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CCJ set aside help please

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  • CCJ set aside help please

    Hello Folks,

    After some advice please.

    Only discovered last week that I have a CCJ from Northampton County Court from a parking charge from Civil Enforcement Ltd - I phoned Northampton County Court and the date of the parking charge is 25/7/2018.

    I visited a leisure centre one a week for about 6 weeks in 2018 and I had to fill my car reg at the reception. I remember getting a PCN via letter from CEL about parking at the leisure centre so I filled in CEL's appeal with a generic template asking for the charge to be dropped (can't remember where I got it from) and received a letter from CEL that parking charge was dropped.
    Then same thing happened again I got a PCN charge from CEL and did a similar appeal from CEL's appeal page, but this time I kept getting harassing letters from CEL to make payment. Back then I read advice online to just ignore the letters and they will stop sending them. I know now that was my naivety and foolishness, I simply ripped up their letters and maybe in my foolishness I may have ripped up the CCJ letter from Northampton county court!

    The letters from CEL then stopped.

    I read some threads on this great helpful forum and e-mailed and sent in writing a Consent order (template I got from LegalBeagles) request to CEL to set aside, they have not replied in the 7 working days.

    My request is can someone look at my case and advice as I believe every week when I visited the leisure centre I inputted my car reg. I will go to the leisure centre tomorrow and see if they can get records of my car reg parking there.

    Can someone please formulate a draft order and witness statement, I have started it off using this link: https://legalbeagles.info/library/ho...-judgment-ccj/
    but not sure on the exact wordings.

    Many thanks
    Tags: None

  • #2
    ostell

    Comment


    • #3
      Any help on this would be greatly appreciated <3

      I have completed the n244 form using the helpful guides on here. Just need help with draft order and witness statement so I can send this all off.

      I believe I have a possible case in my favour due to CEL not having a phone number to speak to and not replying to individual appeals made in writing from their website, instead sending harassing increase in 'payment due' letters. However this will be obviously in the judge's hand, hope I get a good judge!

      Thanks folks.

      Comment


      • #4
        I can't help with the set aside but I can with the actual PCN. If you still have it post it up

        Comment


        • #5
          I don't have the original PCN I'm sorry. The actual leisure centre is closed due to lockdown so I couldn't check with the reception staff re their parking registration system. The parking notice is shown below, I presume it was the same 2 years ago.

          Shall I complete the set aside documents to my best ability and send off with n244?

          Again thanks!
          Attached Files

          Comment


          • #6
            So SAR to parking company for details.

            Forbidding sign
            The signage in the car park is of a “forbidding” nature. It is limited to cars displaying a valid permit only and therefore the terms cannot apply to cars without a permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.

            Comment


            • #7
              SAR sent a few days ago, let's hope CEL respond in good time. If they delay in responding will that affect my set aside case with court due to delay?

              Comment


              • #8
                Just received a letter from CEL requesting payment of parking charging along with my SAR cheque returned , so they've ignored the SAR totally.
                Can someone advice on next steps? I have the N244 form, draft order, and witness statement partially completed but this is overwhelming so can anybody help me complete these off?

                I wish to post off set aside application ASAP.

                Many thanks

                Comment


                • #9
                  DSAR returned as you do not pay these days, 30 days to respond/ ostell

                  Comment


                  • #10
                    Are you up to the 30 days for them to respond to the SAR?

                    Comment


                    • #11
                      OK I get it, cheque returned as no need to pay for SAR now. 20 days left for SAR response.

                      Thanks

                      Comment


                      • #12
                        I have received the details from CEL re my SAR. Can someone help further now, what do I need to upload here for you helpful peeps to have a read of?

                        Much appreciated
                        Last edited by discerner01; 30th March 2021, 19:52:PM.

                        Comment


                        • #13
                          The original NTK and hopefully images of the signs

                          Comment


                          • #14
                            Copy of pcn/ntk attached - no images of the signs were in the sar pack. Just states 'Authorised vehicles only' as shown in the pcn image.
                            Attached Files

                            Comment


                            • #15
                              And the back of the PCN.

                              Comment

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