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  • FIRST POST
    • Wiljuk
    • By Wiljuk 15th May 18, 2:08 PM
    • 57Posts
    • 16Thanks
    Wiljuk
    Forgot to inform dvla
    • #1
    • 15th May 18, 2:08 PM
    Forgot to inform dvla 15th May 18 at 2:08 PM
    CCJ on credit file from a year old parking ticket, didn't receive any letters as sent to old address.
    Did not update details with dvla in time. ANPR used, was over a 3 hour stay by 12 mins. Could this be appealed?
Page 1
    • Coupon-mad
    • By Coupon-mad 15th May 18, 2:40 PM
    • 63,830 Posts
    • 76,487 Thanks
    Coupon-mad
    • #2
    • 15th May 18, 2:40 PM
    • #2
    • 15th May 18, 2:40 PM
    No 'appeal' now but that doesn't mean there are no options.

    Read any 'set aside' thread. Search for CCJ set aside draft order as your keywords.

    And read post #2 of NEWBIES PLEASE READ THESE FAQS FIRST because the section about court claims includes info & links about set aside stage.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Wiljuk
    • By Wiljuk 15th May 18, 6:54 PM
    • 57 Posts
    • 16 Thanks
    Wiljuk
    • #3
    • 15th May 18, 6:54 PM
    • #3
    • 15th May 18, 6:54 PM
    Will it count against me if I received a text from a solicitor firm with my car reg and asking to get in touch. I did eventually ring but they asked for my details and I refused to give it to them as I thought it was a scam and they said they'd remove me from their files. I've read through many of the threads and the Newbie thread but I think I'm resigned to pay the 351 fine and have the CCJ on my record for 6 years.
    • waamo
    • By waamo 15th May 18, 7:08 PM
    • 4,684 Posts
    • 6,072 Thanks
    waamo
    • #4
    • 15th May 18, 7:08 PM
    • #4
    • 15th May 18, 7:08 PM
    A text is not a letter before claim and you are under no obligation to respond.

    As above read the thread that tells Newbies to read it first. It answers all these questions.
    This space for hire.
    • Johnersh
    • By Johnersh 15th May 18, 7:08 PM
    • 1,183 Posts
    • 2,249 Thanks
    Johnersh
    • #5
    • 15th May 18, 7:08 PM
    • #5
    • 15th May 18, 7:08 PM
    Will it count against me if I received a text from a solicitor firm with my car reg and asking to get in touch
    No because you're unlikely to mention it again and that's not a valid method of service/contact
    I think I'm resigned to pay the 351 fine and have the CCJ on my record for 6 years.
    It's your money, but now the CCJ is there, why not refuse to pay 351 and spend 255 trying to have it set aside. No guaranteed wins, but the process really ain't that scary
    "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.
    • Umkomaas
    • By Umkomaas 15th May 18, 8:02 PM
    • 20,225 Posts
    • 31,893 Thanks
    Umkomaas
    • #6
    • 15th May 18, 8:02 PM
    • #6
    • 15th May 18, 8:02 PM
    Which parking company is involved here please?
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • Coupon-mad
    • By Coupon-mad 15th May 18, 8:25 PM
    • 63,830 Posts
    • 76,487 Thanks
    Coupon-mad
    • #7
    • 15th May 18, 8:25 PM
    • #7
    • 15th May 18, 8:25 PM
    I think I'm resigned to pay the 351 fine and have the CCJ on my record for 6 years.
    That would be pretty daft, when a set aside is 255 and wipes it off completely.

    And we walk people through how to achieve that easily, often with no hearing, sometimes with a quick hearing that the PPC doesn't attend.

    And some people then get their 255 refunded as well, by the PPC.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Wiljuk
    • By Wiljuk 16th May 18, 4:05 PM
    • 57 Posts
    • 16 Thanks
    Wiljuk
    • #8
    • 16th May 18, 4:05 PM
    • #8
    • 16th May 18, 4:05 PM
    Ok, so my spiral yesterday has turned to seeking justice.
    I've got the N244 and I've gone through the newbies section. Lots of good advice but it's almost can't see the wood for the trees.
    There are some example templates that are on here with people who have dealt with the CEL but I have no letters to show the evidence that the CEL have i.e. Photos, so not sure whether to mention as others have. Do I ask the CEL to send there evidence to me so I can check? I am going to the leisure centre tomorrow to assess the signage.

    Do I put the letter in the extras bit of the form as I am filling it out on computer or should I attach separately. I assume as I am representing myself I leave the solicitor section blank?

    I have had the CCJ on my account since the 22March 2018 so can it still be set aside.
    I'm know I've read this somewhere. Sorry if this angers all you clever lot. I will still trawl through the newbies section and when I've got some stuff together I shall post.

    The crusade begins!
    Last edited by Wiljuk; 22-05-2018 at 10:38 AM.
    • Coupon-mad
    • By Coupon-mad 17th May 18, 12:47 AM
    • 63,830 Posts
    • 76,487 Thanks
    Coupon-mad
    • #9
    • 17th May 18, 12:47 AM
    • #9
    • 17th May 18, 12:47 AM
    Yes it can still be set aside but act this month so it doesn't knock into June for your actual first filing of the N244, the 'draft order' and your witness statement.

    Pretty sure Iamemanresu has posted before how to fill out the N244 questions.

