CCJ set aside of CEL claim

Coupon-mad

Your skelly is good and you can provide a URL but take printed copies x 2 on the day of your hearing.

A skelly is normal and NOT an amendment at all.  Your covering email must have the Claim no and date/time of hearing in the subject line

It could just say:

Please ensure the Judge for the hearing of my application is also provided with the attached skeleton argument. I believe it will assist the court in reaching a fair and efficient resolution at my hearing.

I will add that I am seeking my attendance and application fee costs in full from the Claimant, due to their unreasonable conduct of breaching the CPRs and BPA Code of Practice (and causing the default CCJ) by failing to perform an address check - costing under a pound/carried out free by their debt collectors - prior to litigation. Costs schedule also attached.

The Claimant's solicitor is copied in.

Sumsum12

Thank you so much for your help and advice, and for taking the time to read and respond to my messages. I truly appreciate it. This was my first time handling something like this, and I was really struggling to figure out how to approach it. I’ll try submitting the skeleton argument to the court and see what happens. I’ve also requested that my set-aside application be dealt with without a hearing.

I’m not sure if this will turn out to be good or bad, but this is what I thought would help speed up the application and stop the enforcement action, so I decided to go ahead with it.

Hopefully, everything will go well, and the court will rule in my favor.

I’ll also provide an update if there’s any progress.

Thanks once again

Coupon-mad

I’ve also requested that my set-aside application be dealt with without a hearing.

No.  Don't do that.

Sumsum12

Hello again, I already submitted this request along with the N244 application on 18/10, so I believe it is too late to alter how they handle the application now.

Sumsum12

The confusion with the set-aside application is my fault. I panicked when DCBL threatened enforcement for a debt I didn’t know about and tried to resolve it quickly to stop them. I followed the court’s advice to contact Citizens Advice, who explained the steps to take. However, after reading threads on this website, I realized my mistake. As DCBL kept demanding payment, I turned to this site for advice, which has been very helpful.

Coupon-mad

Did you pay the lesser court fee of £119 for determination without a hearing?

Sumsum12

Hi, The Citizen's Bureau advised me to complete Form EX160 to apply for help with fees due to my current low income. I submitted it along with Form N244 and am still waiting to hear if both applications have been processed and approved.

Sumsum12

Hello Coupan- Mad,

I received a letter from DCBL today informing me that they have closed the case. I am not sure why they decided to close it now, especially since I previously informed them that the PCN was issued incorrectly. Does this mean my name will be removed from the credit report? I haven’t received any updates from the court regarding the claim—whether it has been processed, approved, or if the judge has set aside the judgment and struck it out without a hearing. I am also unsure if I need to notify the court about DCBL’s decision to close the case, or if they will handle that themselves. I’m so relieved, but part of me wonders if this email might be a scam.

Coupon-mad

Sumsum12 said:

Hello Coupan- Mad, 

I received a letter from DCBL today informing me that they have closed the case. I am not sure why they decided to close it now, especially since I previously informed them that the PCN was issued incorrectly. Does this mean my name will be removed from the credit report? I haven’t received any updates from the court regarding the claim—whether it has been processed, approved, or if the judge has set aside the judgment and struck it out without a hearing. I am also unsure if I need to notify the court about DCBL’s decision to close the case, or if they will handle that themselves. I’m so relieved, but part of me wonders if this email might be a scam.

They - DCB Ltd - are debt collectors only and were never part of the litigation. What they do does not touch the CCJ and doesn't help your credit report. 

The Claim was raised by CEL's litigation team  in-house, without an external solicitor, as you showed us already:

Claimant: CIVIL ENFORCEMENT LIMITED 

Claimant solicitor: CIVIL ENFORCEMENT LIMITED 

Judgment amount: 297.23

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 GBP170.00 CLAIMED. VIOLATION DATE: 04/01/2023 PAYMENT DUE DATE: 02/02/2023 TIME IN: 09:59 TIME OUT: 11:04 PCN: xxxVEHICLE REG MARK: xxxx CAR PARK:- BELLEVUE TOTAL DUE- GBP170.00 (PAY:WWW.CE-SERVICE.CO.UK OR xxx) THE CLAIMANT CLAIMS THE SUM OF GBP188.03 FOR THE UNPAID PARKING CHARGE INC GBP18.03 INTEREST UNDER S.69 OF THE CCA 1984 RATE: 8.00% PA FROM DUE DATE TO- 02/05/24 SAME RATE TO JUDGMENT OR SOONER PAYMENT AT DAILY RATE OF- GBP0.04 TOTAL DEBT AND INTEREST DUE- GBP188.03

Basically, the debt collector no longer being involved once your October N244 application reopened the litigation, is exactly as expected. 

After all, you told them to wind their necks in if you sent this that I advised!  

  

I'd reply (without the word 'Dear':


DCB Ltd,

Wind your necks in. I've filed an application and the claim will be set aside.  The Court will serve a copy of my N244 and witness statement to Civil Enforcement Ltd in the usual way and they'll no doubt be ordered to pay my £303 fee and their claim will be struck out in due course.

Move onto a weaker victim.

yours faithfully

YOU

You will continue to be dealing with CEL direct.  Let us know if CEL send anything.

Do you have a hearing date locally yet?  You could always contact your local court and say you made a mistake ticking a box that the case could be determined 'without a hearing' and you would now request the case is listed for an attended hearing.  As the Defendant qualifies and has applied for Help with Fees, that fund will cover any difference.

State that you need a hearing because you are concerned that the Claimant's (likely generic) submission might mislead the court and might even try the - often seen from parking firm litigants - trick of drafting a consent order with the Defendant's name typed in a way that could be wrongly taken to have been signed/agreed.

For clarity, no consent order has been signed and the Defendant's Draft Order stands as their position. The whole claim should be struck out due to the persuasive authority of HHJ Evans' Appeal judgment in Car Park Management Service LTD v Akande and HHJ Much's Appeal judgment in Civil Enforcement Ltd v Chan.

(if you didn't already attach both transcripts attach them both now).

Copy in CEL by email.  Various emails are on CEL CCJ threads. 'Legal3@' or something!

Sumsum12

Thank you Coupon-mad for taking the time to explain how to handle the upcoming proceedings—It just highlights my lack of knowledge and your expertise in this area. 😞

Unfortunately, my relief was short-lived. I initially believed that by requesting the case to be closed, the court would simultaneously close it and cancel the outstanding debt. For a moment, it felt like a weight had been lifted, but it turns out they only made this claim to avoid further expenses or pursuing a warrant against me.

------
Regarding your  previous message :

"After all, you told them to wind their necks in if you sent this that I advised! " 

At first, I thought you were joking and didn’t take your advice seriously. I felt that responding to their emails would only encourage further harassment and threats. Instead, I decided to follow Grizebeck’s suggestion to ignore them entirely. This approach worked well, as it frustrated them enough to close the case.😜

As of now, I still haven’t received any updates from the court or any information regarding the hearing date.

I’ve attached copies of the relevant judgments—Civil Enforcement Ltd v Chan [2022] and CPMS Ltd v Akande [2022]—along with the skeleton argument in PDF format. However, I wasn’t able to include the document for VCS Ltd v Carr due to its unavailability and file size limitations. I plan to attach these documents to the email I’ll send to the court along with the CEL closure request.

I’ve also sent a letter to CEL requesting confirmation of the closure and that they notify the court. While waiting for their response, I plan to inform the court of the DCBL email and CEL’s decision. Additionally, I’ll contact the court to explore the possibility of modifying how the hearing is handled.