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Already paid a CCJ to CEL- is it too late to get justice?
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blackandwhite125
Posts: 9 Forumite
Unaware of PCN and subsequent CCJ until I checked credit file this month. Frightened me to death, did some Googling and as it was within 28 days, I panic paid it because I was scared of never being able to get credit again. Have since learned that setting aside could have got it wiped too but hey ho.
I have written to CEL to ask for proof I have paid them. I have not stated who was driving.
I have a photo of a sign stating clearly 1 hour free parking and CEL have evidence my car was parked there for a time period totalling LESS than 1 hour (the court told me this when I called them). The sign says you do not have to display a ticket in your windscreen. The machine below the sign says you do have to display a valid ticket in your windscreen.
I failed to keep my address up to date with the DVLA at the time so did not receive any notices or letters about this. The address on the CCJ on my credit file is my previous address.
Can I appeal in retrospect? Is there any (decent) chance of getting back all or some of the £350 odd quid I have paid?
Apologies if this is covered elsewhere, I did search extensively on here and couldn't find the answer. Thanks.
I have written to CEL to ask for proof I have paid them. I have not stated who was driving.
I have a photo of a sign stating clearly 1 hour free parking and CEL have evidence my car was parked there for a time period totalling LESS than 1 hour (the court told me this when I called them). The sign says you do not have to display a ticket in your windscreen. The machine below the sign says you do have to display a valid ticket in your windscreen.
I failed to keep my address up to date with the DVLA at the time so did not receive any notices or letters about this. The address on the CCJ on my credit file is my previous address.
Can I appeal in retrospect? Is there any (decent) chance of getting back all or some of the £350 odd quid I have paid?
Apologies if this is covered elsewhere, I did search extensively on here and couldn't find the answer. Thanks.
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Comments
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That's very sad, you could have got this set aside and reclaimed your £255 fee for the set aside as well. Probably, seeing as CEL never proceed further when people here defend well. this should have cost you nothing at all.
No you can't appeal now, but you could sue CEL. Costs you a £25 court fee and some preparation, and a LBCCC first.
The court had no sight of any evidence at all, so they can't have said that, and the PCN can't have been for non-display of a PDT, because CEL operate using ANPR, which only sees numberplates. Maybe the 'free parking for one hour' was only on offer if a person input their VRN at the machine and got a free ticket...?I have a photo of a sign stating clearly 1 hour free parking and CEL have evidence my car was parked there for a time period totalling LESS than 1 hour (the court told me this when I called them).
I would start with a SAR, for all data held, all letters sent and all photos of your car and case summaries, LBC, court documents and preparation notes about the case, everything. Then you will know what CEL hold on you and could think about whether you have a case to sue them.
Have you updated your V5 address with the DVLA now (not just driving licence)?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 THREAD0 -
Coupon-mad wrote: »That's very sad, you could have got this set aside and reclaimed your £255 fee for the set aside as well. Probably, seeing as CEL never proceed further when people here defend well. this should have cost you nothing at all.
No you can't appeal now, but you could sue CEL. Costs you a £25 court fee and some preparation, and a LBCCC first.
The court had no sight of any evidence at all, so they can't have said that, and the PCN can't have been for non-display of a PDT, because CEL operate using ANPR, which only sees numberplates. Maybe the 'free parking for one hour' was only on offer if a person input their VRN at the machine and got a free ticket...?
I would start with a SAR, for all data held, all letters sent and all photos of your car and case summaries, LBC, court documents and preparation notes about the case, everything. Then you will know what CEL hold on you and could think about whether you have a case to sue them.
Have you updated your V5 address with the DVLA now (not just driving licence)?
I will need to check this as if I'm honest, I'm not sure. Could this be taken into account and go against me?
Yes I am confused as to what the PCN was for. It is not clear even today - I went back there - whether you need to display a ticket for the free hour. The court said something along the lines of "they have you down as staying from this time to this time at this car park on this date" I took that as they have my car entering at x time and leaving at x time on their ANPR cameras. I see your point though that in fact the court haven't seen any evidence.
I am kicking myself for paying it.
Will make a start on what you suggest. Thank you for taking the time to help, I really appreciate it.0 -
If you search the forum for SAR you will find lots of examples of what to say/ask, and you have to prove who you are (a copy of your V5 would be good as it has your old address on!).
You can also tell them in your SAR to note your new address and send everything there.
If you are saying you are 'not sure' if you've changed your V5, you do realise the DVLA can and will give you a hefty real fine for that, so sort it out asap without admitting to the DVLA that you've delayed!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 THREAD0 -
The court can only quote from the Particulars of Claim, as that's all they have seen.
Yes, this would've been an (almost) automatic set aside as the Claimant served at an address from which they had never ever received a response.0 -
Whilst this may be true, if the o/p failed to ensure that their vehicle was correctly registered to a current address (a mandatory requirement) then I would expect a Court to be unsympathetic to proceedings mounted now to try and recover the ticket cost.Yes, this would've been an (almost) automatic set aside as the Claimant served at an address from which they had never ever received a response.
That doesn't necessarily mean that you couldn't get the parking charges that you paid back, but I reckon there would be little chance of recovering any of the Court costs. We are entering the realms of (notoriously unpredictable) judicial discretion0 -
Coupon-mad wrote: »
If you are saying you are 'not sure' if you've changed your V5, you do realise the DVLA can and will give you a hefty real fine for that, so sort it out asap without admitting to the DVLA that you've delayed!
Done!
Thank you Coupon mad.0 -
Whilst this may be true, if the o/p failed to ensure that their vehicle was correctly registered to a current address (a mandatory requirement) then I would expect a Court to be unsympathetic to proceedings mounted now to try and recover the ticket cost.
That doesn't necessarily mean that you couldn't get the parking charges that you paid back, but I reckon there would be little chance of recovering any of the Court costs. We are entering the realms of (notoriously unpredictable) judicial discretion
I reckon CEL are a decent target for a claim purely because of how they mucked it up here:
http://parking-prankster.blogspot.com/2017/05/motorist-awarded-900-for-data.html
That was a DPA breach case but an example of CEL being a decent target, if the OP wants to risk £25 to try, once they have all the SAR information.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 THREAD0 -
....... but have you taken a photocopy of your existing V5C to use for SAR?blackandwhite125 wrote: »Done!
Thank you Coupon mad.0 -
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