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  • FIRST POST
    • parkingadvice23
    • By parkingadvice23 25th Mar 18, 6:11 PM
    • 35Posts
    • 7Thanks
    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 4
    • The Deep
    • By The Deep 31st Jul 18, 5:53 PM
    • 9,969 Posts
    • 9,764 Thanks
    The Deep
    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.

    I keep asking this but have not had an answer. What happens if you hold you hand up and elect to pay at the lower rate?
    You never know how far you can go until you go too far.
    • IamEmanresu
    • By IamEmanresu 31st Jul 18, 6:03 PM
    • 2,978 Posts
    • 5,013 Thanks
    IamEmanresu
    If I contact CEL for further info about this PCN it will alert them to this case on't it?
    To be fair they are not interested. Unless the judge ordered them to produce the claim form, you need to ask them for a copy of the claim form/particulars so you can defend.

    AFAIR CEL have to pay a hearing fee so you might ask them if they want to drop the case rather than pay the fee (it's only 25 but it eats into their scamming profits.)
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • KeithP
    • By KeithP 31st Jul 18, 6:30 PM
    • 8,637 Posts
    • 8,549 Thanks
    KeithP
    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?
    Originally posted by parkingadvice23
    What did the judge say about costs?

    Re-read post #58.
    .
    • parkingadvice23
    • By parkingadvice23 6th Aug 18, 8:15 PM
    • 35 Posts
    • 7 Thanks
    parkingadvice23
    he said the draft order will be returned and that he would give me the benefit of doubt as CEL had not turned up. I had already stated my request for funds to be reimbursed in my original draft order
    • KeithP
    • By KeithP 6th Aug 18, 8:20 PM
    • 8,637 Posts
    • 8,549 Thanks
    KeithP
    Sorry, I don't understand.

    Did the Judge award your costs, or did he perhaps reserve them?

    I also wonder what "the draft order will be returned" means.
    .
    • parkingadvice23
    • By parkingadvice23 7th Aug 18, 2:06 PM
    • 35 Posts
    • 7 Thanks
    parkingadvice23
    he said I am to return with more information in 2 weeks. So would this be the actual hearing? Is there also a way of me finding more info about the PCN particulars other than contacting CEL? I don't want to alert them anything. I just need to know the time and date of the alleged offence? I now have a copy of the judgment from the court but it doesn't have any particulars of the day in question?
    Last edited by parkingadvice23; 07-08-2018 at 2:08 PM. Reason: more info
    • parkingadvice23
    • By parkingadvice23 13th Aug 18, 2:19 PM
    • 35 Posts
    • 7 Thanks
    parkingadvice23
    I am to prepare further evidence and file a defence with the court and claimant. I am slightly unsure what other evidence I can prepare? Is it likely CEL will turn up now?
    • Coupon-mad
    • By Coupon-mad 14th Aug 18, 2:48 AM
    • 60,064 Posts
    • 73,196 Thanks
    Coupon-mad
    he said I am to return with more information in 2 weeks.
    Do you mean he has stated a date/time for the hearing to reconvene at the court?

    Or that you must file with the court and claimant, a defence?
    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 14th Aug 18, 9:08 AM
    • 35 Posts
    • 7 Thanks
    parkingadvice23
    He said I am to must file with the court and claimant, a defence.
    • Johnersh
    • By Johnersh 14th Aug 18, 9:17 AM
    • 1,152 Posts
    • 2,185 Thanks
    Johnersh
    Sounds like set aside was granted - most likely with costs reserved and defendant directed to lodge a defence so the claim can proceed.

    That will all be clarified once there is a copy of the judgment. In the meantime, the court should be able to supply a copy of the claim form.

