CCJ civil enforcement limited no information - help!!

[Leannejh1]

Hi all,

I have just just joined the forum and can really do with some advice.

I always check my credit file and realised yesterday I have had a CCJ applied to my credit file. I have had excellent credit up till this point and I'm mortified!

I called today and it relates to a company called Civil Enforcemenr limited. I tried calling them direct but without a PCN number you can't even talk to them.

I moved house and although my driving licence was updated my V5 document wasn't I was really unwell and unfortunately the change was sent but never action we and I didn't chase it up.

1. I don't know what this is, when it was issued or where
2. I had a redirection on my post but when this finished I still collected mail and I never received anything.
3. I am out of the 30 day period to pay the charge and get it removed.
4. I just want a fair chance to get the info either pay if I have to or not.
5. I dont even know if it was me as my other half is registered on the car.
6. If you google my name my address comes up as I'm a director of our family business

I have been given 2 option by the court

1. Disput this with a N244 form
2. Pay and get debt satisfied and then ask for set aside

i know you will say it's my responsibility to update my v5 form and I do agree however I was really unwell and sometimes life is not as simple.

Any help would be appreciated. I have been told I should dispute it as I have no information on anything.....??

[R0b]

Re: CCJ civil enforcement limited no information - help!!

When you spoke to the Court, have you asked for a copy of the Claim Form and/or the Claim reference number? You should then be able to forward that onto CEL for them to identify the claim and in turn be able to obtain a PCN number. I find it very strange that they can only deal with you if you only have a PCN number but hey ho you have to at least try to give as much information as possible.

I would suggest option 1 than option 2 as there is no guarantee, payment of the CCJ can be seen as admitting the debt and unlikely to get set aside. You need to be prompt in your application to the court so I would say you need to be in a position to make such an application within the next week.

Your starting point though is that you need the Claim Number from the Court and they should give you a copy of the claim form free of charge, ask them to send by email if possible.

From there, you should be able to write to CEL and get further information from them, though whether they choose to or not is a different story.

[Leannejh1]

Re: CCJ civil enforcement limited no information - help!!

Hi thank you for your response.

When I spoke to the court this morning they sais they could not provide me with any information regarding the claim as they didn't have it..

Sorry I am new to anything like this. I will call them back and ask for a copy of the claim form, I do have the claim ref number.

I tried calling the telephone number in their website and without a PCN number you cannot speak to anyone. I could write but worried this may take some time?

I think I will try and dispute option 1. I have not got a parking ticket that I have not paid. I really just want the opportunity to know what it is for and if I need to pay do so without affecting my credit file.

Do you have any knowledge about these N244 forms and the best way to approach them?

Thank you

[R0b]

Re: CCJ civil enforcement limited no information - help!!

There are two ways to set aside judgment, a mandatory set aside where the court must set aside the CCJ or a discretionary set aside where the court has discretion to do so - your situation is likely to fall under the court's discretion to set aside. A Judge has discretion to set aside the judgment if you have a prospect of successfully defending the claim or there is some other good reason why it should be set aside.

As part of the application you would normally include a draft defence to show the court you have good reasons to defend and there is a prospect of it being successfully defended. However, without the Claim Form or further information from CEL you are not really in a position to include a draft defence.

You would always include a witness statement which sets out why you think it should be set aside e.g. for not receiving the claim form and not having the opportunity to admit or defend the claim and pay up within the 30 days to avoid a CCJ being recorded. It would also be prudent to include a draft order of what you are seeking from the court so they can understand the order which needs to be made.

I think the starting point is to get a copy of the claim form from the court, they should be able to supply that from the claim number and you should be entitled to it too. Once in receipt you will be able to see the address where the claim form was sent to.

If the court is not able to assist in providing the claim form then your next step is to write (email if possible) to CEL along the following lines:

- Provide the Claim Number and request copies of the claim form along with the PCN and correspondence sent by CEL in connection with the claim. This should be provided no later than 7 days from the date of the email/letter.

- Consider asking them to consent to setting aside the CCJ, in which case it costs you £100 instead of the full £255. If you have a copy of the claim form from the court you would still need to write to CEL anyway but omit the part about requesting the claim form above, and consider whether you want them to not only consent but also pay the cost of the application being £100. This might be the case if you know that they shouldn't have issued a PCN in the first place, otherwise you pay the £100.

