CCJ civil enforcement limited no information - help!!

[R0b]

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

The onus is on CEL to prove not you. Parking companies do monitor forums so you should edit your post and refer everything as the 'driver' did X or Y. Otherwise these posts may be used against you and you won't have any chance at all.

Wait and see what CEL have on you first before making any conclusions.

[Leannejh1]

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

I have removed my comment you are correct I should not make assumptions. Thank you!!!!

[charitynjw]

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

It all helps.

Do you have the original postal Notice to Keeper?
If so, post it up. (Front & rear, obscure personal info but leave dates visible)

(Lol!.....I saw post #15 before it was deleted).

[Leannejh1]

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

I thought if the comment wasn't there they couldn't copy it! Lol

sorry if I'm being silly but I'm not sure what you mean. I have never received anything from them as they sent it to an old address?

[charitynjw]

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

I thought if the comment wasn't there they couldn't copy it! Lol
They can't!

sorry if I'm being silly but I'm not sure what you mean. I have never received anything from them as they sent it to an old address?
Sometimes the firm sends a copy of the original NtK. Not always, though.

As previously stated, you need to get the set aside first.
Once that is sorted we can hit them with a disclosure request.

[Leannejh1]

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

lol sorry! All this is very new to me if you ask me about finance I'm great legal matters not so much!

oh ok I understand. So from the thread the plan is

1. Send email to cel & by post which I have done however I have sent a word doc and not PDF as advised so I am going to send it again...
2. Await to hear from them & hope they set it aside
3. In the mean time I am completing the n244 form and witness statement for the defence.

I should have this competed by tomorrow.

[charitynjw]

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

In the pdf you could add (if true) that your current address is on the electoral roll & credit reference databanks, etc, & therefore the Claimant could & should have exercised due diligence before issuing the court claim.

[Leannejh1]

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

Hi, I re sent the PDF but kept it the same as I had already posted the other copy.

I have attached the witness statement based on the details that have been shared on another post (link shared above). They have included quite a lot of information however until I know what this is about I suppose this is all I can include.


A little bit of background - I moved from the address stated in court papers in early 2016 (rented), I then bought a house renovated it and then sold early 2017 and moved into my current address. At each stage I set up a redirection. notified the original letting agents, updated credit file, council, electoral roll etc. I did update DVLA, driving licence was changed and V5 docs sent however it was never received back and therefore like i have found out now never changed correctly.

For the N244 form i have copied this advice from the other chat

Name of court - silly question but it says at the top of the information County Court Business Centre or should this just be Northampton?

3. An order (a draft of which is attached) that the judgment dated [DATE] (Claim No. XXXX) be set aside because, in accordance with CPR 13.2 and 13.3, service of the Claim Form was defective and the Defendant has a real prospect of successfully defending the claim for reasons set out in the witness statement attached.

4. Yes

5. At a hearing

6. 30 minutes

8. District judge

9. Claimant

9a. Address stated on the court papers

10. Attached witness statement

I hope this is ok?

[charitynjw]

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

I put 'Northampton County Court Bulk Centre', but you should be fine.

But for a set aside you should also give reasons why you feel that you have a reasonable defence to the claim. (Can't see any in the WS).

[R0b]

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

I put 'Northampton County Court Bulk Centre', but you should be fine.

But for a set aside you should also give reasons why you feel that you have a reasonable defence to the claim. (Can't see any in the WS).

Not sure she can put anything in the WS in relation to having a reasonable prospect of defending without seeing the paperwork otherwise it could be inferred that you know more than your letting on. Perhaps something generic by saying that there were multiple users insured on the car and therefore it is possible that someone else could have entered into a contract to park but I would say thats about it.

I would change the length of the hearing from 30 minutes to 15.

I'll take a proper look at lunch time and give any comments.

[charitynjw]

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

Not sure she can put anything in the WS in relation to having a reasonable prospect of defending without seeing the paperwork otherwise it could be inferred that you know more than your letting on. Perhaps something generic by saying that there were multiple users insured on the car and therefore it is possible that someone else could have entered into a contract to park but I would say thats about it.

I would change the length of the hearing from 30 minutes to 15.

I'll take a proper look at lunch time and give any comments.

Hi R0b

I was just thinking of the 2 'limbs' to discretionary set-aside.
Owt being better than nowt?

[Leannejh1]

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

Thank you both!!

When I was writing it I thought it was a little weak however until they provide me with some information that's all I have. I will add in about the other drivers which is true. If no information is provided I can prove I was out with me kids nearly all day at the farm, I have pictures payments for entry and witnesses! Not sure if that is relevant.

[charitynjw]

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

I can prove I was out with me kids nearly all day at the farm, I have pictures payments for entry and witnesses! Not sure if that is relevant.

Could you expand a bit on this?

Does the court claim concern a vehicle for which you are (or were at the time of the parking incident) the registered keeper?

Did you use that vehicle re the farm visit?
If so,does the parking date/time coincide with the farm visit?

[R0b]

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

I've made a few suggestions to change, the tracked changes word version can be found on this link (can't seem to upload the document on here https://www.dropbox.com/s/wz9guosbzi...ds%29.doc?dl=0). You might want to play around with it but as Charity has already alluded to, it would be helpful to include in your WS whether you are the registered keeper and perhaps comment as this being the reason why the claim was issued against you, despite having other drivers who were insured on the vehicle too.

