Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • purplesweetpotato
    • By purplesweetpotato 14th Mar 18, 5:20 PM
    • 10Posts
    • 1Thanks
    purplesweetpotato
    CEL CCJ hearing result
    • #1
    • 14th Mar 18, 5:20 PM
    CEL CCJ hearing result 14th Mar 18 at 5:20 PM
    Hi, hoping for some advice here from you kind beings.

    My judgement result was sent to me today and the judge has awarded these !!!!!!!s part of their claim and court fees.
    After reading the Newbies Thread and other defence threads, I submitted my defence and the judge made the note on my part that I didn't deny parking there and only used generic defence.

    To be clear, I don't remember parking there, if I did I would pay. I live in Brighton where the council makes a killing from parking fines so I don't risk paying x00's just to save 3-5.

    As you can expect, CEL provided no solid evidence of my car actually being there and used their generic template for the Particulars of Claim. Other than saying they used a camera to allegedly catch me and violated the terms and condition, no camera image, witness or accurate information of the exact time of the trespass was given.

    The case did not go to a hearing which I feel isn't right.

    I want to appeal, hoping for some advice from you kind people.
    Has anyone else had similar results?
Page 1
    • Quentin
    • By Quentin 14th Mar 18, 5:23 PM
    • 35,912 Posts
    • 20,184 Thanks
    Quentin
    • #2
    • 14th Mar 18, 5:23 PM
    • #2
    • 14th Mar 18, 5:23 PM
    Did you agree to the case being dealt with on the papers alone (if so, you did agree to no hearing)?
    • Coupon-mad
    • By Coupon-mad 14th Mar 18, 5:36 PM
    • 58,533 Posts
    • 72,030 Thanks
    Coupon-mad
    • #3
    • 14th Mar 18, 5:36 PM
    • #3
    • 14th Mar 18, 5:36 PM
    Why no hearing? Flipping heck I could have gone along and helped you win this one!
    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.

    • purplesweetpotato
    • By purplesweetpotato 14th Mar 18, 5:52 PM
    • 10 Posts
    • 1 Thanks
    purplesweetpotato
    • #4
    • 14th Mar 18, 5:52 PM
    • #4
    • 14th Mar 18, 5:52 PM
    To my memory no, I did tick the box for no mediation before hearing in the survey.

    In the letter I received today on point 3 it reads: And on the court considering it disproportionate and likely to involve the parties in further expense to list this matter for hearing.

    Is this normal procedure? I know the courts are swamped with these cowboy parking claims, so is this their way to handle volume?
    • Coupon-mad
    • By Coupon-mad 14th Mar 18, 5:54 PM
    • 58,533 Posts
    • 72,030 Thanks
    Coupon-mad
    • #5
    • 14th Mar 18, 5:54 PM
    • #5
    • 14th Mar 18, 5:54 PM
    Did a previous letter not warn you about this?
    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.

    • KeithP
    • By KeithP 14th Mar 18, 5:55 PM
    • 7,713 Posts
    • 7,457 Thanks
    KeithP
    • #6
    • 14th Mar 18, 5:55 PM
    • #6
    • 14th Mar 18, 5:55 PM
    So the court made an order for the case to be heard on papers, giving you seven days to object and you didn't do so.

    Is that right?
    .
    • Sholloway123
    • By Sholloway123 14th Mar 18, 5:57 PM
    • 7 Posts
    • 0 Thanks
    Sholloway123
    • #7
    • 14th Mar 18, 5:57 PM
    • #7
    • 14th Mar 18, 5:57 PM
    I have a ccj against my name registered in court in 2015, but with a little digging I!!!8217;ve found out the debt is a credit card from 2006! How can it still be hanging over me. The ccj will not clear until 2021, some 15 years after the original debt!!! Surely this isn!!!8217;t right however I!!!8217;m unsure over the legal side of this. can someone help?
    • Coupon-mad
    • By Coupon-mad 14th Mar 18, 5:57 PM
    • 58,533 Posts
    • 72,030 Thanks
    Coupon-mad
    • #8
    • 14th Mar 18, 5:57 PM
    • #8
    • 14th Mar 18, 5:57 PM
    Please delete, this is not your thread.
    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.

    • KeithP
    • By KeithP 14th Mar 18, 5:59 PM
    • 7,713 Posts
    • 7,457 Thanks
    KeithP
    • #9
    • 14th Mar 18, 5:59 PM
    • #9
    • 14th Mar 18, 5:59 PM
    ...can someone help?
    Originally posted by Sholloway123
    No, not on a parking forum they can't. Sorry.
    .
    • Sholloway123
    • By Sholloway123 14th Mar 18, 6:01 PM
    • 7 Posts
    • 0 Thanks
    Sholloway123
    Sorry, how do I create new thread? Apologies
    • KeithP
    • By KeithP 14th Mar 18, 6:04 PM
    • 7,713 Posts
    • 7,457 Thanks
    KeithP
    Sorry, how do I create new thread? Apologies
    Originally posted by Sholloway123
    Go to the Credit card board and hit the new thread button.

