CIVIL ENFORCEMENT LTD have filed a CCJ

Coupon-mad · 27 March 2018 at 6:48PM

Have a look at the current MIL case (username Bambi something, no link) for the draft Order you need. All discussed on that thread in more detail, with WS, draft Order, and potential defence.

Coupon-mad · 27 March 2018 at 7:43PM

It is my forwarding address as I work away much of the year. I have correspondence with this address on. Is that sufficient?

Yes. Tell the Judge the new address is your current address.

This point does not make sense to me, stuff about the NTK does not explain the first line:

1) There is a valid reason for not responding to the original claim. I was the registered keeper of the vehicle, but VCS have not provided any proof to show who was driving the vehicle at the time of the contravention. I therefore wish to challenge this in court. If the Claimant can evidence that the alleged incident relates to a vehicle for which the Defendant is the Registered Keeper, any Notice to Keeper served by the Claimant must comply with Schedule 4 of the Protection of Freedoms Act 2012. Otherwise, the Claimant is required to prove the driver of the vehicle they claim was involved in the alleged incident. The Claimant did not include Protection of Freedoms Act 2012 wording on the Parking Charge Notices at the time of issue and therefore cannot hold the Defendant automatically liable for the alleged incident merely for being the Registered Keeper of a vehicle.

Coupon-mad · 27 March 2018 at 11:14PM

since the original alleged contravention in 2012.

And this makes no sense, your case is NOT a MIL case, no debt has been 'sold' or assigned:

2. It is the Defendants belief that VCS Ltd have sold the Defendants personal data with no prior written permission from the DVLA and is therefore in breach of the KADOE contract clause D5.1.

3. The Claimant has no legal capacity to bring a claim. Further, it is averred that the parking operator whom BW LEGAL claims was the assignor of the debt has never had any legal capacity to offer a contract to the motorist. Even if a debt had ever existed, it would be due to the land-owner, not this third party Claimant who has made no contracts with any drivers.

KeithP · 28 March 2018 at 1:12AM

I would add paras 5. and 6. from Bambi82's draft too:

5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.

6. That all enforcement be put on hold pending the outcome of the application.

(you didn't read far enough down his/her thread.

)

nosferatu1001 · 28 March 2018 at 7:48AM

YOu need to have *detail* about the dates of moving, registration etc. You need to explain you were able to be found at your current address and what evidence you have to support this

And yes of course they can ask you to tell them the driver, theyre not claiming any authority to ask this, just asking it.

nosferatu1001 · 28 March 2018 at 2:14PM

No youre not doomed!

Do you have two CCJ or just one? Otherwise im not sure why you have two issues.

As for BW legal save contact and block them. Or answer and tell tehm to cease and desist, they have no permission to contact you via phone and you require all contact via email / letter. Any further contact via phone will be harassment. Bye.

Can you please puit a single, concise post showing relevant dates? For example
X date car registered at Y address

That way we have some hope of understanding what the issue is. At the moment its spread across a dozen posts.

parkingadvice23 · 28 March 2018 at 2:50PM

Sincere apologies for confusion. should I start a new thread? As BW legal had been calling I thought this was connected. I have now blocked them and will email them your response.

There is 1 CCJ issued by CEL in early 2017 for a PCN issued in early 2016. I was not the driver. This is for a different car registered at that address in 2014. I was not at this address at the time as I was a carer for my father who died recently. I have bank statements and tax returns for the address I was contactable at but unfortunately the vehicle was registered at a different address. My father became ill quite quickly, his cancer treatment began 1 month before the PCN and continued until he died 2 months ago.

nosferatu1001 · 28 March 2018 at 3:49PM

No, a new post relating to the CCJ in play here. If you have another CCJ, start a new thread for THAT CCJ

Bullet point list of dates. Not narrative. Bullet point, in chronological order, of the actual facts.

parkingadvice23 · 28 March 2018 at 4:50PM

ok thank you. so sorry and really appreciate everyone's patience. facts as follows;

CCJ issued by Civil enforcement Ltd in early 2017 for a PCN issued in early 2016 also by civil enforcement ltd.
I was not the driver. This vehicle was registered at that address in 2014.
I was not based at this address during the time of the PCN or CCJ.
I have bank statements and tax returns for the address I was living at during all of the above dates.

parkingadvice23 · 28 March 2018 at 4:54PM

do I have any hope here? Or do I contact civil enforcement Ltd? I'm terrified to be honest. I feel sick with worry about it.

CIVIL ENFORCEMENT LTD have filed a CCJ

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