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Civil Enforcement Limited - Multiple CCJs by default

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  • Civil Enforcement Limited - Multiple CCJs by default

    Dear members, I'm new to the forum and posting first time.

    I've received 2 x CCJs from CEL for last 5 months, one after another. Both were for alleged unpaid Parking Charges and were judgements by default, because they kept sending letters and notices to my old address. They then took this to court and since the address on the claim was same old address, court sent the letter to same address as provided by the claimant. As a result of no response, Northampton county court issued CCJ on both occasions.

    I came to know about both of these CCJs whilst checking my Credit file which was luckily only few days after the date of judgement. I contacted court on priority and because there were no details of place, reason etc. in the claim form copy I requested from the court, I decided to make payment in full for both CCJs within 1 month of their respective date of judgements for sake of having clean records.

    Having received 2 claims from same company I decided to investigate and recently found out that this parking firm managed the car park of the establishment I was member of and hence visited regularly. The signage said "All Visitors must register for a permit at reception". Which I took as being a member to be done once and hence didn't do it every time which is what they seem to be expecting (speaking to the manager of the centre), which potentially would have been the reason they sent notices in first place. I’ve now brought these to attention of the Branch manager of establishment asking to intervene with the parking firm and make sure if there is any more such parking fines (it’s a free car park) they’ve issued for me to be made void on basis of above explanation. I’m awaiting response on this regard from them, but I did notice that after my conversation about this, the establishment has put clear signs near reception to make "every time" clause to their members/customers clearer, which I never noticed before when CEL started managing the car park to start with.

    So as you know, I (I curse myself for this everyday now) didn't update address on V5C for a few months after moving from that address but the reason was when I was about to do so, couple months after moving, I found that the agent via whom we were renting the new place was fraudulent due to which our tenancy there became uncertain. Though eventually we reported the fraud to police and sorted a new agreement direct with landlord. But since the new contract was signed on a rolling basis for every 3 months, I didn't change the address in case we were to move out soon again. In brief, the address on V5C wasn't changed for nearly a year. Its been upto date as we moved to our new permanent address since November 2016.

    I've now noticed a 3rd one on credit file and it has left me so worried and wondering if my future is all going to be full of these judgement because of this company! I've never had to deal with such things ever before.

    I have a few questions please, before I decide to take a way forward, but it would have to be fairly quickly as its been around a week since last CCJ was issued:

    1. Does the establishment whose car park they manage, being the landowner have to help me cancel any more of these which might be on way, on ground of my confusion over unclear sign? Or am I being total stupid to misinterpret the signs?

    2. Before progressing I'd like to check some facts regarding court process. If I apply for set aside,

    a] and court doesn't accept set-aside request- which means I'd have to pay. Would it be shown as "Satisfied" if I pay after, because it would be out of one month period and original date of judgement will remain in place?
    b] and CCJ gets set-aside for further hearing - and I lose in subsequent hearing - Would it be shown as "Satisfied" if I pay after, because it would be out of one month period and original date of judgement will remain in place?
    c] failing the challenge in court - would it mean I can't even get CEL to send the notices to my new address, so that I can defend them via POPLA etc. before they become judgements?

    3. Does failure to change V5 supersede any subsequent chance of winning this although the whole confusion would have been because of unclear signs, as I understood them to start with?

    4. In any case, because I know there could be more of these fines resulting to default judgements in coming months, I'd at least like to find the best way to legally notify CEL that any subsequent notice they MUST send to my new address, so that I can avoid more of these becoming judgements !!

    Where do I stand? Please can I seek help?
    Tags: None

  • #2
    Re: Civil Enforcement Limited - Multiple CCJs by default

    If it were me, regarding the unpaid CCJ I would write to the parking co (if that is who the default CCJ was awarded to) to ask for consent to set-aside the judgment as it was sent to an old address.
    http://legalbeagles.info/forums/show...lication-notes
    In the letter/email I would also put them on notice of the new (current) address for any future service of documentation.
    & obviously, update the DVLA. (Which I think you have now done?).
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Civil Enforcement Limited - Multiple CCJs by default

      Originally posted by charitynjw View Post
      If it were me, regarding the unpaid CCJ I would write to the parking co (if that is who the default CCJ was awarded to) to ask for consent to set-aside the judgment as it was sent to an old address.
      http://legalbeagles.info/forums/show...lication-notes
      In the letter/email I would also put them on notice of the new (current) address for any future service of documentation.
      & obviously, update the DVLA. (Which I think you have now done?).
      Thanks. Is there a format I can use? Would that notice serve as "formal" notice for any future correspondence for any more such fines they have on my vehicle to be sent to my current address (I believe they might have more to come - which is what I want to avoid go into court).

