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  • FIRST POST
    • hari4789
    • By hari4789 10th Nov 18, 2:09 PM
    • 2Posts
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    hari4789
    CCJ Issued from Civil Enforcement to Old Address
    • #1
    • 10th Nov 18, 2:09 PM
    CCJ Issued from Civil Enforcement to Old Address 10th Nov 18 at 2:09 PM
    Hi,
    I have read through several forums in MSE before making this post as my situation is a bit more unique.

    I apparently parked in a private car park and was issued a parking fine from Civil Enforcement Ltd in March 2018.

    I had however moved home and changed address on DVLA soon after in April.

    I have found that I have been issued a CCJ against me to my old address so I didn't not have time to respond to original claim however, thanks to my landlord I've obtained all letters and still have 20 days left to pay for my claim.

    I can 345 in the next few days and ensure this doesn't go on my record. But, I have completed the application for set aside, draft order witness statement and a cheque for 255 as this company doesn't deserve my money and I want to challenge their claim.

    Is it worthwhile requesting set aside for my claim, going to court and requesting the claimant to pay refund the 255 or pay for 345 to Civil Enforcement Ltd?

    Appreciate your advice!
Page 1
    • Umkomaas
    • By Umkomaas 10th Nov 18, 3:12 PM
    • 20,238 Posts
    • 31,930 Thanks
    Umkomaas
    • #2
    • 10th Nov 18, 3:12 PM
    • #2
    • 10th Nov 18, 3:12 PM
    as my situation is a bit more unique.
    Not unique in any way - just another day in the office for the forum. Seeking a default judgment is a major plank in the CEL business model - why - because they get that hyper-inflated cost figure awarded to them automatically and the trashing of their victim's credit rating brings them quickly 'to heel' and in a complete panic, almost always settling instantly. CEL get around twice what they could reasonably expect if this had gone to court as a defended case - and if that payment was made outside of the 1 month deadline, the affect on the credit rating is marginal and the rating remains trashed for the following 6 years.

    Nasty strategy.

    Here's a thread almost identical to your case which is well on the way to a successful conclusion - do learn from who has gone down the same path as you are setting out on.

    https://forums.moneysavingexpert.com/showthread.php?t=5894828
    Last edited by Umkomaas; 10-11-2018 at 3:15 PM.
    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.
    • Quentin
    • By Quentin 10th Nov 18, 3:14 PM
    • 37,942 Posts
    • 22,055 Thanks
    Quentin
    • #3
    • 10th Nov 18, 3:14 PM
    • #3
    • 10th Nov 18, 3:14 PM
    Is it worthwhile requesting set aside for my claim, going to court and requesting the claimant to pay refund the 255 or pay for 345 to Civil Enforcement Ltd?

    Appreciate your advice!
    Originally posted by hari4789

    Yes of course! Go for the set aside (assuming having a CCJ against you on the register won't have any impact on you in the time it takes to win the set aside which could be some months)
    • The Deep
    • By The Deep 10th Nov 18, 3:32 PM
    • 10,583 Posts
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    The Deep
    • #4
    • 10th Nov 18, 3:32 PM
    • #4
    • 10th Nov 18, 3:32 PM
    It is not unique at all, we sometimes see two or three such cases a day.

    345 is outrageous. In a losing defended case the most a PPC is likely to be awarded is i.r.o. 175 - 200.

    Did a solicitor have a finger in this grubby pie? If so, they may have acted fraudulently. I urge you to ask the regulatory body, the SRA to investigate their actions.

    http://www.sra.org.uk/home/home.page

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers. It has even been suggested that some of these companies have links with organised crime.

    Watch the video of the Second Reading and committee stage in the House of Commons recently. MPs have a very low opinion of this industry.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    https://hansard.parliament.uk/commons/2018-07-19/debates/2b90805c-bff8-4707-8bdc-b0bfae5a7ad5/Parking(CodeOfPractice)Bill(FirstSitting)

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by in the not too distant future..
    Last edited by The Deep; 10-11-2018 at 3:36 PM.
    You never know how far you can go until you go too far.
    • The Slithy Tove
    • By The Slithy Tove 10th Nov 18, 3:41 PM
    • 3,444 Posts
    • 5,050 Thanks
    The Slithy Tove
    • #5
    • 10th Nov 18, 3:41 PM
    • #5
    • 10th Nov 18, 3:41 PM
    345 is outrageous. In a losing defended case the most a PPC is likely to be awarded is i.r.o. 175 - 200.
    Originally posted by The Deep
    As we all know, CEL are notorious for deliberately inflating their claims. They tend to send the alleged debt on multiple rounds of debt collection, adding costs all the time. They also cheat in that they add interest on the whole amount from the day of the parking incident, even though interest on later amounts (e.g. debt collector and legal fees) are only incurred much later. The thing is, those costs are never actually incurred, as the debt collectors get nothing, having failed to get payment.

    So, the claim MUST be challenged. CEL are easily beaten in court. For a start, their notices are never conformant to POFA, so there's no keeper liability, and they don't know who was driving. There will also be many more points of defence.
    • hari4789
    • By hari4789 15th Nov 18, 5:35 PM
    • 2 Posts
    • 0 Thanks
    hari4789
    • #6
    • 15th Nov 18, 5:35 PM
    • #6
    • 15th Nov 18, 5:35 PM
    Hi All,

    Thank you for responding to this. I have submitted a request to set aside my judgment against the claimant(CEL).

    I have received confirmation that my case is being transferred to County Court based in Essex. I highly doubt CEL will turn up, especially as they are based near Liverpool.
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