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CCJ from Civil Enforcement Limited

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  • Coupon-mad
    Coupon-mad Posts: 131,454 Forumite
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    The landowner who employed CEL might be an easier target because they are liable for the actions of their agent, including any misuse of DPA data, which is what you would be suing over. You can't sue randomly 'to reclaim CCJ money' as such, you;d have to word the claim to be suing for distress caused by the DPA breach of misusing data supplied by the DVLA for one purpose only.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • bowcreek
    bowcreek Posts: 55 Forumite
    Hi Members - I had recently received another CCJ from same company which I again decided to pay and deal with later if possible.


    Long story short, this made me think really hard where could these CCJs be originating from and it was basically a fitness centre I used to go to. How I know is because CEL manages their parking. I spoke to Branch manager and told him the story and distress this has caused and he asked me to send a mail with details so that he can try to deal with it because I'm concerned there could well be more on the way for me because I visited that place fairly regularly obviously.


    Their sign board in parking says "All visitors must register for a permit at reception" which I read as something you do once being a member of the club but on the contrary when I spoke to the manager he said you are supposed to be doing it every time you visit which is weird as their sign doesn't clarify that and for this reason I only did it once when I was member and kept parking on basis of that going forward !


    Should I write to the manager or to top officials if I can find details and copy him in? I'd like to bring this to their notice and top priority would be to stop anymore CCJs from coming in.


    Please can you suggest?
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    bowcreek wrote: »
    Hi Members - I had recently received another CCJ from same company which I again decided to pay and deal with later if possible.


    Long story short, this made me think really hard where could these CCJs be originating from and it was basically a fitness centre I used to go to. How I know is because CEL manages their parking. I spoke to Branch manager and told him the story and distress this has caused and he asked me to send a mail with details so that he can try to deal with it because I'm concerned there could well be more on the way for me because I visited that place fairly regularly obviously.


    Their sign board in parking says "All visitors must register for a permit at reception" which I read as something you do once being a member of the club but on the contrary when I spoke to the manager he said you are supposed to be doing it every time you visit which is weird as their sign doesn't clarify that and for this reason I only did it once when I was member and kept parking on basis of that going forward !


    Should I write to the manager or to top officials if I can find details and copy him in? I'd like to bring this to their notice and top priority would be to stop anymore CCJs from coming in.


    Please can you suggest?

    Understanding how you get a CCJ is the key to your question.

    If you fail to go to court regarding a claim, the PPC will get a default judgement against you
    You get 28 days to pay and if you fail .... you get a CCJ.

    This can only result from a court, companies cannot issue CCJ's
  • bowcreek
    bowcreek Posts: 55 Forumite
    beamerguy wrote: »
    Understanding how you get a CCJ is the key to your question.

    If you fail to go to court regarding a claim, the PPC will get a default judgement against you
    You get 28 days to pay and if you fail .... you get a CCJ.

    This can only result from a court, companies cannot issue CCJ's


    Thanks. Yes I do understand how I got CCJ. I'm trying to find from members who were posting earlier on this thread if the firm who appoints PPC to manage can / should intervene and help?
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    First Anniversary Photogenic Name Dropper First Post
    bowcreek wrote: »
    Thanks. Yes I do understand how I got CCJ. I'm trying to find from members who were posting earlier on this thread if the firm who appoints PPC to manage can / should intervene and help?

    The companies who employ the PPC can be approached and maybe get it cancelled before it goes to court but .....

    They cannot help with a CCJ and all you can do is appeal the CCJ to the court which currently will cost you £255
    You will be required to provide good reasons why ??
  • bowcreek
    bowcreek Posts: 55 Forumite
    Yes - but can they ask them not to pursue any more cases against me given the signage wasn't clear and I reached out to let them know about the potential confusion?
  • bowcreek
    bowcreek Posts: 55 Forumite
    I checked their signage in car park which says "We may contact the DVLA to request the Registered Keeper's details in order to send Parking Charge Notices".


    I don't know how their notices look like as I never received one. Is there an evidence that they don't use the working you described?


    I've now noticed a 3rd CCJ from them on credit file
  • bowcreek
    bowcreek Posts: 55 Forumite
    edited 23 May 2017 at 3:49PM
    As a background, please see post below.


    I've received 2 x CCJs from CEL for last 5 months, one after another. Both were judgements by default, because they kept sending letters and notices to my old address. They then took this to court and since the address on the claim was same old address, court sent the letter to same address as provided by the claimant. As a result of no response, Northampton county court issued CCJ on both occasions.

    I came to know about both of these CCJs whilst checking my Credit file which was luckily only few days after the date of judgement. I contacted court on priority and because there were no details of place, reason etc. in the claim form copy I requested from the court, I decided to make payment in full for both CCJs within 1 month of their respective date of judgements for sake of having clean records.

    Having received 2 claims from same company I decided to investigate and recently found out that this parking firm managed the car park of the establishment I was member of and hence visited regularly. The signage said "All Visitors must register for a permit at reception". Which I took as being a member to be done once and hence didn't do it every time which is what they seem to be expecting (speaking to the manager of the centre), which potentially would have been the reason they sent notices in first place. I’ve now brought these to attention of the Branch manager of establishment asking to intervene with the parking firm and make sure if there is any more such parking fines (it’s a free car park) they’ve issued for me to be made void on basis of above explanation. I’m awaiting response on this regard from them, but I did notice that after my conversation about this, the establishment has put clear signs near reception to make "every time" clause to their members/customers clearer, which I never noticed before when CEL started managing the car park to start with.

