CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

[jaisonix]

Re: CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

We all do Bud.

M1

Hi M1

I was allocated a hearing date in 4 weeks time, and... it is during my holiday. I have submitted my holiday dates before, but made a mistake when specifying my return date. I suspect I may have to cut my holiday short because of this error. What can I do?

- I can call Wandsworth CC tomorrow. Is it possible that I can get transferred to a listing officer?
- I can email/write to them requesting a change, but since this is urgent, not sure if this is best scenario?
- I may need to request any change to be approved by claimant. But it might be difficult to get agreement from them (knowing some of the CEL court cases were won on the basis of them not showing up). Should I send them a request also?

Many Thanks

[mystery1]

Re: CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

Hi M1

I was allocated a hearing date in 4 weeks time, and... it is during my holiday. I have submitted my holiday dates before, but made a mistake when specifying my return date. I suspect I may have to cut my holiday short because of this error. What can I do?

- I can call Wandsworth CC tomorrow. Is it possible that I can get transferred to a listing officer?
- I can email/write to them requesting a change, but since this is urgent, not sure if this is best scenario?
- I may need to request any change to be approved by claimant. But it might be difficult to get agreement from them (knowing some of the CEL court cases were won on the basis of them not showing up). Should I send them a request also?

Many Thanks

I would see what the court say. Failing that we could request a paper only hearing as a last resort but that means we lose the chance to look the judge in the eye which can make a difference.

M1

[jaisonix]

Re: CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

Rang them and they said no. Another application. Another £165

That's fine, i will see if i can cut my holiday. My own fault really

[mystery1]

Re: CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

Madness.

3 options then.

1. Turn up.

2. Don't turn up and hope they proceed under cpr 23.11 (bit of a risk)

Power of the court to proceed in the absence of a party
23.11
(1) Where the applicant or any respondent fails to attend the hearing of an application, the court may proceed in his absence.
(2) Where –
(a) the applicant or any respondent fails to attend the hearing of an application; and
(b) the court makes an order at the hearing,
the court may, on application or of its own initiative, re-list the application.
(Part 40 deals with service of orders)


If choosing this i'd write to advise the court to be polite and lessen the risk they'll want to teach you a lesson for not turning up.


3. Make an application. If doing this make it without a hearing which costs £80. You shouldn't need a hearing for a simple reschedule. These costs are unlikely to be recovered.

M1

[jaisonix]

Re: CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

It is madness. Milking money. Anyway, found a cheap morning flight and will be in full attendance. Cost me less than another application.

Do you have any advice for the hearing? Stick to my defence and main arguments that you've helped me with? Never been to court before, but will read about the proceedings and such

[mystery1]

Re: CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

It is madness. Milking money. Anyway, found a cheap morning flight and will be in full attendance. Cost me less than another application.

Do you have any advice for the hearing? Stick to my defence and main arguments that you've helped me with? Never been to court before, but will read about the proceedings and such

Pretty much. I'll return to it soon.

M1

[jaisonix]

Re: CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

Pretty much. I'll return to it soon.

M1

Hi M1

Today I have received N24 General Form of Judgment or Order

Stating the following:

"Before a Proper Officer sitting at County Court at Wandsworth

IT IS ORDERED THAT

The hearing date on 28 September 2015 is vacated

Dated 9 September 2015"

This does not sound good, either -

- Court hearing vacated because i've paid the judgment (which should not happen as i've requested a hearing that was to happen independent of any payment and have been clear about that)
- Court hearing vacated because of other reason? How can this happen, i've paid a fee, and had a hearing allocated. I've even had to rebook my flights so this is really frustrating
- Court hearing vacated because i've asked them to rearrange the date in an email? Sounds unlikely, as i was explained i need to make another application N244 to ask for change

I will ring the court on Monday, but do you have any clue what this can relate to and what action can i take? Or should i just drop it, let go and move on? Because i have exhausted the majority of options here

[mystery1]

Re: CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

Impossible to say why. There is no reason for them to do so because you paid. You are entitled to contest the matter. I would think that the court do not know you have paid.

It's a case of waiting until you can ask them.

M1

[jaisonix]

Re: CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

Impossible to say why. There is no reason for them to do so because you paid. You are entitled to contest the matter. I would think that the court do not know you have paid.

It's a case of waiting until you can ask them.

M1

Hi M1

Court admitted it made a mistake and restored hearing to today 3:30pm. I realize I am posting quite late but I was away up until this morning

I am not panicking, I have my original defence, I have the skeleton argument that you have helped me with. I don't know if I should expect that CEL will show up at court. My only other queries (if you will even see this in time would be):

- Any last minute advice, should I stick to skeleton argument or my original defence or both?
- Any updates on Beavis (I believe judgment comes 21st October, but it is likely to be left as by lower courts I hear). Anyway my case is sufficiently distinct
- Should I reiterate the fact that CEL stated that debt is owned by deal, so by no means the original judgment was valid (as I paid CEL)?
- Should I mention criminal proceedings against CEL in Scotland?

Many thanks

[Kati]

Re: CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

I'm not sure if [MENTION=5354]mystery1[/MENTION] will see this before you're in court, but I'll wish you luck!!

[jaisonix]

Re: CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

I have pursued my defence and was able to recover 30% of the penalty fare. Rest was kept. I will now attempt to recover this including court fees, salary loss and administrative fees if necessary

If they do not respond I am aware there is an option to enforce the judgment

Thank you M1 for your help. It's not an ideal result as I am still at a loss but it is a result in part

[mystery1]

Re: CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

I have pursued my defence and was able to recover 30% of the penalty fare. Rest was kept. I will now attempt to recover this including court fees, salary loss and administrative fees if necessary

If they do not respond I am aware there is an option to enforce the judgment

Thank you M1 for your help. It's not an ideal result as I am still at a loss but it is a result in part

Sorry been out all day at work. I have to admit i don't understand what you've written.

Did they set aside judgement ?

M1

[jaisonix]

Re: CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

Sorry been out all day at work. I have to admit i don't understand what you've written.

Did they set aside judgement ?

M1

Hi, no worries

Judge did not set aside judgment, but part of it. He suggested CEL charged me excessively and that part of the charge should be recovered in defendant's favour.

[mystery1]

Re: CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

Utterly bizarre.

The judge, in saying you were essentially ripped off implies that you did have a case and that the striking out of the defence was an error. Then refuses to set aside. Astounding.

I guess as long as you're happy. Would love to know the exact judges order though.

M1

[jaisonix]

Re: CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

Utterly bizarre.

The judge, in saying you were essentially ripped off implies that you did have a case and that the striking out of the defence was an error. Then refuses to set aside. Astounding.

I guess as long as you're happy. Would love to know the exact judges order though.

M1

Hi M1

Here's the order below. It is bizarre I agree. But I don't know if there's any way I can proceed to dispute that
Regards,