    Glad to hear you are fighting this now!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Wiljuk
    • By Wiljuk 17th May 18, 3:30 PM
    • 57 Posts
    • 16 Thanks
    Wiljuk
    yes, starting to wrap my head round it.

    read up on Saggis post about her dealing with the CEL. Should take the route of registrered keeper not the driver.I have been to Maidstone leisure today and although there are signs everywhere in carpark the writing is very small and difficult to read.
    I took photos would it be possible to post on here? also going to write to my MP but again not sure which story to tell. I keep thinking its my own damn fault for not updating the dvla in time. this is why Saggis route seems desirable.

    thanks again for time and input.




    thanks again.
    Last edited by Wiljuk; 22-05-2018 at 10:39 AM.
    • Wiljuk
    • By Wiljuk 17th May 18, 4:14 PM
    • 57 Posts
    • 16 Thanks
    Wiljuk
    Do I put as much as this down in box 3 on N244 asking:
    !!!8216;what order are you asking the court to make and why? then put a longer more legal sounding document as my defence in box 10 asking for witness statements and statement of case.
    Two examples im not sure which defence to take:
    a) Im the keeper not the driver and correspondence sent to my old address


    a) I am applying for this judgement to be set aside for the following reasons: -
    1) There is a valid reason for not responding to the original claim - I have never received any correspondence from Civil Enforcement Ltd as they did not serve my current address.
    2) I do not believe Civil Enforcement Ltd has followed due process in making this claim against me and I intend to challenge this in a court hearing.
    3) I do not believe Civil Enforcement Ltd have, or have provided, any evidence to prove who is liable for the contravention they claim has taken place. I am the registered keeper of a vehicle, but Civil Enforcement Ltd have not provided any proof to show who was driving the vehicle I am the registered keeper for, at the time the contravention is alleged to have taken place, and I intend to challenge this in court.
    4) I do not believe adequate signage was in place to notify the customer to the fines imposed if they breach the contract.
    Or do I say
    b) I am applying for this judgement to be set aside for the following reasons: -
    1) There is a valid reason for not responding to the original claim as I have never received any correspondence from Civil Enforcement LTD as they served my old address.
    3) I do not believe the lettering of the signage was big enough for me to fully understand the ramifications of the breach of contract

    also last note shall i start a new thread if im going to start posting my defence?
    Last edited by Wiljuk; 18-05-2018 at 11:27 AM.
    • Quentin
    • By Quentin 17th May 18, 8:48 PM
    • 37,914 Posts
    • 22,018 Thanks
    Quentin
    Throughout here you are advised never to reveal who was driving

    You need to edit your posts to remove details of who was driving

    The ppcs monitor this forum and can use your posts against you
    • KeithP
    • By KeithP 17th May 18, 9:09 PM
    • 10,598 Posts
    • 10,978 Thanks
    KeithP
    Please do not start a new thread.

    Please keep all information about this issue to one thread.
    .
    • Coupon-mad
    • By Coupon-mad 18th May 18, 2:05 AM
    • 63,830 Posts
    • 76,487 Thanks
    Coupon-mad
    Can you break up that wall of text and ask short questions? I lost the will to live reading that post!

    Read more recent set aside threads, saggi's is OLD and has no draft order.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Wiljuk
    • By Wiljuk 18th May 18, 11:20 AM
    • 57 Posts
    • 16 Thanks
    Wiljuk
    So am I right in the main defence with CEL is no keeper liability?
    • Wiljuk
    • By Wiljuk 18th May 18, 11:30 AM
    • 57 Posts
    • 16 Thanks
    Wiljuk
    Is this a suitable initial statement for box 3 on the n244?
    I am applying for this judgement to be set aside for the following reasons: -

    1) There is a valid reason for not responding to the original claim - I have never received any correspondence from Civil Enforcement Ltd as they did not serve my current address.
    2) I do not believe Civil Enforcement Ltd has followed due process in making this claim against me and I intend to challenge this in a court hearing.
    3) I do not believe Civil Enforcement Ltd have provided, any evidence to prove who is liable for the contravention they claim has taken place. I am the registered keeper of a vehicle, but Civil Enforcement Ltd have not provided any proof to show who was driving the vehicle I am the registered keeper for, at the time the contravention is alleged to have taken place, and I intend to challenge this in court.
    4) I do not believe adequate signage was in place to notify the customer to the fines imposed if they breach the contract.
    • Ralph-y
    • By Ralph-y 18th May 18, 12:05 PM
    • 2,861 Posts
    • 3,589 Thanks
    Ralph-y
    wait for further advice ... but yes ...

    this is why you should try and get your MP onside ....

    https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

    ''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

    These are the exact words used, so you should quote them to your MP in a complaint and ask him/her to contact Sir Greg Knight MP if he wants further information about this scam.


    Ralph
    • Wiljuk
    • By Wiljuk 18th May 18, 12:20 PM
    • 57 Posts
    • 16 Thanks
    Wiljuk
    Thank you Ralph,

    Just feel that if I do I admit fault, took photos of the signs which are very small in print.
    • Quentin
    • By Quentin 18th May 18, 12:24 PM
    • 37,914 Posts
    • 22,018 Thanks
    Quentin
    Assuming you haven't revealed to the other side who was driving (you say you want to use no keeper liability) you do need to edit your posts to remove details of the driver/who has the medical condition etc


    (As previously advised in #12!! The ppcs monitor here and can use your posts against you)
    Last edited by Quentin; 18-05-2018 at 12:28 PM.
    • Coupon-mad
    • By Coupon-mad 18th May 18, 1:33 PM
    • 63,830 Posts
    • 76,487 Thanks
    Coupon-mad
    Other set aside threads in the last month or so, show the DRAFT ORDER and Witness Statement to accompany the N244.

    Search the forum for draft order N244 set aside costs reserved because you want your 255 ''protected'' by order of the Judge (not forgotten/ignored) so you can claim it back.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
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