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  • FIRST POST
    • parkingadvice23
    • By parkingadvice23 25th Mar 18, 6:11 PM
    • 38Posts
    • 9Thanks
    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
    • 61,594 Posts
    • 74,492 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
    • 38 Posts
    • 9 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
    • 61,594 Posts
    • 74,492 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
    • 37,293 Posts
    • 21,450 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
    • 38 Posts
    • 9 Thanks
    parkingadvice23
    yes I've added the extra 2 points re enforcement.
    • parkingadvice23
    • By parkingadvice23 10th May 18, 7:57 PM
    • 38 Posts
    • 9 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
    • 37,293 Posts
    • 21,450 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
    • 38 Posts
    • 9 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
    • 38 Posts
    • 9 Thanks
    parkingadvice23
    Do I take printed versions of everything I already sent in?
    • Coupon-mad
    • By Coupon-mad 22nd Jun 18, 1:56 AM
    • 61,594 Posts
    • 74,492 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
    • 9,257 Posts
    • 9,474 Thanks
    KeithP
    Is there anything further I should do to prepare?
    Originally posted by parkingadvice23
    Watching this video might also be good preparation:

    .
    • parkingadvice23
    • By parkingadvice23 27th Jul 18, 7:30 PM
    • 38 Posts
    • 9 Thanks
    parkingadvice23
    ok great thanks. Will it go against me if I am not the most confident in reading gout my entire case? Will it literally be a case of reading it all out in order?
    • Coupon-mad
    • By Coupon-mad 27th Jul 18, 8:12 PM
    • 61,594 Posts
    • 74,492 Thanks
    Coupon-mad
    Can you take someone with you to help calm you or act as your rep to speak for you?

    If not just tell the Judge you are nervous and feel unconfident about reading out your case, so if he/she can bear with you, the case to get the CCJ set aside and your prospects of successfully defending this charge will be clear, you hope.

    Is this the set aside hearing or the actual hearing after a set aside has been agreed?
    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 27th Jul 18, 8:33 PM
    • 38 Posts
    • 9 Thanks
    parkingadvice23
    it's the first time I'm going to court since applying. I wasn't sure if it was too late for me to take someone now, if I hadn't included details of a legal representation in my initial correspondence to them?
    • parkingadvice23
    • By parkingadvice23 27th Jul 18, 8:35 PM
    • 38 Posts
    • 9 Thanks
    parkingadvice23
    I guess that makes it the seta side hearing?
    • Coupon-mad
    • By Coupon-mad 27th Jul 18, 8:38 PM
    • 61,594 Posts
    • 74,492 Thanks
    Coupon-mad
    It's a set aside hearing if your set aside application hasn't yet been determined.

    It's not a legal rep it's a 'lay rep' and you have the right to use a relative or friend in that way:

    http://www.legislation.gov.uk/uksi/1999/1225/made

    You don't have to ask in advance.

    Print that out and take it with you in case you are told you can't use a lay rep, and make sure the Judge knows the friend is a lay rep, not a McKenzie friend (the latter can't speak for you like a lay rep can).

    However this hearing is just about you showing you didn't get the claim form/or could not respond to it, didn't know about it, and that you acted very quickly as soon as you learnt about the CCJ, and that you have good prospects of defending the case and that CEL always discontinue after this stage so you ask the court to order that the costs be refunded by CEL.

    Or in the alternative, that your costs be stayed pending the Claimant proceeding with the claim after set aside, and if they discontinue, they then have to refund your 255 and your costs for the day at court.
    Last edited by Coupon-mad; 27-07-2018 at 8:42 PM.
    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 27th Jul 18, 8:55 PM
    • 38 Posts
    • 9 Thanks
    parkingadvice23
    ok great, thanks that's really helpful. The trouble is I don't have a friend or relative who would be any use in this situation. I don't really have any friends with legal understanding. I have printed off all my original documents and three pieces of evidence linking me to the address I was at during the date the CCJ was issued. Should I attempt to do this on my own? I am personable and capable of reading it all out, but I will literally just be reading it all out. Or is there anyone else I should consider asking?
    • Coupon-mad
    • By Coupon-mad 27th Jul 18, 9:42 PM
    • 61,594 Posts
    • 74,492 Thanks
    Coupon-mad
    No-one else, you can do this, people do.

    It's not just about showing you didn't get the claim form.

    You must also show that you are not liable for the charge at all and that CEL can't hold you liable as registered keeper, and other points of defence (that do not identify the driver) if the Judge wants a precis of your defence.

    And have your costs schedule with you including the 255, and ask for that order so that CE have to refund it either straight away (if they Judge agrees they had no cause of action against you) or when they discontinue as they always do.

    Don't get so relieved the CCJ is set aside that you leave the room without asking for an order for costs to cover you in the event of the typical CEL discontinuance. You should not be left out of pocket by a chancer who has no intention of turning up.
    Last edited by Coupon-mad; 27-07-2018 at 9:45 PM.
    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 27th Jul 18, 11:10 PM
    • 38 Posts
    • 9 Thanks
    parkingadvice23
    ok, great. Thankyou so much. I shall spend the weekend reading over everything so I am as confident as I can be, and make sure all of my papers are in order. I guess that's all I can do at this point?
    • parkingadvice23
    • By parkingadvice23 31st Jul 18, 5:44 PM
    • 38 Posts
    • 9 Thanks
    parkingadvice23
    ok so I've just got back from the court after the hearing of application. The judge has set the judgment aside. I now need to prepare further evidence. CEL did not show up. What else can I do to bolster my case? If I contact CEL for further info about this PCN it will alert them to this case on't it?
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