    Be best if you stop using your ipad/iphone too.
    .
    • purplesweetpotato
    • By purplesweetpotato 14th Mar 18, 6:06 PM
    • 10 Posts
    • 1 Thanks
    purplesweetpotato
    So I just reread the letters and yes you're right. I had 7 days to object which I misread at the time

    So to move forward is there any point in appealing this now? I am adamant I have not violated the parking rules. I read online the car park in question and have seen other people saying the same thing that they paid and still got a penalty notice so I'm not alone.

    My partner says just pay up to get rid of the problem but cause I am adamant I haven't done anything wrong.
    • Redx
    • By Redx 14th Mar 18, 6:08 PM
    • 18,363 Posts
    • 23,265 Thanks
    Redx
    was leave to appeal granted by the judge ?

    you do realise it will cost you a lot of money to appeal a judgment ?
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Half_way
    • By Half_way 14th Mar 18, 6:14 PM
    • 4,158 Posts
    • 5,902 Thanks
    Half_way
    Ok, Whos car park was it?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • purplesweetpotato
    • By purplesweetpotato 14th Mar 18, 6:14 PM
    • 10 Posts
    • 1 Thanks
    purplesweetpotato
    It states I can apply "have it set aside, varied or stayed within 7 days" so I presume this is my window to appeal?

    I'm currently unemployed so I should be able to have these cost reduce or waved but I need to research this cause I will be starting work next month.

    I don't see how they have been awarded the sum that they have which is why i wanted to hear if others has had similar outcomes.
    • Redx
    • By Redx 14th Mar 18, 6:17 PM
    • 18,363 Posts
    • 23,265 Thanks
    Redx
    what is the sum awarded ? (approximately)

    a typical loss is between 150 and 200 , usually about 175 , or less

    a set aside is 255

    ps:- they are saying that the vehicle was there and as keeper you are liable

    they have no idea who was driving unless you told them who the driver was

    ie:- they caught the car, not you , this is not about YOU, its about your vehicle
    Last edited by Redx; 14-03-2018 at 6:21 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • purplesweetpotato
    • By purplesweetpotato 14th Mar 18, 6:21 PM
    • 10 Posts
    • 1 Thanks
    purplesweetpotato
    125 total. 25 is the court fee.

    The carpark is Debenhams. From the reviews of what people say, Debenhams doesn't do anything about these fines and tell people to deal with POPLA or CEL.

    So is this normal? To be awarded part of the claim with little to no evidence against me? This is no different than someone saying i owe them money and I can't prove I don't and they don't need to prove I do...
    • purplesweetpotato
    • By purplesweetpotato 14th Mar 18, 6:23 PM
    • 10 Posts
    • 1 Thanks
    purplesweetpotato
    I haven't put myself at the scene in the defence. I sent an email to CEL (cause they don't answer their phones) asking for proof. Again, I didn't put myself at the scene.
    • Redx
    • By Redx 14th Mar 18, 6:24 PM
    • 18,363 Posts
    • 23,265 Thanks
    Redx
    yes its normal

    this isnt about YOU per se, its about the vehicle registered in your name and about POFA2012 holding you as KEEPER to account (if it was followed by the claimant)

    it is only about YOU if YOU admitted being the driver

    it is only about you if the judge felt that the law of probabilities meant you were the driver as well as the keeper, or if you admitted to being the driver

    the sum in the CCJ is a reasonable sum and could have been up to 200

    if POFA2012 was followed (it probably wasnt) then YOU as keeper are liable for the pcn,s incurred by your vehicle, unless you transfer liability over to the driver

    we have not seen your initial appeal or your defence, so difficult to comment
    Last edited by Redx; 14-03-2018 at 6:26 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • KeithP
    • By KeithP 14th Mar 18, 6:27 PM
    • 7,713 Posts
    • 7,457 Thanks
    KeithP
    Well it looks like the issue was decided on the papers.

    That means that the judge read both yours and the claimants submissions and arrived at a conclusion.

    Had you chosen to attend a hearing, by objecting to the court order, then you may well have been able to convince the court to come to a different conclusion.

    What is even more likely than that is... if you had objected to the hearing on papers then CEL would almost certainly thrown in the towel.
    .
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

162Posts Today

1,702Users online

Martin's Twitter