Cel ccj x2, have been set aside. Need help with a defence?

[Gavino]

Hello everyone, this is my first post on this website and i appreciate anyone taking their time to read and respond to my pleas. This is quite overwhelming, its stressing me out as i find it difficult to get my head around all the legal stuff.

The driver parked in a car park, twice, in june or july 2017. Since then the driver had moved home, and sold his van, and i think around a year later (ish) he was just casually browsing his credit score, when he noticed 2 ccjs? he had not receieved any pcns or correspondence with these people and they've taken it all this way, one is for around £350 and the other the same.

So, the driver paid the £255, x2, and took 2 separate days off work to attend court where in the first instance, the judge set it aside in 30 seconds. The second, he was a bit short with the driver, looking down his nose at him and almost telling him off. Still, he remained polite, and the judge softened, and set it aside.

So, now a defence needs to be filed, and Ithe driver has no idea, even after reading and studying many webpages, he just can't get it. The driver is so desperate to get this all over with as its weighing him down something chronic, are any of you guys able to help with this, it would be massively appreciated.

Thank you

g

[ostell]

Try not to identify the driver at the time, use "the driver......" etc.

Well it would help to have a bit more detail, such as location and they allege happened. If you have the Parking Charge Notices it would be a great help.

What is the CEL Particulars of Claim?

Look for defences on here and also on the Fightback forum. Look for CEL defences

[Gavino]

Hello thanks for your reply. Last year a driver parked in a civil enforcement controlled car park, next to a supermarket. If you shop you're allowed to park or something like that. the driver parked twice, bought something, yet forgot to validate the parking.

what complicates it is that the driver part exchanged one of the vans during this month, and also moved address literally 2 days after one of the alleged contravention.

the driver lived at his mums, but there was no correspondance whilst they lived there, and there was none after the driver moved out, she will vouch for that and the driver would pop round there at times to collect any that did come. Nothing from CEL.

Tried ringing them constantly, it's an automated phone line. So Yes, the driver hashad to do a lot of reading, and paid £255 x2 to have them set aside. Which has happened just a few days ago.

One of the judges was quite stern with the driver, which I think was unnecessary. But yes he made the driver a bit worried about the next step. Which is why the driver has asked for help, dont want to put a foot wrong.

so the driver has found an SAR template on the ICO website, and will be posting that tomorrow. (IF that's a good idea)

The driver also come across someones draft defence for exactly the same situation as the driver, (also for cel) which the driver understands can be tweaked to send in. Does that send that in now? Ino idea.

these are the drivers details and intentions, are they on the right track?

[Gavino]

the driver doesnt know what the CEL particulars Are, have had literally no correspondence whatsoever. No pcn, post or on screen. Nothing to the drivers mum's address before or after the driver had moved.

[ostell]

So which part of don't identify the driver did you not understand?

Where the alleged charges before or after you got rid of the vehicle?

If you had no paperwork then that will be your defence in that you did not know about the alleged debt.

Have you tried an email or letter o CEL demanding the details of the alleged breach?

[Amethyst]

Have you obtained copies of the original paperwork on the CCJs from the court ? That would be a good idea and then yes, a SAR to CEL should get the history. Has the court given a date by which you need to file your defence ? Have you had the written order yet ?

[Gavino]

hello, thank you for your replies.

oops - i understand what you meant now by not identifying the driver. sorry. The alleged charges were, im assuming, 1 for 1 vehicle and 1 for the other. Although i have no details. The driver has no paperwork. The driver has not contacted CEL other than initially trying by phone a while back before the driver sent the N244. Pointless.
The driver has found a SAR that could be sent in if you could take a look and say what you think?

So, am i correct in saying that wether or not the alleged offence did take place, the CCJ is incorrect and they have gone about it in an underhanded manner?

The driver has not had the written order yet.

The driver has not been given a date by which to file a defence yet.

The driver has not obtained copies of the original paperwork from the court yet. Can the driver simply write in and ask? The court is 5 mins walk from the drivers house, could the driver walk in and get it?

Thank you for taking your time to reply, i can see you are both very busy, its fully appreciated.

g

[Gavino]

name address date etc

CIVIL ENFORCEMENT LTD

Subject access request

Dear Sir or Madam

Please provide me all the information you have relating to x2 CCJ’s you have penalised me with without my knowledge.

ref: *********, ***********

Please include any photo or video evidence from the ANPR camera situated at the location in question.

If you need any more data from me, please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

If you do not normally deal with these requests, please pass this letter to your DataProtection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

Yours faithfully,

*******

[ostell]

So edit your posts so that the identity of the driver cannot be inferred. Before the edit option disappears

[Gavino]

Thank you ostell. ive done as youve asked.

[ostell]

The driver drove, the keeper is handling the paperwork as it is the keeper on the claim and who received the Notices in the post.

[Gavino]

thanks ostell... umm, is what youve written a defence i can use in court? youll have to excuse me and im sure youve heard it a million times but ive not done this before.

[ostell]

I haven't written a defence!

For the SAR you request all the documents etc that they have in your name. No need to mention the CCJs

[Gavino]

hi.

ive sent CEL a SAR. theyve replied saying their claim was in relation to a parking violation blah blah, numerous letter and pcn reminders were sent,

this isnt the correct response to a SAR is it?

[R0b]

Have they provided the information contained in your SAR letter? If the answer is no, then they haven't complied.