- If you don't hear from them by X date then you will make the application without further notice, and seek costs in relation to the application but also further costs in respect of time spent. You estimate these costs to be £255 for the application and X hours of work at £19 per hour. I wouldn't expect more than 3-6 hours work spent on the application. That is preparing the application, witness statement, defence, draft order etc. though you might get away with a little more as a litigant in person.

In terms of the application itself and the witness statement and draft order you might wish to read the following thread where the OP had successfully set aside the CCJ. Your circumstances may not be the same but you get an idea of how to set it out. The contents of the application should remain the same though.

http://legalbeagles.info/forums/show...et-aside-a-CCJ

If you need help or someone to look over anything, post up any drafts and we will make our comments.

[Leannejh1]

Re: CCJ civil enforcement limited no information - help!!

I have called the court and advised and they are going to be sending me the details of the claim however the lady on the phone has said there is not much information.

The address on the paperwork is my old address
The claim is for Outstanding fees and damages from 04/08/2016 - They have not provided any information about where this ticket was supposedly issued?
I have a reference number for CEL which is actually the PCN number
I have a contact number 08709195577 for the legal team at CEL


should I call them to try and get some more information or now do this all in writing?

Thanks Leanne

[R0b]

Re: CCJ civil enforcement limited no information - help!!

Sounds like typical wording from CEL which amounts to pretty much nothing. The outstanding fees are likely the PCN charge plus admin plus any legal costs too. Their particulars of claim sound so vague it doesn't do anything and this gives you ammunition to not only set aside the claim but request the court to consider striking it out for lack or particularity i.e. it discloses no real claim against you.

I would suggest you keep all further correspondence in writing as you might need this as evidence as part of your application to set aside and as regards to their conduct. Is the court going to send you a copy of the claim form via post or email? If by post they can sometimes be slow and time is not on your side here.

So I would suggest that you start drafting a letter based on the above points I mentioned but also request a copy of the claim form which they should have since they initiated the claim. Provide them with the CEL reference number too. Just looking on their website they don't have any email address except for office@ce-service.co.uk so I would suggest sending your correspondence there as well as sending it by post. If I were you I would draft the letter, but underneath their address you should set out in bold and underlined saying: "SENT BY POST AND EMAIL TO: OFFICE@CE-SERVICE.CO.UK". Save the document as a PDF and send a cover note by email with the subject line something along the lines of URGENT: Set aside CCJ - Civil Enforcement Limited v [YOUR NAME].

If you can, I would suggest you get the email out today before 4pm but if you want us to look over it you'll have to post it up before then. I've tagged @charitynjw too in case he wants to add anything further.

[Leannejh1]

Re: CCJ civil enforcement limited no information - help!!

This site is amazing! Thank you so much!

This is what I have received from the court they e-mailed it over. Had a very helpful lady on the phone.

[Leannejh1]

Re: CCJ civil enforcement limited no information - help!!

here is the document

[R0b]

Re: CCJ civil enforcement limited no information - help!!

First of all, I would take down the document as it includes all of your personal information. This is a public forum and you should redact any personal information of yours when uploading documents.

Secondly, the Particulars of Claim (in the right hand corner) says that detailed particulars will be provided. This must mean that the court should have received another document detailing the Particulars of Claim and if they didn't supply it within 14 days from the date of the claim form being served (this is calculated as being 5 days after the issue date) then they are in breach themselves and shouldn't have even applied for default judgment.

You might want to contact the Court again and see if they have a record of the detailed particulars of claim or is it just the Claim Form that they have on file. If only the claim form the advisor might be able to confirm by email that this is the only record they have and you can use that as evidence as part of your application and perhaps to have it struck out altogether. If they can't email you then not to worry you can still mention it in your witness statement.

[Leannejh1]

Re: CCJ civil enforcement limited no information - help!!

Thank you I have removed the document.

I called the court back, the only documents they have received are the original application & statement of truth to say they sent me the additional information. No actual particulars were received by the court or myself.

I have drafter the letter to CEL please find attached I have omitted my personal details. I am not sure if I should be adding any more information as to why I want it set aside?

