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  • FIRST POST
    • Myshkin3
    • By Myshkin3 9th Jan 18, 9:39 PM
    • 11Posts
    • 1Thanks
    Myshkin3
    Cel - ccj
    • #1
    • 9th Jan 18, 9:39 PM
    Cel - ccj 9th Jan 18 at 9:39 PM
    Hi

    I logged into my credit report today to see a CCJ has been made against me on 22nd November 2017. It's registered against an address I haven't lived at since May 2014.

    I found out from County Court Business Centre that it's relating to a Civil Enforcement Ltd penalty notice issued on 6th May 2015. I have no knowledge of this notice, nor have I received any information regarding it.

    I sold the car in question in June 2016 and the DVLA have confirmed they have the address I moved to in May '14 on record. I never received any correspondence to that address.

    I'm reading all about the set aside requests and have created a defendants statement but am wondering should I follow the standard template that's on these forums? I've tried to contact CEL but get put through to an answer machine - I have written a letter to send to them tomorrow asking for original copies of all correspondence that was sent, including evidence of the parking infringement.

    Would it be best to wait and keep trying CEL to see if I get any type of response before issuing my N244 form? There are so many conflicting views on whether not being present at an address is evidence enough.

    Any help would be greatly appreciated as I was reviewing my record to start to plan for a mortgage!

    Thanks
Page 2
    • Myshkin3
    • By Myshkin3 10th Jan 18, 12:58 PM
    • 11 Posts
    • 1 Thanks
    Myshkin3
    Hi - they are corresponding on email interestingly enough. I'll see if they release information without a signed letter and let you know
    • Coupon-mad
    • By Coupon-mad 10th Jan 18, 12:59 PM
    • 58,533 Posts
    • 72,030 Thanks
    Coupon-mad
    Do you mean that they haven't followed good service by trying to locate an up to date address?
    Originally posted by Myshkin3
    Yes, I believe there is case law that confirms the argument, where no real attempt has been made to trace a Defendant who has not been replying.

    Try searching the forum for 'set aside not good service' and look for posts by Johnersh.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Myshkin3
    • By Myshkin3 10th Jan 18, 1:05 PM
    • 11 Posts
    • 1 Thanks
    Myshkin3
    Hi

    So someone from CEL phoned me back and have provided an email address to use to ask for any data they have regarding this claim? I was planning on sending the below - is this OK to do?

    I've read that it may look better on the N244 form if I've tried to obtain information regarding the claim


    Dear Sirs,
    I am writing to you regarding the above case number and in regards to vehicle registration XXXX.
    On 9th January 2018, I logged into my credit record on Experian to see that a CCJ was registered against my name on 22nd November 2017.
    The CCJ is registered against the below address:
    XXXXXX
    I have not lived at this address since 8th May 2014.
    On seeing the CCJ, I phoned the Northampton County Court who have advised me that the CCJ has been made by Civil Enforcement Ltd for a penalty notice on 6th May 2015. I have never received any correspondence regarding this penalty notice.
    Please supply me with copies of all original documents issued, as well as evidence of the parking infringement and proof that I, as the registered keeper, was driving the car at this time.
    Please send all documents and any other correspondence to my email address, XXX or to my current address;

    XX

    Please respond to this request within 5 working days and by 17th January 2018.
    • nosferatu1001
    • By nosferatu1001 10th Jan 18, 1:06 PM
    • 2,765 Posts
    • 3,438 Thanks
    nosferatu1001
    Thanks for your comment.

    Do you mean that they haven't followed good service by trying to locate an up to date address?
    Originally posted by Myshkin3
    No, that woudl be a lack of reasonable diligence

    lack of Good service measn teh claim form was never *served* on you. Meaning the claim was invalid and the set aside should be AUTOMATIC - have a read up on this
    • pappa golf
    • By pappa golf 10th Jan 18, 1:07 PM
    • 8,706 Posts
    • 9,307 Thanks
    pappa golf
    await help , but you also require a copy of the dvla request
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