Re: Civil Enforcement Ltd CCJ County Court - won

[mystery1]

Re: Civil Enforcement Ltd CCJ County Court

I would add to the witness statement.

x. I believe this is a parking matter judging soley on the claimants business having googled their name. I believe i may have a complete defence based on Civil Enforcement Ltd v McCafferty. Exhibit x


http://nebula.wsimg.com/d8670de1426e...&alloworigin=1

Otherwise looks fine to me. Contact the court tomorrow between 9:15 (1 think) and 15.45 to pay over the phone and get the correct email details and format.

Also do it asap as set asides need to be quick. (21 days rings a bell with me).


M1

[Littlegem]

Re: Civil Enforcement Ltd CCJ County Court

You are great - thank-you so much!!!!!!!!!!!!

So I will contact the County Court Money Claims Centre tomorrow.

What date do I put on the draft order for:
2. The Defendant shall file and serve its Defense by 4pm on [??? What date should I use????].

[mystery1]

Re: Civil Enforcement Ltd CCJ County Court

Whatever you want, they'll change it anyway.

M1

[Littlegem]

Re: Civil Enforcement Ltd CCJ County Court

Ok - thanks
Would you know or should I start a separate post, that is I am successful in having the CCJ set aside that it will be removed from my credit file.
Will need to apply for a mortgage soon, and am concerned about this affecting my chances

[mystery1]

Re: Civil Enforcement Ltd CCJ County Court

It should be as the data is meant to be accurate.

http://www.trustonline.org.uk/unders...ide-a-judgment

M1

[MIKE770]

Re: Civil Enforcement Ltd CCJ County Court

See Mystery 1 is on it now.

[Littlegem]

Re: Civil Enforcement Ltd CCJ County Court

Hi M1 - good news the judgment has been set aside, although I now have to submit a defense.
Would you be able to look over my defense please and give me some advice on whether I have presented it correctly - or if I have missed anything?
Really grateful for any help I can get

[Littlegem]

Re: Civil Enforcement Ltd CCJ County Court

Name of Court: COUNTY COURT AT GUILFORD

Claim No: A00YPxxx
Claimant: CIVIL ENFORCEMENT LTD
Defendant: xxxxxx

1.In June 2011, I parked in the CoOp car park in Newport. I do remember parking there as it was the first holiday with my new-born son, and remember clearly (even though the event was 4 years ago) that the payment machine for parking the car park was faulty and registered a £0.00 payment amount.

2.At the time I could not locate a parking attendant in the car park and the contact telephone number listed rang through to an answering phone message.

3.Other people were also unable to pay for their parking at the same time as I, due to the faulty machine

4.On my return from holiday I received a parking fine, in the post from Civil Enforcement Ltd, which I promptly appealed in writing, explaining the fault with the machine.


5.Following my written appeal to Civil Enforcement Ltd I heard nothing further from them and understood the matter to be closed.

6.As the parking incident and the appeal occurred in 2011, I have not kept any copies of the correspondence with Civil Enforcement Ltd regarding this matter.


7.I only learned about the County Court Claim dated September 2014, from Civil Enforcement Ltd, in March 2015 when I obtained my Credit file from Experian as I am applying for a mortgage.

8.I was most distressed to realise that a County Court Claim had been made against me in September 2014 – at an address I had not lived at for 4 years, relating to this parking fine.


9.During a telephone conversation with Civil Enforcement Ltd in April 2015 they acknowledged they had received my appeals letter.

10.I asked Civil Enforcement Ltd both verbally on the telephone and in writing to send me a copy of my appeals letter which they have not done.

11.I have researched Civil Enforcement Ltd as a company and discovered two articles from the Ilse of Wight press. The articles discuss and describe how other people have also incorrectly received parking tickets from Civil Enforcement Ltd, after parking in the same CoOp car park in Newport on the Isle of Wight ( please see exhibit xx - Article from Isle of Wight News - Thursday January 12th 2012

12.The following is taken from the article in the Ilse of Wight County Press Friday January 13th 2012 ( please see Exhibit xxx)
“Island drivers contacted the County Press after receiving fines from Civil Enforcement Ltd, (CIVIL ENFORCEMENT LTD), which manages the multi-storey car park on Pyle Street, Newport, on behalf of the Co-op.

They claim the fines were issued unfairly because the ticket machine was faulty.

Alun Marks, of Creative Car Parks, of which CIVIL ENFORCEMENT LTD is part, said the company had cancelled the tickets after motorists appealed to them directly.

Motorists with tickets they wished to dispute should follow the appeals procedure stated on the ticket, he added.

The Co-op said it was aware there had been problems with parking machines and it was working with customers and the contractor to ensure fair enforcement of parking regulations.”

13.I contacted Mark Armstrong, an Isle of Wight resident, who received a parking fine from Civil Enforcement Ltd after parking in the same CoOp car park, and was unable to pay due to the faulty parking machines.
He has written a letter (please see exhibitxx) which explains what, happened, and that Civil Enforcement agreed the tickets were issued unfairly.

14.As the parking machine was faulty, and my best endeavours were made at the time to pay for the parking, I believe the fine is unfair.

[mystery1]

Re: Civil Enforcement Ltd CCJ County Court

That's more akin to a witness statement than a defence. You need to contact the court and/or claimant to get a copy of the claim so you can defend properly.

M1

[Littlegem]

Re: Civil Enforcement Ltd CCJ County Court

Thanks M1 - I have a copy of the claim - shall I post it up?

[mystery1]

Re: Civil Enforcement Ltd CCJ County Court

Yes please.

M1

[Littlegem]

Re: Civil Enforcement Ltd CCJ County Court

[Littlegem]

Re: Civil Enforcement Ltd CCJ County Court

Article from Ilse of Wight Press - re unfair parking fines from CEL issued to drivers parking in same carpark as I did



- - - Updated - - -

2ND PRESS ARTICLE

[Littlegem]

Re: Civil Enforcement Ltd CCJ County Court

Letter from Island resident also unfairly fined for parking at same time - who had ticket removed

[mystery1]

Re: Civil Enforcement Ltd CCJ County Court

Some great evidence there. Have you contacted the Coop at all ?

M1