[R0b]

Re: CCJ civil enforcement limited no information - help!!

There's nothing wrong in uploading documents just make sure they are blanked out. There's plenty of redacting tools that you can do online like this one https://redact-pdf.pdffiller.com/. Anyway your word document above also contains your full name, I would suggest you remove that too as you can be identified.

Secondly, I've quickly written up an example of what you might say, full text below and uploaded the word version with tracked changes so you can see what I have done. You might want to double check everything suits your case otherwise amend it as there are some things in square brackets you may need to add in.

---------------------------------

Dear Sirs,

Re: Application to set aside judgment
Civil Enforcement Limited v YOUR NAME (Court No. XXXXXXXX)

I am writing with reference to the above matter.

It has come to my attention following a review of my credit report on [NAME CREDIT REF AGENCY], that Civil Enforcement Limited (“CEL”) have obtained a County Court Judgment dated [DATE]. The judgment appears to relate to an outstanding balance in respect of a penalty charge notice (“PCN”) however the particulars of claim does not set out the location of where the alleged infringement took place. In fact, the particulars stated on the claim form are extremely vague and incoherent.

I have no knowledge of ever incurring these charges nor have I received any correspondence from you or the court in respect of this claim. However, following a telephone call to the court, CEL have issued a claim at my previous address and not my current place of residence. It is therefore my intention to submit an application to the court on the grounds that service of the claim form was invalid and that I have a reasonable prospect of successfully defending the claim. Accordingly, please provide the following documents:

• the claim form;
• detailed particulars of claim;
• the PCN ticket and all other relevant documents in relation to the PCN
• all correspondence from CEL addressed to me in respect of the PCN

You should be aware that any application to set aside a default judgment must be made promptly upon realising its existence and I require the above-named documents from you within the next 7 days from the date of this letter.

Notwithstanding the above, I do not consider that CEL are entitled to the damages as set out in the particulars of claim. In order to minimise the costs to both parties, please confirm by return whether you consent to setting aside the default judgment and the complete withdrawal of your claim. In return, I am prepared to pay for the cost of the application with no order as to costs. Should you consent, I will prepare a draft consent order for your perusal.

If I do not hear back from you by 4pm on Friday 29 September 2017, I will have no other choice but to issue an application to set aside the default judgment without further notice to CEL. In this case, I will seek full costs of the application along with all other incidental costs. I estimate these costs to be £255 for the application fee as well as 4 hours’ preparation in respect of the application at a rate of £19 per hour.

I look forward to hearing from you by 4pm on 29 September 2017.

Sincerely,

YOUR NAME

[Leannejh1]

Re: CCJ civil enforcement limited no information - help!!

Hi you are amazing! I could not have written that without help!

I have sent it by email and just on my way to the post box to send 1st class.

Thank you so much for your help! I am going to have a look at the forms and witness statement over the weekend and will update this post as soon as I hear something.

I will look at the link you have posted for the dispute.

[R0b]

Re: CCJ civil enforcement limited no information - help!!

Good luck,

You may or may not hear from them or they might refer you to external solicitors, effectively palming you off. CEL are the claimant so they are the ones who decide whether to consent or not and not their solicitors.

If they don't respond at all then I am afraid you will have to press ahead with the application. You could probably start on your witness statement and Defence now you have had some information back from the Court and simply amend it if you do receive documents from CEL.

Once you've had a good read, give it a go with your witness statement and draft defence or if you get stuck give us a shout.

[charitynjw]

Re: CCJ civil enforcement limited no information - help!!

Do not ID the person who was driving in any correspondence. (In law, the registered keeper is a separate entity from the driver, & it is the driver who allegedly enters into a contract with the private parking company. Although driver liability can be transferred to the RK, the ppc will need to have adhered to Sch 4, Protection of Freedoms Act 2012. They often fail to do so).

Is the vehicle registered to you personally, or is it via your company?

In due course you'll need to get much more info on this (eg was there a windscreen PCN?...was it ANPR or similar?...how did the ppc get your details?....obtain pictures of site signage.... plus more).

But the set aside is the priority.

[Leannejh1]

Re: CCJ civil enforcement limited no information - help!!

*removed