Please Help Parking CEL

MFTaylor3 · 7 January 2019 at 11:19AM

Hi
I have recently had a ccj set a side at my local courts. This was for a parking fine that had been sent to a previous address. I have since received a new set of cost for civil enforcement but this is over £300. I dont want to be in a position of another ccj again I have already paid £255 to have this set a side.

I just domnt know where i stand with this now? I have attached the letter on the following link.
https://www.dropbox.com/s/y1xcia9k8jpxwv1/01-01-19%20Parking%20Edited%20.pdf?dl=0

Any help would be much appreciated.

Umkomaas · 7 January 2019 at 1:40PM

This is the original claim, now further served on the order of the court following your set aside. You must defend it fully - you have until 17 January (reading the Judge's order on the set aside judgment) to submit your defence.

The NEWBIES FAQ sticky, post #2 will help you with this. Please note we are not a legal advice forum, but some contributors might be able to help along the way.

MFTaylor3 · 7 January 2019 at 2:21PM

Thank you for the reply. . My issue is now the £300 fine when i have never received any letter previous to finding out about the ccj.

Le_Kirk · 7 January 2019 at 2:26PM

Had you moved and not updated you car registration documents? Your defence will have to be around docs sent to previous address even though you were there to be found - assuming you were! Check out the NEWBIE sticky post # 2 and look for defences posted by Bargepole, there are a few for different scenarios.

nosferatu1001 · 7 January 2019 at 2:30PM

Has the drivers identity been revealed to CEL? Yes or No

Do not elaborate if you answer "no". If you answer "no", edit your post above.

You need to fully defend this, otehrwise there was no point doin gthe £255 set aside. You could have done a £100 by cionsent set aside.

MFTaylor3 · 7 January 2019 at 4:37PM

The drivers details have not been elaborated on because i don't know who the driver was. I wasn't the only person that had use of the vehicle even though I was the registered keeper.

When i went to the set a side hearing I judge said that i am being very optimistic if i am thinking i would get the £255 fee back so it sort of put me off defending.

Thanks again for your help

Coupon-mad · 7 January 2019 at 6:24PM

Don't be put off defending a CEL claim. They cannot get £300 and these are still among the easier ones to defend. Got to be worth it, and the £255 can be refunded in some cases, and certainly the £300 can be avoided if you win, and you can then claim your expenses.

That Judge may not be the hearing Judge anyway so his doom and gloom comment means nothing. You can rid yourself of this meritless claim now by defending it.

You can see example defences all over the forum. Defence is your next step, I assume, or perhaps the court has asked for a WS and evidence from both parties? What did the court order after the set aside say you had to do if the Claimant proceeds?

If you have no details, send CEL a SAR using the contact on their PRIVACY page online.

MFTaylor3 · 8 January 2019 at 8:11AM

Thank for the reply. I have some free time today so going to get everything together to defend.

The court didn't give me any details after the set aside to do if the Claimant proceeds. I will give the forum a good browse today and hopefully get everything together for defence of this.

MFTaylor3 · 8 January 2019 at 11:00AM

https://www.dropbox.com/s/mqss65aq6psfpck/CEL.pdf?dl=0

The above file is the document that i submitted when applying for the set a side. Should i send this in again. Sorry for all the questions Im just a bit lost.

nosferatu1001 · 8 January 2019 at 11:31AM

1) the set aside fee should be somehting you can reclaim, IF you had good reason not to get the forms
2) Once youve obtained the set aside why on earth would you be put off defending?? The fee is already paid, you have it set aside, if you DONT then defend the claim you will just end up with a CCJ again - jus thtis time you can p[ay within 1 month to get it removed from your record, again. If you WERENT going to defend then you hsould have agreed with CEL to an uncontested set aside, as this only costs you £!00

You would be mad not to defend against CEL. Depending on when the NtK was sent they likely dont meet the requirements to hold YOU liable as the vehicles keeper, ONLY the driver, and if even you dont know who that was - but you KNOW it wasnt you - then theyre stuffed.

A set aside resets the court process back to square one
You SHOULD have an ORDER made by the court saying what will happen. It is usually that the claimant will serve particulars of claiming within X days, you then have Y days to file a defence with the court, and then the cliamant says if they will continiue or not

I cant follow drop box links so instead of saying "the document" you could at least tells us the name of the document - help us to help you! - such as defence / witness statement / etc

if you truly dont know what to do then call the court
They will know for sure
For example, the Order may not even have been sent out. But givne youve failed to give us any dates at all, its bloody impossible for us to give you even an idea of the likehood of that

Details IN THIS THREAD, not in links.

MFTaylor3 · 8 January 2019 at 11:52AM

Thanks nosferatu1001 this has explained the process well to me now I understand procedure.

So the document attached is my draft order and witness statement that I put together with help from links on the forum.

The judge sent me out the order we are currently up-to number 4 on the list which is:
- The defendant by 4pm on 17th January 2019 shall send to the court and the claimant his defence to the claim indicating by reference to the particulars of the claim admitted, what is disputed and why.

Please Help Parking CEL

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