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HI this is my first post and have spent many hours/days already reading up on LegalBeagles and monseysavingexpert but I just would really appreciate some specific clarification on my case if possible.
This is regarding a PCN issued by CEL back in 2017 and then a CCJ they issued in 2018. I had no idea about it until a couple of weeks ago as am trying to get a mortgage and noticed it was on my full credit report on Experian as it has ruined my rating and my chances of a mortgage. It's for overstaying in a supermarket's free car park by 15 mins!
Anyway the reason I haven't responded is all the documentation over the period was sent to my old address, I assume as I hadn't at that time updated my V5C although I have made a SAR request for that information to confirm.
What I do have is proof my address was changed on my driving licence (email from the DVLA), on the electoral register (proof is from the credit report but also again I am waiting on confirmation on the SAR) and with the local council (council tax bills paid over the period) and also I have a signed tenancy agreement. So with this evidence I'm lead to believe I have grounds for a set aside? My understanding is that CEL have made no attempt to find my current address which should have been easily obtainable before they issued the CCJ.
I contacted CEL requesting a set aside last week and received a quick response as follows:
12/02/2021
Vehicle Registration xxxxxxx
PCN Reference xxxxxxxx
Date of Incident 17/03/2017
Site Details xxxxxxxx
We refer to your recent correspondence. Please provide your up to date address for service of future
correspondence.
The terms and conditions for parking are clearly stated on the signage erected throughout the car park in
question. It is the responsibility of the driver to ensure they adhere to the parking terms.
This ticket was issued for exceeding the free stay allowance in the above car park.
As clearly stated on our signs, your details were obtained from the Driver & Vehicle Licensing Agency
(DVLA). Regulation 27 of the Road Vehicles Regulations & Licensing Regulations 2002 requires the
DVLA to release information from its register to companies that demonstrate a reasonable cause to have
the information made available to them. We note that you state you moved address and refer you to the
information provided on the gov.uk website (https://www.gov.uk/dvla-change-address) which stresses
that drivers MUST inform the DVLA of any change in address.
Numerous letters including, but not limited to, the PCN, PCN Reminder and letter before action were
sent to you, however, as the debt remained outstanding, we were left with no alternative but to
commence legal proceedings. As you are aware, a County Court Judgment was obtained in the sum of
£352.63.
As you were not at the address at the time of the violation, and were therefore unaware of the claim
made against you, we are willing to accept £197 in full and final settlement of the judgment debt.
Payment of the full amount outstanding can be made by calling 0115 822 5020, or via our website,
www.ce-service.co.uk. In order to make payment you will be required to provide the PCN number
(quoted above) and vehicle registration.
The CCJ will be marked as satisfied once payment is received in full, however it will not be removed
xxxxxxxxx
unless an application to have the Judgment set aside is successfully made with the Court.
There are particular circumstances in which the Court may set aside judgement – the main reason is
where it appears to the Court that there is a good reason for setting aside Judgment. An example of a
good reason is that you did not receive the claim form and were therefore unaware of the claim. The fact
that you have subsequently settled the Judgment debt is not ordinarily a good enough reason to allow the
Court to set aside Judgment.
Once payment of the full amount has been received, we will provide you with a draft Consent order
which you can file with the County Court Business Centre (CCBC). You will need to sign and date the
draft Consent Order and then send it by post/email to the CCBC with the filing fee of £100. A District
Judge at the CCBC will then make a decision regarding the removal of the judgment.
If you are in any doubt about the content of this email, you should seek independent legal advice.
Yours faithfully,
Civil Enforcement Ltd
--------------------------------------
Can anyone suggest how I should respond?
I have used the great guides on here to complete the N244, draft a Witness Statement and a Draft Order.
I have not yet put together a Draft Defence as I'm finding that bit quite tricky.
Thank for your time in looking at this and any help really really appreciated.
This is regarding a PCN issued by CEL back in 2017 and then a CCJ they issued in 2018. I had no idea about it until a couple of weeks ago as am trying to get a mortgage and noticed it was on my full credit report on Experian as it has ruined my rating and my chances of a mortgage. It's for overstaying in a supermarket's free car park by 15 mins!
Anyway the reason I haven't responded is all the documentation over the period was sent to my old address, I assume as I hadn't at that time updated my V5C although I have made a SAR request for that information to confirm.
What I do have is proof my address was changed on my driving licence (email from the DVLA), on the electoral register (proof is from the credit report but also again I am waiting on confirmation on the SAR) and with the local council (council tax bills paid over the period) and also I have a signed tenancy agreement. So with this evidence I'm lead to believe I have grounds for a set aside? My understanding is that CEL have made no attempt to find my current address which should have been easily obtainable before they issued the CCJ.
I contacted CEL requesting a set aside last week and received a quick response as follows:
12/02/2021
Vehicle Registration xxxxxxx
PCN Reference xxxxxxxx
Date of Incident 17/03/2017
Site Details xxxxxxxx
We refer to your recent correspondence. Please provide your up to date address for service of future
correspondence.
The terms and conditions for parking are clearly stated on the signage erected throughout the car park in
question. It is the responsibility of the driver to ensure they adhere to the parking terms.
This ticket was issued for exceeding the free stay allowance in the above car park.
As clearly stated on our signs, your details were obtained from the Driver & Vehicle Licensing Agency
(DVLA). Regulation 27 of the Road Vehicles Regulations & Licensing Regulations 2002 requires the
DVLA to release information from its register to companies that demonstrate a reasonable cause to have
the information made available to them. We note that you state you moved address and refer you to the
information provided on the gov.uk website (https://www.gov.uk/dvla-change-address) which stresses
that drivers MUST inform the DVLA of any change in address.
Numerous letters including, but not limited to, the PCN, PCN Reminder and letter before action were
sent to you, however, as the debt remained outstanding, we were left with no alternative but to
commence legal proceedings. As you are aware, a County Court Judgment was obtained in the sum of
£352.63.
As you were not at the address at the time of the violation, and were therefore unaware of the claim
made against you, we are willing to accept £197 in full and final settlement of the judgment debt.
Payment of the full amount outstanding can be made by calling 0115 822 5020, or via our website,
www.ce-service.co.uk. In order to make payment you will be required to provide the PCN number
(quoted above) and vehicle registration.
The CCJ will be marked as satisfied once payment is received in full, however it will not be removed
xxxxxxxxx
unless an application to have the Judgment set aside is successfully made with the Court.
There are particular circumstances in which the Court may set aside judgement – the main reason is
where it appears to the Court that there is a good reason for setting aside Judgment. An example of a
good reason is that you did not receive the claim form and were therefore unaware of the claim. The fact
that you have subsequently settled the Judgment debt is not ordinarily a good enough reason to allow the
Court to set aside Judgment.
Once payment of the full amount has been received, we will provide you with a draft Consent order
which you can file with the County Court Business Centre (CCBC). You will need to sign and date the
draft Consent Order and then send it by post/email to the CCBC with the filing fee of £100. A District
Judge at the CCBC will then make a decision regarding the removal of the judgment.
If you are in any doubt about the content of this email, you should seek independent legal advice.
Yours faithfully,
Civil Enforcement Ltd
--------------------------------------
Can anyone suggest how I should respond?
I have used the great guides on here to complete the N244, draft a Witness Statement and a Draft Order.
I have not yet put together a Draft Defence as I'm finding that bit quite tricky.
Thank for your time in looking at this and any help really really appreciated.
