CIVIL ENFORCEMENT LTD have filed a CCJ

parkingadvice23 · 25 March 2018 at 6:11PM

1 year ago Civil Enforcement filed a CCJ for an alleged contravention in 2016. I was not the driver. I did not receive papers as the vehicle was not registered at my address at the time. Who do I contact first? Can I apply for a set aside on these grounds?

Redx · 25 March 2018 at 6:17PM

if you have a CCJ against you then you can pay £255 and get it set aside as long as you can convince the judge that you knew nothing about it

then you can fight the charge and try to get your costs back too

if the CCJ is still within one calendar month of the judgment date , if you pay it then it wont affect your credit rating

if the CCJ has been on file for some time then your credit rating is trashed and paying it wont help your credit rating or reset it, it will only be marked as "satisfied" because paying it does not get it "removed"

I doubt that the CAB will be able to help and you will get better advice on here and over on pepipoo forums

you will find information of these matters in the NEWBIES faq sticky thrad, and its been chewed over on here humdreds of times previously as it comes up every week, you are NOT the first by a long chalk

The_Slithy_Tove · 25 March 2018 at 6:23PM

parkingadvice23 wrote: »

I did this and heard nothing for years until a year ago.

What exactly was it that you received a year ago? If it was just debt collector stuff, then ignoring it was the right thing to do. If it was a LBC or court papers, ignoring was exactly the wrong thing to do. Also, in the latter case, you'll need to satisfy the court as to why you ignored it (e.g. you get so much junk from them, you thought this was more).

You have a perfect defence to the case itself, in that you were not the driver, and there was no keeper liability back in 2011.

The_Deep · 25 March 2018 at 6:43PM

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms taken hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.

Quentin · 25 March 2018 at 10:25PM

If you are successful with a set aside then the ccj is removed (expunged!) from your credit record.

It will be as if it never existed

So well worth considering! Though what grounds do you have? (you did know about the claim against you and ignored it!)

Quentin · 25 March 2018 at 10:30PM

parkingadvice23 wrote: »

ok thank you very much, definitely seems like my best option.

When applying for a set aside you need to show why you were wrongly given a ccj.

You ignored the court claim, as a result were given a ccj in default, so what grounds do you think will persuade the court to set it aside??

Quentin · 25 March 2018 at 10:34PM

parkingadvice23 wrote: »

If I am going ahead with a request for it to be set aside, do I just state that I was not the driver at the time? I don't have anything in the way of witness statement, statement of case or anything else I'm likely to need?

You need much more than this!

Read up on set aside online to understand what is involved

1) You need to show why the court was wrong to issue a default ccj (which looks difficult - you were aware of the claim but ignored it)

2) You need to show the set aside judge that you have a defence against the claim which you look to have (they should have been pursuing the driver back in 2011, not the keeper)

Redx · 25 March 2018 at 10:35PM

parkingadvice23 wrote: »

If I am going ahead with a request for it to be set aside, do I just state that I was not the driver at the time? I don't have anything in the way of witness statement, statement of case or anything else I'm likely to need?

no , you are applying for a set aside, after that the case will be heard as if the CCJ never happened

the historic CCJ on file has already trashed your credit rating, for 6 years

not being the driver is certainly one legal argument if the PPC has failed POFA2012

Quentin · 25 March 2018 at 11:04PM

If you were unaware of the claim then you do have grounds for the set aside application

(Your posts do say you "ignored" the claim which you thought was the "right thing to do", and that court threats were "bogus"???)

Redx · 25 March 2018 at 11:32PM

you would not get a court date

you should have received an MCOL from Northampton CCBC

if you did and you ignored it, a default judgment against you would have happened and a month later the CCJ has been filed

there is no trial, only a hearing if it had gone to an actual court, which it hasnt

IGNORING bw legal was ok , but ignoring an MCOL (court papers) is not ok , as you have found out

if you did not receive the MCOL, then you can apply for a set aside, but as already mentioned , you need a good reason to have it set aside , like an out of date address

Quentin · 25 March 2018 at 11:33PM

parkingadvice23 wrote: »

Is it even worth my while requesting for it to be set aside on the grounds that I received no notice for the intended trial?

Well - you didn't respond to the claim, so there was no hearing

(Why do you think the court's correspondence never reached you? Was your car correctly registered with your correct address with the DVLA?)

CIVIL ENFORCEMENT LTD have filed a CCJ

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