      Also how long should I wait after sending the letter by signed for delivery before assuming they don't seem interested.

      In any case, my top priority is to stop any more becoming CCJs and if possible - defend this latest one if I stand chance to defend / set-aside. Cost wise it won't have much difference (CCJ for 350) and I'm still within 1 month period.
      Last edited by Law Matters; 17th May 2017, 14:49:PM.

      Comment


      • #4
        Re: Civil Enforcement Limited - Multiple CCJs by default

        Originally posted by Law Matters View Post
        Thanks. Is there a format I can use? Would that notice serve as "formal" notice for any future correspondence for any more such fines they have on my vehicle to be sent to my current address (I believe they might have more to come - which is what I want to avoid go into court).
        Just in writing should be ok. (Always keep copies & get proof of posting).
        It would be good evidence to prove their lack of due dil in cases of potential future claims.

        Also how long should I wait after sending the letter by signed for delivery before assuming they don't seem interested.
        Give them 7 days to reply. Include that in the letter/email.

        In any case, my top priority is to stop any more becoming CCJs and if possible - defend this latest one if I stand chance to defend / set-aside. Cost wise it won't have much difference and I'm still within 1 month period.
        For a set-aside, you will need to show a reasonable prospect of defending the claim, as well as a good reason for non-delivery.
        The link provided (above) gives more detail.
        Obviously, if you think that your reasons (defence) are iffy, it may well be better for you to pay up (Avoids the stress, & court is always a bit of a lottery).
        But first things first......ask for consent.
        Consent does not mean that you will actually follow through. But if you do get it, the reduced application fee might sway your decision. (Some folks challenge these claims out of principle).
        CAVEAT LECTOR

        This is only my opinion - "
        Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb

        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.

        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: Civil Enforcement Limited - Multiple CCJs by default

          Originally posted by charitynjw View Post
          But first things first......ask for consent.
          Consent does not mean that you will actually follow through. But if you do get it, the reduced application fee might sway your decision. (Some folks challenge these claims out of principle).
          The Cost of Debt and damage (free car park if you register details in their system at reception) they are claiming is circa 350. I don't have the break up yet but on last occasions its been around 250 for debt and damages + some extra costs for court etc.

          I'll write up something and present for review before sending. Please would you be able to answer 1 and 2 in my original post for me?

          Comment


          • #6
            Re: Civil Enforcement Limited - Multiple CCJs by default

            A set-aside would bring the court proceedings back to a pre-judgment position.
            It will then be the subsequent decision which will apply.

            It is the parking management company (aka 'landholder') who is the Claimant.
            The landowner may be able to intervene, but they sometimes do/sometimes don't.
            But the pcm are only legally entitled to enforce the 'contract' with (ultimately) the landowner's authorisation.
            (There is a legal distiction between making a contract, & having the ability to perform it.)
            CAVEAT LECTOR

            This is only my opinion - "
            Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb

            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.

            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #7
              Re: Civil Enforcement Limited - Multiple CCJs by default

              Originally posted by charitynjw View Post
              A set-aside would bring the court proceedings back to a pre-judgment position.
              It will then be the subsequent decision which will apply.
              And what if application for set-aside is rejected? Original judgement date applies and if its past 30 days, can only be satisfied?

              Comment


              • #8
                Re: Civil Enforcement Limited - Multiple CCJs by default

                Until the CCJ is set aside, afaIk it remains as handed down from the date it is handed down.

                Another alternative to a live court claim/possible CCJ is to reach an agreement with the Claimant to pay X amount, provided that they consent to dropping the claim.
                Probably best done as a 'Without Prejudice' offer, & they might bite to avoid further costs & the bother of litigation.
                CAVEAT LECTOR

                This is only my opinion - "
                Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb

                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.

                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment

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