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  • FIRST POST
    • parkingadvice23
    • By parkingadvice23 25th Mar 18, 6:11 PM
    • 15Posts
    • 5Thanks
    parkingadvice23
    CIVIL ENFORCEMENT LTD have filed a CCJ
    • #1
    • 25th Mar 18, 6:11 PM
    CIVIL ENFORCEMENT LTD have filed a CCJ 25th Mar 18 at 6:11 PM
    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?
    Last edited by parkingadvice23; 28-03-2018 at 3:00 PM. Reason: wrong
Page 3
    • Coupon-mad
    • By Coupon-mad 4th Apr 18, 7:16 PM
    • 59,486 Posts
    • 72,652 Thanks
    Coupon-mad
    Re the Draft Order, here's one with an added #5 and #6, designed to protect the Defendant's costs position, when the Claimant doesn't bother to continue after the set aside:

    http://forums.moneysavingexpert.com/showthread.php?p=74080395#post74080395
    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.

    • parkingadvice23
    • By parkingadvice23 6th Apr 18, 4:02 PM
    • 15 Posts
    • 5 Thanks
    parkingadvice23
    Ok brilliant thanks so much. Am I safe to post it now?
    • Coupon-mad
    • By Coupon-mad 6th Apr 18, 6:27 PM
    • 59,486 Posts
    • 72,652 Thanks
    Coupon-mad
    I will send three copies of this along with an NS244 form. I also plan to send via email too.
    Yes, post it with the 255 cheque - but no need to email the court as well.

    The WS should be separate from the Draft Order.
    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.

    • Quentin
    • By Quentin 6th Apr 18, 6:32 PM
    • 36,325 Posts
    • 20,573 Thanks
    Quentin
    Have you included the request for a hold on all enforcement of the CCJ pending the outcome of the set aside application?
    • parkingadvice23
    • By parkingadvice23 6th Apr 18, 7:27 PM
    • 15 Posts
    • 5 Thanks
    parkingadvice23
    yes I've added the extra 2 points re enforcement.
    • parkingadvice23
    • By parkingadvice23 10th May 18, 7:57 PM
    • 15 Posts
    • 5 Thanks
    parkingadvice23
    Hello All,

    Firstly thanks again, so so much. I actually feel less frightened about this now. All thanks to you very lovely people. I have a date for my hearing. I think this is progress isn't it? Is there still a chance at this point that the claimant could could not surface? OR is this all definitely going ahead now? Assuming it does, is the following my defence?

    "This is not a penalty charge notice, it's a private one based on contract law and the Claimant needs to:

    A) show evidence that they have complied with the POFA or alternatively, show evidence of the driver's identity, to prove that this is the right defendant
    B) set out the facts on which it is asserted that the claimant has a cause of action against this defendant, and
    C) identify the 'relevant obligation' of the defendant to pay parking charges and the 'relevant land' on which the parking is said to have occurred
    D) state whether the claim is in relation to a 'relevant contract' or in respect of an alleged trespass or other tort (as per the POFA 2012 Schedule 4)
    E) disclose full particulars and a contract, in order to evidence a claim in law
    F) evidence how a parking charge which the BPA Code of Practice sets a ceiling for, of not more than 100, has escalated to a brazen attempt at triple 'recovery' reaching 356.85 despite the POFA also stating that a keeper can only be pursued for the sum on the Notice to Keeper (double recovery not being allowed).

    Absent the above being produced in short order, the Defendant asks the court of its own volition to strike out this claim and to order the Claimant to refund the Defendant's costs for attending (travel, parking, missed wages or loss of leave AND the 255 Court fee in bringing this set aside case, despite not being shown to be liable for any parking charge at all).
    • Quentin
    • By Quentin 10th May 18, 8:25 PM
    • 36,325 Posts
    • 20,573 Thanks
    Quentin
    Haven't you already submitted an outline defence along with the set aside application?


    You won't be elaborating on your defence at the set aside hearing
    • parkingadvice23
    • By parkingadvice23 21st Jun 18, 2:13 PM
    • 15 Posts
    • 5 Thanks
    parkingadvice23
    ok, thanks. So what should I expect to happen now? Is there anything further I should do to prepare? Or is it literally a case of arriving on the day and reiterating what I have already written to them? Sorry to sound so green, this is all so new to me.
    • parkingadvice23
    • By parkingadvice23 21st Jun 18, 2:18 PM
    • 15 Posts
    • 5 Thanks
    parkingadvice23
    Do I take printed versions of everything I already sent in?
    • Coupon-mad
    • By Coupon-mad 22nd Jun 18, 1:56 AM
    • 59,486 Posts
    • 72,652 Thanks
    Coupon-mad
    Yes and yes, in reply to both your questions.
    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 22nd Jun 18, 11:53 AM
    • 8,072 Posts
    • 7,933 Thanks
    KeithP
    Is there anything further I should do to prepare?
    Originally posted by parkingadvice23
    Watching this video might also be good preparation:

    .
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