    So as you know, I (I curse myself for this everyday now) didn't update address on V5C for a few months after moving from that address but the reason was when I was about to do so, couple months after moving, I found that the agent via whom we were renting the new place was fraudulent due to which our tenancy there became uncertain. Though eventually we reported the fraud to police and sorted a new agreement direct with landlord. But since the new contract was signed on a rolling basis for every 3 months, I didn't change the address in case we were to move out soon again. In brief, the address on V5C wasn't changed for nearly a year. Its been up to date as we moved to our new permanent address since November 2016.

    I've now noticed a 3rd one on credit file and it has left me so worried and wondering if my future is all going to be full of these judgement because of this company! I've never had to deal with such things ever before.

    I have a few questions please, before I decide to take a way forward, but it would have to be fairly quickly as its been around a week since last CCJ was issued:

    1. Does the establishment whose car park they manage, being the landowner have to help me cancel any more of these which might be on way, on ground of my confusion over unclear sign? Or am I being total stupid to misinterpret the signs?
    2. Before progressing I'd like to check some facts regarding court process. If I apply for set aside,

    a] and court doesn't accept set-aside request- which means I'd have to pay. Would it be shown as "Satisfied" if I pay after, because it would be out of one month period and original date of judgement will remain in place?
    b] and CCJ gets set-aside for further hearing - and I lose in subsequent hearing - Would it be shown as "Satisfied" if I pay after, because it would be out of one month period and original date of judgement will remain in place?
    c] failing the challenge in court - would it mean I can't even get CEL to send the notices to my new address, so that I can defend them via POPLA etc. before they become judgements?

    3. Does failure to change V5 supersede any subsequent chance of winning this although the whole confusion would have been because of unclear signs, as I understood them to start with?
    4. In any case, because I know there could be more of these fines resulting to default judgements in coming months, I'd at least like to find the best way to legally notify CEL that any subsequent notice they MUST send to my new address, so that I can avoid more of these becoming judgements !!
  • Coupon-mad
    Coupon-mad Posts: 131,454 Forumite
    Name Dropper First Post Photogenic First Anniversary
    1. Does the establishment whose car park they manage, being the landowner have to help me cancel any more of these which might be on way, on ground of my confusion over unclear sign?

    No they don't have to help you. You can complain, but they might not help and can't do anything about a CCJ in default; only you can.
    Or am I being total stupid to misinterpret the signs?

    No, this happens all the time and this is why parking firms make their signs like they do! Think about it...they don't WANT people to see the terms and it's in their interests if people don't.

    2. Before progressing I'd like to check some facts regarding court process. If I apply for set aside,
    a] and court doesn't accept set-aside request- which means I'd have to pay. Would it be shown as "Satisfied" if I pay after, because it would be out of one month period and original date of judgement will remain in place?

    I've never seen a CEL one not set aside and would be surprised if it was refused - but really, you MUST learn not to talk about the signs and who was driving, it's not about that!

    You need to read saggi's thread for how to do this well.

    b] and CCJ gets set-aside for further hearing - and I lose in subsequent hearing - Would it be shown as "Satisfied" if I pay after, because it would be out of one month period and original date of judgement will remain in place?

    Not as far as I know, if you apply well within the month. LoadsofChildren123 will know.

    c] failing the challenge in court - would it mean I can't even get CEL to send the notices to my new address, so that I can defend them via POPLA etc. before they become judgements?

    If you get the recent CCJ set aside, you could then defend the claim (not at POPLA, but at a hearing) and there would be no CCJ even if you lost the case, then paid the smaller amount due = this would be less than the judgment sum.
    3. Does failure to change V5 supersede any subsequent chance of winning this although the whole confusion would have been because of unclear signs, as I understood them to start with?

    No. Your delay in changing the V5 is understandable, you explained it to us and it's not unreasonable. This is NOT about how you understood the signs. It's not about admitting you were driving!

    4. In any case, because I know there could be more of these fines resulting to default judgements in coming months, I'd at least like to find the best way to legally notify CEL that any subsequent notice they MUST send to my new address, so that I can avoid more of these becoming judgements !!

    Email them right now and tell them your new address and forbid them to write to the old address. NOTHING about not seeing the signs or who was driving NOTHING about that. Keep proof of sending the email (a copy in a file).

    You might also like to pay £10 for a SAR which will help you defend the case:

    https://bmpa.zendesk.com/hc/en-us/articles/206890469-6-Subject-Access-Requests-Easy-

    That means they have to show you ALL the data they hold about you/the car, with dates and details & photos, etc.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • bowcreek
    bowcreek Posts: 55 Forumite
    Coupon-mad wrote: »
    Email them right now and tell them your new address and forbid them to write to the old address. NOTHING about not seeing the signs or who was driving NOTHING about that. Keep proof of sending the email (a copy in a file).

    You might also like to pay £10 for a SAR which will help you defend the case:

    https://bmpa.zendesk.com/hc/en-us/articles/206890469-6-Subject-Access-Requests-Easy-

    That means they have to show you ALL the data they hold about you/the car, with dates and details & photos, etc.

    1. Thanks. I've picked up the template and drafted a quick SAR. Since I want to get info specially about my current and previous address, where do I include them in the SAR for them? Does below look OK?

    (a) All information you hold under my name and/or current and past addresses as below and/or any other personal data and/or parameters;


    2. I can't find their e-mail address so would be posting these. Best to post SAR and address update letter separate?
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