CCJ set aside what does this mean

[Webstar]

Hi
Could you please help with my query. I have had a CCJ from Civil Enforcement Limited set aside on 3/10/18 as i did not receive the parking fine due to it going to the wrong address. (I did not know i had to send off my V5C form when i moved.) I have now received a letter from CEL saying that they want to pursue the claim with the original claim attached. However when i have attempted to pay the amount is still £347, the amount of the CCJ and not the £60 of the original fine. I contacted CEL and spoke to a manager that said i still had to pay the £347 despite the CCJ being set aside. I am confused. She then said that they would reduce the fee to £197 which includes their costs. I thought the CCJ being set aside meant that we went back to the original fine is this correct?
I also asked for evidence of my car being parked in the area as i was not driving the car at the time of the offence and they will not send me a picture big enough for me to identify my registration or the driver. I need to find out who was driving the car and they are not giving me the time or evidence to do so. They have said i have to pay within 1 week or they will charge me more whereas the set aside order says i can serve a defence by 9/11/18????

[ostell]

It is not a fine, merely an invoice for an alleged breach of their terms and conditions.

CEL are trying it on. It is set aside therefore the judgement does not exist anymore.

Have you got a copy of the original PCN? Post it up suitably redacted. They can either accept the original charge and not go to court or go to court and lose. CEL often withdraw when presented with a defence.

Can you post up your planned defence so that it can be critiqued before you send. If you were not the driver then they have to comply with the requirements of Schedule 4 Of the Protection of Freedoms Act 2012 to hold you liable. One of the requirements is that the Notice to Keeper, the PCN, has to be received, if no windscreen ticket, within 14 days of the event, which patently they have not. If you can show that you were elsewhere at the time and couldn't have been the driver then that may help. They will use other cases to try and show that you are liable as the driver, Elliot v Loake and CPS v AJH films, but these have been thrown out many times but they still keep trying

Your defence will be
No clear understanding of their claim as they have failed to give sufficient details
no keeper liability because they have failed POFA
you were not the driver at the time
The signage was not clear anyway
The contract with the landowner does not allow them to take action and you wish to see the contract

Send of a SAR request to CEL (template is in the forum) and request all documents, particularly the PCN. Get it in the post asap and get free certificate of postage from a post office.

You mention in your defence that they have not as yet responded to your SAR request.

This defence is probably for the judge to determine if there should be another hearing.