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

Not_A_Hope

As they have not served the claims properly to your current address it should be a mandatory set aside, with or without their consent. What will also harm their underlying claim which you can demonstrate you can defend successfully are their woeful particulars

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

As it does not state what the alleged breach of the T&Cs was you can include the Chan defence in your witness statement to get these claims dismissed

RedOrchid

Hi everyone, I've just received communication from CEL's "legal" team and I have apparently racked up an additional 4 PCN's from 2020. Here's the reply from CEL: 

"Dear Sir/Madam,

Please be advised that you have made payment for PCNs 3455193521 and 1157021521.

However, PCN 8189729521 is outstanding at £326.82

PCN 2962692521 is outstanding at £182

PCN 1360104521 is outstanding at £182

PCN 1308332521 is outstanding at £182

PCN 5556128521 is outstanding at £335.08

PCN 8517020521 is outstanding at £182

Please note that we have sent all correspondence to the address which was provided by the DVLA.

Yours Sincerely, "

I have been able to use the PCN numbers to check the amounts in their website and the 4 PCN's which haven't turned into CCJ's comes to a total of around £700... I also found that one of the PCN's they claim I have made payments for, still has a £66 outstanding charge which I don't understand how that's possible, I have made a single payment to them to clear one CCJ. 

I'm not sure how to proceed from here, I have always used that car park and paid at their pay machine. Why are they bothering me 3 years down the line and why are there PCN's that were allegedly committed before the ones that have turned into CCJs still pending? Wouldn't they have applied to the court to turn the earlier "convictions" into CCJ's before pursuing the latest ones? 

Please help  

RedOrchid

Here's a screenshot of the PCN's:

LDast

How come every PCN ends in "521"?

RedOrchid

Not sure, do you think there’s something fishy there? Would they have proof of this? 

Castle

LDast said:

How come every PCN ends in "521"?

Probably a reference to the same car park.

Coupon-mad

Nothing fishy.

Now tell them they haven't answered properly and must now erase the old address on all PCN files.  They are having a laugh if they think they can add an obviously extortionate £82 per PCN, and they failed to include those PCNs in a single claim so those are unrecoverable & CEL must just cancel them.

Tell them you will be applying to set aside the CCJ(s) and strike out the claim(s) on the basis of poorly pleaded POC. And you will claim all your fees and costs due to unreasonable conduct: the clear breach of the BPA CoP by not bothering to do a 28 pence soft trace and instead, deliberately bunging in claims to an old unreliable DVLA car address.

RedOrchid

Should I give them my new address when I ask them to remove my previous? 

Because they have failed to gather all PCN’s and turn them all into a single CCJ, they must cancel as they are unrecoverable? Did I understand this right, it’d be great to understand the whys here so I can better draft my email. 

Lastly, if I tell them that I will be applying to set aside on the basis of a poorly written PoC’s, can’t they fix up their act and write better PoCs for the PCNs I have which haven’t yet turned into CCJs? 

Coupon-mad

1. Yes of course, unless you want more CCJs going to the old address!

2.  Search the forum for:

Henderson cause of action estoppel

3.  No they can't, because it's too late once 4 months has passed from the claim filing date. Which you will see argued properly in the CCJ thread by @Zbubuman

RedOrchid

Okay, thanks for the heads up Coupon! 

I will start drafting my email later this afternoon and should have something ready for tomorrow, will share as early as possible!