretty quickly so here's to hoping...If I have not heard back from them by mid-week next week, I probably will go down the CNBC route...

RedOrchid

Received an email back from my local court:

"Good morning,

 

Unfortunately, we are unable to process your application because:

 

1. According to the system no writ has been issued under any of the cases. You cannot apply to stay a writ that does not exist.
2. At least two of the cases appear to have existing applications on them being processed by the Civil National Business Centre. Any application to consolidate the cases would require all three cases being referred to a judge and the Civil National Business Centre has all three cases.

 

It would appear you will need to enquire with the Civil National Business Centre what is happening with those applications. In the event that they are applications to set aside judgment they would be referred to their judge and thereafter they are usually transferred to a local court for a hearing. Any enforcement would then have to wait until the applications to set aside has been resolved so the Civil National Business Centre would have to resolve your applications before any writ could be issued."

Coupon-mad

Just apply to the CNBC then.

You could put in your covering email and the Draft Order that all three cases - list the claim numbers - should be consolidated (if they are still live claims, not discontinued by CEL?) but also draw to the attention of the CNBC that these three applications have so far cost you £909 (if true). 

Good to hear "there is no Writ " (no HCEOs) yet, which is the lucky thing that happens when CEL file claims themselves.

Had they used DCB Legal to file the claim there would be a writ already because that's what they do.