    Now that the case will have been transferred to your local county court, the counter staff can assist with that if you ask (and pay for a copy). It's likely quicker than trying to arrange anything to be sent to you.
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • parkingadvice23
    • By parkingadvice23 14th Aug 18, 9:30 AM
    • 35 Posts
    • 7 Thanks
    parkingadvice23
    I have a copy of the judgement. The judge said He would grant set aside as CEL didn't show up. I am to prepare evidence and file a defence to both the court and claimant. What I can't seem to locate are particulars of the alleged contravention. So is there anyone other than CEL who can provide this? I've tried contacting the courts but it's very hard to get through. What other evidence could I use to build my case?
    • Umkomaas
    • By Umkomaas 14th Aug 18, 9:44 AM
    • 18,892 Posts
    • 29,743 Thanks
    Umkomaas
    If you can't find a neat and easy way to find the specifics of your case, do a search on the forum for recent CEL cases and take a flyer on using the PoCs shown in one of those. These are roboclaims and I'd warrant that apart from the venue, dates and amount of charge they will all be more or less identical. They're all pretty unremarkable in terms of great detail.
    Last edited by Umkomaas; 14-08-2018 at 9:47 AM.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • parkingadvice23
    • By parkingadvice23 14th Aug 18, 10:24 AM
    • 35 Posts
    • 7 Thanks
    parkingadvice23
    Ok thanks. I did do this but the judge wanted to know details of who was driving the vehicle. As I don't have dates I can't evidence this. What other grounds are there?
    • Umkomaas
    • By Umkomaas 14th Aug 18, 11:49 AM
    • 18,892 Posts
    • 29,743 Thanks
    Umkomaas
    What other grounds are there?
    Presumably all the other ones contained in a standard 'CEL Defence' (use as keywords in your search) found littered across the forum?

    HOW TO USE THE FORUM SEARCH FUNCTION:

    Use the Forum Jump button (one near the top and one near the bottom of this page) to get back to the forum thread list. Just above the threads, on the right, is a heading along a line, next to forum tools, called 'Search this Forum'. Put your key word(s) in and change the default search from 'Show Threads' to 'Show Posts'.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • nosferatu1001
    • By nosferatu1001 14th Aug 18, 1:21 PM
    • 3,103 Posts
    • 3,800 Thanks
    nosferatu1001
    Have you tried walking into your local court, as Jonnersh said above?

    What EXACTLY did the Judge Order you to do about the drivers? They shoudlnt be requiring you to state who drove the vehicle if you dont even have a date of parking event? Surely you have a copy of their particulars of claim by now?
    • parkingadvice23
    • By parkingadvice23 14th Aug 18, 5:33 PM
    • 35 Posts
    • 7 Thanks
    parkingadvice23
    I explained that I had no correspondence leading up to the CCJ and that I was no longer at that address as I had moved back to my parents to look after him during illness. He said I needed to gather evidence to build a defence. I am keen not to contact CEL for alleged incident details so as not to alert them to this. However I don't know where else I will get this information from? He said if I did not know when or where the incident was, then how did I know I wasn't the driver...
    • Coupon-mad
    • By Coupon-mad 14th Aug 18, 5:41 PM
    • 60,064 Posts
    • 73,196 Thanks
    Coupon-mad
    I have a copy of the judgement.
    That's not what Johnersh said to ask the court for!

    This is so easy, Johnersh said:

    In the meantime, the court should be able to supply a copy of the claim form.

    Now that the case will have been transferred to your local county court, the counter staff can assist with that if you ask (and pay for a copy). It's likely quicker than trying to arrange anything to be sent to you.
    The claim form tells you the dates. Get a copy this week by strolling into the court.
    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 14th Aug 18, 5:54 PM
    • 35 Posts
    • 7 Thanks
    parkingadvice23
    ok thanks. Is that different to the "Judgment for Claimant" form?
    • Coupon-mad
    • By Coupon-mad 14th Aug 18, 6:01 PM
    • 60,064 Posts
    • 73,196 Thanks
    Coupon-mad
    I give up.

    Google 'court claim form', and look at images.
    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 15th Aug 18, 12:16 PM
    • 35 Posts
    • 7 Thanks
    parkingadvice23
    I walked into the court today and asked for a copy of the claim form. I was advised to do everything I've already done, which is to email and request it. I did this several days ago. Still awaiting a response. They also gave the same number I've been calling for days with no answer. I have a copy of the judgement form with the case number, date of the judgement, claimants details. I am still no closer to gaining a date and address of the contravention itself. I really am trying here. I have to file my defence within days and don't know what else to do?
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