You may also want to include reference to the fact that the particulars of claim suggests detailed particulars would follow within 14 days of the claim form being served, but the Court has confirmed that no detailed particulars had filed with the court, contrary to Practice Direction 7E, rule 5.2(2)(a). So in any event, they should not have filed for default judgment since they were in breach themselves thus no default judgment should have been requested.

You may also want to include as part of your application (and witness statement) the court to consider striking out the claim as it discloses no real cause of action. The particulars of claim seem to be a template copy and paste with no real information that indicates the PCN details, where the breach occurred and on what date. However it is up to you whether you wish to include it or not. If you do, then you'll need to amend your application and your witness statement to include this.

Finally, I would suggest that you include a draft order, an example can be found on the link I referred to in previous post.

You might also want to amend your witness statement to include striking out the claim on the basis that the particulars of claim discloses no cause of action but this is up to you.
[MENTION=5553]charitynjw[/MENTION]w, the two limbs are separate, either you have a reasonable prospect of successfully defending or there is some other good reason why, or both.


-----------------------------------------------------------------------
1. I am a director of a family business and I make this Witness Statement in support of an application to set aside the default judgment entered on 09^th May 2017.

2. The facts and matters set out in this statement are within my own knowledge unless otherwise stated, and I believe them to be true. Where I refer to information supplied by others, the source of the information is identified; facts and matters derived from other sources are true to the best of my knowledge and belief.

3. There is now produced and shown to me a paginated bundle of true copy documents marked "XX1". All references to documents in this statement are to Exhibit XX1 unless otherwise stated.

4. Upon checking my credit report in or around 21^st September 2017, I discovered that there was a County Court Judgment in which default judgment was entered against me on 9 May 2017 for the address at Parkside Mews. After contacting Northampton County Court, I was informed the Claimant obtained a default judgment relating to a failure to pay a Penalty Charge Notice (“PCN”) and the claim form had been issued to Parkside Mews.

5. I was completely unaware that the Claimant had issued proceedings against me in relation to a PCN. I did not receive the application notice or any correspondence from the Claimant or their solicitors referring to the PCN nor do I have any details of where the alleged contravention took place. I moved from Parkside mews in February 2016 to Stafford Road and notified the lettings agency with my forwarding address and had a redirection on for a year. At the same time, I also updated other records such as the electoral role, council, DVLA and credit reference agencies. In May 2017, I moved again to my current address Limpsfield Road, where again I updated all of my details and had a re-direction from my previous address..

6. As soon as I became aware of the judgment, I acted promptly by notifying the Claimant on [date] of my intention to set aside the application, and requested further details of the PCN, the alleged contravention which took place, and asking whether they would consent to the set aside application (page XX of XX1). The Claimant has not responded to my letter and I am therefore compelled to make this application to set aside the default judgment.

7. It is reasonable to suggest that given the lack of response to the Claimant’s letters prior to issuing proceedings, it would not be unreasonable for the Claimant to think I would no longer be living at Parkside Mews. In that case, the Claimant ought to have taken reasonable steps to ascertain my current whereabouts in accordance with CPR 6.9(3). Had the Claimant done so, then it would have realised that I no longer live at Parkside Mews which is the address the claim form was served. For these reasons, I believe that service of the claim form was defective and the Claimant did not take reasonable steps to ascertain my current place of residence.

8. Furthermore, if the claim form was received and I was given sufficient details about the claim against me, it was more likely than not that I would have defended the claim and/or satisfied the outstanding debt however I was not given this chance. I will rely on the Court of Appeal case Godwin v Swindon Borough Council [2001] EWCA Civ 1478 where LJ May said the following:

“Rule 13.3(1)(b) has a disjunctive alternative, so that the court may set aside or vary judgment entered in default if it appears to the court that there is some other good reason why the judgment should be set aside or varied or the defendant should be allowed to defend the claim. In my view, this is plainly capable of extending to circumstances where the defendant has not received the claim form and particulars of claim before judgment was entered against him. It is not an absolute right, but does not have to depend on the defendant having a real prospect of successfully defending the claim. The court therefore has sufficient power to do justice in these cases and will, no doubt, normally exercise this discretion in favour of a defendant who establishes that he had no knowledge of the claim before judgment in default was entered unless it is pointless to do so. The defendant, for instance, may have no defence to the claim, but may justifiably want to have the judgment set aside on the basis that, had he known about the claim, he would have satisfied it immediately without having an embarrassing judgment recorded against him. There may also be questions of costs. It is obviously open to a defendant to establish by evidence for these purposes the date on which the claim form and particulars of claim were received by him.” (at para. 49)

9. In summary, I have acted promptly when I found out about the judgment. I have explained why I did not respond to the claim issued and I believe that service of the claim form was invalidly served but I also a reasonable prospect of successfully defending the claim in that there are multiple drivers insured to use the vehicle and that there is a real chance that the PCN in question related to another driver. The prejudice that I would suffer by not being allowed to defend this claim greatly exceeds the prejudice to the Claimant if the judgment is set aside. For these reasons, I respectfully ask the Court to set aside the judgment under CPR Part 13.

[Leannejh1]

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

Sorry I have been at work and couldn't reply.
[MENTION=5553]charitynjw[/MENTION] I am the registered keeper and i was at the farm on this day. Until CEL come back to me I have no idea of where and when this happened. I am waiting for them to come back to me by Friday at 4pm.

Thanks so much for your input! I would like to include the points mentioned so I will update this tonight as I think they are very valid. I will also have a look at the draft order.

So if they don't reply should I send this just after 4? That way hopefully I'll get the ball rolling?

Again thank you! Certainly needed this guidance