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Hello All,
I was hoping some people who have been successful in these cases, or have more knowledge than me in these cases could provide me with some support in relation to this matter.
A brief outline of this is as follows:
In January 2015 I parked in a car park belonging to a turkish food store. There were signs, however I could not find a payment machine. I spoke to staff who stated there wasn't one. Therefore I done my shopping and left, with no payment for parking, assuming the signs are old/not in use.
24 days later, I received a letter from Civil Enforcement Ltd demanding £100 for not paying for parking.
I submitted an appeal to Civil Enforcement LTD clearly outlining that there was no payment machine, of which I stated I have a video showing the grounds of the car park showing no machine which I would supply if they wished, however they never requested it.
I received a letter reply stating there was ample signage and there was a machine so my claim was rejected, yet no proof.
I submitted an appeal to POPLA (as the only company they accept appeals from), submitting the video footage of the car park. Civil Enforcement submitted a picture of a payment machine in a doorway, no location could be established from the image, which was time and date stamped as over a year before the date of the alleged infringement. POPLA ruled in favour of Civil Enforcement as their evidence was 'stronger' than mine.
I attempted to further this appeal, contacting the Financial Ombudsman, Hackney Trading Standards (the borough it was in) and the British Parking Association, however all stated they were unable to help.
The next contact I received was from a debt recovery agency, ZZPS, demanding further funds. I tried to engage with them, however they kept sending generic replies, causing me to cease engagement with them.
The next contact I received was from QDR Solicitors demanding even more money or threatening court action. I again attempted to engage with them and expressed my concerns with regards to the weaknesses in this case and stating if they prove that the machine was present I will happily accept fault and pay, but until that time I would not accept fault. I informed QDR that I had in fact moved address at the time of responding to them and as such would require contact via email as I was not prepared to give out my new address at that time due to the behaviour I had experienced so far.
A few weeks later I had received no contact from QDR therefore sent a further email enquiring whether they were no longer pursuing this matter and reiterating I had changed address, to which I received no response.
I did not change the V5 to my vehicle as I sold it 2 months after I moved. The DVLA stated it could not guarantee getting the V5 back to me within this time and I could not afford to refinance the car if I didn't sell it when I did. However, I have always been on the voting register, which is kept up to date.
On 02/10/2019 I was conducting a credit file check, whereby I found that civil enforcement LTD had taken court action, deliberately putting my previous address as my current address, knowing I no longer reside there. Due to this a CCJ was issued in October 2018 as I did not receive any correspondence to reply to.
I am looking to apply to have this CCJ overturned. I have found some templates on here which I will use to help me.
My questions are:
1. How much of the above information should I put in my appeal to the court? All, some or none, keeping it very brief?
2. Based on the above circumstances, do I have a good chance of getting the CCJ overturned? I work in law so this could cause problems with my job if not overturned.
I was hoping some people who have been successful in these cases, or have more knowledge than me in these cases could provide me with some support in relation to this matter.
A brief outline of this is as follows:
In January 2015 I parked in a car park belonging to a turkish food store. There were signs, however I could not find a payment machine. I spoke to staff who stated there wasn't one. Therefore I done my shopping and left, with no payment for parking, assuming the signs are old/not in use.
24 days later, I received a letter from Civil Enforcement Ltd demanding £100 for not paying for parking.
I submitted an appeal to Civil Enforcement LTD clearly outlining that there was no payment machine, of which I stated I have a video showing the grounds of the car park showing no machine which I would supply if they wished, however they never requested it.
I received a letter reply stating there was ample signage and there was a machine so my claim was rejected, yet no proof.
I submitted an appeal to POPLA (as the only company they accept appeals from), submitting the video footage of the car park. Civil Enforcement submitted a picture of a payment machine in a doorway, no location could be established from the image, which was time and date stamped as over a year before the date of the alleged infringement. POPLA ruled in favour of Civil Enforcement as their evidence was 'stronger' than mine.
I attempted to further this appeal, contacting the Financial Ombudsman, Hackney Trading Standards (the borough it was in) and the British Parking Association, however all stated they were unable to help.
The next contact I received was from a debt recovery agency, ZZPS, demanding further funds. I tried to engage with them, however they kept sending generic replies, causing me to cease engagement with them.
The next contact I received was from QDR Solicitors demanding even more money or threatening court action. I again attempted to engage with them and expressed my concerns with regards to the weaknesses in this case and stating if they prove that the machine was present I will happily accept fault and pay, but until that time I would not accept fault. I informed QDR that I had in fact moved address at the time of responding to them and as such would require contact via email as I was not prepared to give out my new address at that time due to the behaviour I had experienced so far.
A few weeks later I had received no contact from QDR therefore sent a further email enquiring whether they were no longer pursuing this matter and reiterating I had changed address, to which I received no response.
I did not change the V5 to my vehicle as I sold it 2 months after I moved. The DVLA stated it could not guarantee getting the V5 back to me within this time and I could not afford to refinance the car if I didn't sell it when I did. However, I have always been on the voting register, which is kept up to date.
On 02/10/2019 I was conducting a credit file check, whereby I found that civil enforcement LTD had taken court action, deliberately putting my previous address as my current address, knowing I no longer reside there. Due to this a CCJ was issued in October 2018 as I did not receive any correspondence to reply to.
I am looking to apply to have this CCJ overturned. I have found some templates on here which I will use to help me.
My questions are:
1. How much of the above information should I put in my appeal to the court? All, some or none, keeping it very brief?
2. Based on the above circumstances, do I have a good chance of getting the CCJ overturned? I work in law so this could cause problems with my job if not overturned.
