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

RedOrchid

Sorry, forgot to add the part demanding an explanation as to why they haven't asked the court to remove and satisfy one of the CCJs:

On the 10 June 2024, I discovered via a credit report that I have two CCJ's against my name from yourselves. This came as a tremendous shock as it is the first and only communication I have received from the Claimant or any organisation representing the Claimant in relation to this claim.  In December 2023, I became aware of a single CCJ against my name which I have made payment to the Claimant to the sum of £327.90 on the 29th December 2023, I hereby demand an explanation as to why you have failed to communicate to the court that this CCJ had been paid, therefore needed to be removed. 

Coupon-mad

Yes that's fine.

Show us the two POC.

Remove "instruct a solicitor" from the final paragraph and change 'the Claimant' in the first paragraph to "you". 

RedOrchid

Sure, here it is! 

Claim No: RETRACTED

Claimant: CIVIL ENFORCEMENT LTD.

Claimant solicitor: CIVIL ENFORCEMENT LTD.

Telephone: 0870 919 5577

Reference: PCN:RETRACTED

Judgment amount: 326.82

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 UPONENTRY/PARKING. ANPR CAMERAS OR MANUAL PATROLSMONITOR VEHICLES ENTERING/EXITING THE CP AND TC BREACHES.

 CHARGES OF GBP182.00 CLAIMED.   VIOLATION DATE: 15/05/2021                   PAYMENT DUE DATE: 13/06/2021                 TIME IN: 10:56 TIME OUT: 12:08               PCN: REF8189729521                           VEHICLE REG MARK: (RETRACTED) CAR PARK:-         LEAGRAVE                                                                                  TOTAL DUE- GBP182.00                         (PAY:WWW.CE-SERVICE.CO.UK OR 01158225020)    THE CLAIMANT CLAIMS THE SUM OF GBP219.06     FOR THE UNPAID PARKING CHARGE INC GBP37.06   INTEREST UNDER S.69 OF THE CCA 1984          RATE: 8.00% PA FROM DUE DATE TO- 30/11/23    SAME RATE TO JUDGMENT OR SOONER PAYMENT      AT DAILY RATE OF- GBP0.04                    TOTAL DEBT AND INTEREST DUE- GBP219.06      

Claim No: (RETRACTED)

 

Claimant: CIVIL ENFORCEMENT LTD.

 

Claimant solicitor: CIVIL ENFORCEMENT LTD.

 

Telephone: 0870 919 5577

Reference: PCN:(RETRACTED)

 

Judgment amount: 335.08

 

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 UPONENTRY/PARKING. ANPR CAMERAS OR MANUAL PATROLSMONITOR VEHICLES ENTERING/EXITING THE CP AND TC BREACHES. CHARGES OF GBP182.00 CLAIMED.   VIOLATION DATE: 20/10/2020                   PAYMENT DUE DATE: 18/11/2020                 TIME IN: 16:21 TIME OUT: 16:44               PCN: REF5556128521                           VEHICLE REG MARK: (RETRACTED) CAR PARK:-         LEAGRAVE                                                                                  TOTAL DUE- GBP182.00                         (PAY:WWW.CE-SERVICE.CO.UK OR 01158225020)    THE CLAIMANT CLAIMS THE SUM OF GBP227.32     FOR THE UNPAID PARKING CHARGE INC GBP45.32   INTEREST UNDER S.69 OF THE CCA 1984          RATE: 8.00% PA FROM DUE DATE TO- 30/11/23    SAME RATE TO JUDGMENT OR SOONER PAYMENT      AT DAILY RATE OF- GBP0.04                    TOTAL DEBT AND INTEREST DUE- GBP227.32      

@Coupon-mad thanks for the corrections, will amend! 

Coupon-mad

Ok now get the email sent and make sure you ONLY give them a stated 14 days or set date to respond.

Don't come back telling us they'll do a consent order in exchange for c£95 and that you are thinking about it. No you aren't!

I already explained in my first reply what will be wrong with that.

Basically this email exchange is a bit of an exercise because they won't actually agree to do what you are asking them to do (except maybe in the case of the one you say is paid; they can easily update the court about that one for zero fee).

LDast

Their interest calculations are wrong which is an abuse of process and must also be highlighted.

For the first claim, they are claiming interest for 900 days from 13/06/2021 to 30/11/2023. They are claiming that the amount they are calculating interest on is £182 (with no explanation on how that figure is reached considering the PCN was for £100.

They can only calculate interest at a flat rate (they cannot compound the interest) of 8%. A simple calculation of interest on £182 @ 8%/annum is £14.56/annum. 900 days is 2 years 9 months and 17 days (2.4632 years).  So, the interest accrued on £182 at a flat rate of 8% per year for 2.4632 years is £35.86.

Whilst it may not be a big difference, it must be highlighted that the figure in the PoC is simply not true even though it has been signed with a statement of truth. If that is not an abuse of process, I don't know what is.

Same for the second claim. 3 years and 12 days = 3.0329 years @ 8%/year. So, the interest accrued on £182 at a flat rate of 8% per year for 3.0329 years is £44.22. Again that is at variance with the amount stated on the second claim in the PoC.

In this day and age, it should not be beyond the capabilities of anyone with an ounce of intellectual nourishment to be able to do simple calculations on interest due at a flat rate between specific dates. To abuse the process of the courts and miscalculate the interest claimed, never mind the fact that an additional abuse of process in the failure to explain how they got to £182 in the first place, must be brought to the courts attention.

RedOrchid

Sent to office@ce-service.co.uk & Legal3@ce-service.co.uk. I guess now it's a waiting game for possibly 2 weeks? Anything I could be doing in the meantime? 

And no Coupon-mad, I will not disappoint you, I have been wronged and my name is on the line here so I won't stop until I've beaten this case.  

Coupon-mad

Perfect.

In the meantime, sit back and enjoy the Euros!

  

RedOrchid

LDast said:

Their interest calculations are wrong which is an abuse of process and must also be highlighted.

For the first claim, they are claiming interest for 900 days from 13/06/2021 to 30/11/2023. They are claiming that the amount they are calculating interest on is £182 (with no explanation on how that figure is reached considering the PCN was for £100.

They can only calculate interest at a flat rate (they cannot compound the interest) of 8%. A simple calculation of interest on £182 @ 8%/annum is £14.56/annum. 900 days is 2 years 9 months and 17 days (2.4632 years).  So, the interest accrued on £182 at a flat rate of 8% per year for 2.4632 years is £35.86.

Whilst it may not be a big difference, it must be highlighted that the figure in the PoC is simply not true even though it has been signed with a statement of truth. If that is not an abuse of process, I don't know what is.

Same for the second claim. 3 years and 12 days = 3.0329 years @ 8%/year. So, the interest accrued on £182 at a flat rate of 8% per year for 3.0329 years is £44.22. Again that is at variance with the amount stated on the second claim in the PoC.

In this day and age, it should not be beyond the capabilities of anyone with an ounce of intellectual nourishment to be able to do simple calculations on interest due at a flat rate between specific dates. To abuse the process of the courts and miscalculate the interest claimed, never mind the fact that an additional abuse of process in the failure to explain how they got to £182 in the first place, must be brought to the courts attention.

Is it worth highlighting this in a follow up email thread to CEL? Or should I keep this to myself and if it comes to a hearing, put these facts to the judge? 

And yes, I’ll be sure to enjoy the euros 😎

LDast

RedOrchid said:
Is it worth highlighting this in a follow up email thread to CEL? Or should I keep this to myself and if it comes to a hearing, put these facts to the judge? 

You use this when the time comes if/when they file a claim. You don't play your hand until after CEL file their woefully inadequate claim.

RedOrchid

Quick update, still nothing from CEL in terms of a reply, the email hasn't bounced back so I'm sure it landed in their inboxes, they may be weighing out their options right now. 

The fact that I showed them proof of payment for one of the CCJ's and they failed to communicate that to the court could potentially harm their case against me I'm guessing? I'm hopeful that they will agree to set aside both if they feel that my argument is compelling enough and they know they'll not win. 

On a more positive note, I've drawn France for my work Euro's sweepstake, may come in handy if I get 1st prize