CEL/DEAL parking charge CCJ set aside - now have 14 days to submit a defence - help

[Rich_Day10]

Thank you.

 

 

The link is very helpful but I have no idea what sort of defence to mount.

 

 

I don't want to have to pay the amount,

but I will if I really have to in order to get the CCJ wiped out.

 

 

Is the defence merely to get the set aside because I didn't receive the letter?

[Sidewinder]

The application to set aside will be that you did not receive the paperwork

despite the claimant being aware that you had moved from the address that the claim was sent to,

and therefore had no opportunity to defend.

 

 

Your defence will be for one of the usual reasons why private parking claims fail if taken to court

- research for the ones which best fit your particular case

and the experts here will help with that if you provide more information.

 

There is a fairly hefty fee for the application.

[BankFodder]

If you can show that they had the correct address and that it was their fault that the proceedings were incorrectly issued, you should be able to get your application fee back.

Follow the advice on the setaside link

[Rich_Day10]

I have spoken to the court and they have confirmed that it was issued by debt recovery plus for a parking charge

 

. I have the number for their legal section but there is no answer and only an answering service but

 

I am reluctant to leave a message.I am going to complete the N244 and send it back to HMCTS with the fee, then just wait I guess. I hope I am able to get a set aside.

[dx100uk]

I sincerely hope they didn't say it was issued for a DR+ parking FINE!!

 

 

no such thing

 

 

dx

[DragonFly1967]

You're going to have a field day with this in court when it's re-heard.

 

DR+ aren't the principle so have absolutely no right to bring any kind of county court claim against you.

 

 

Technically, it's the landowner that's the principle, but the PPC's believe that they also have this right. They've be proven wrong many times in court.

[ericsbrother]

agree with dragonfly, they must have known about your different address or they wouldnt have even considered going to court as they have no Locus Standi as it is called. When you get the set aside motion make this point clear so they dont apply again.

[Rich_Day10]

Hi everyone.

 

I was given a default CCJ against my name earlier this year by debt enforcement action Ltd

but they sent everything to my old address, as I have explained in a previous thread.

 

I have paid the money to the court for the hearing and I feel that I fit the criteria for a set aside

because I had let them know my new address and even offered a settlement,

which they ignored and went ahead with the CCJ,

sending the papers to my old address so I could not do anything about it.

 

The company has since written to me stating that they have no objection to the set aside

and are happy for the case to be reduced to a defended case.

They will also not be in attendance at the hearing.

 

I am happy if this is the case, but do I have a defence?

If the CCJ is removed and comes off my record

then I am also happy to make an arrangement with the company

as I don't want to then go to a defended case and lose it.

 

What are the options for me?

 

 

Any help much appreciated.

 

 

Thank you.

[dx100uk]

Three threads merged for history

 

If you now go back and read the thread from post 1

 

The defence is already outlined

 

Don't forget to get your set aside fee back too

 

Dx

[Rich_Day10]

Thank you dx. So could I mount a defence regarding them not being the landowners? That will mean a separate hearing won't it?

[dx100uk]

I doubt they'll bother

[AndyOrch]

" The company has since written to me stating that they have no objection to the set aside and are happy for the case to be reduced to a defended case. They will also not be in attendance at the hearing.

 

I am happy if this is the case, but do I have a defence? If the CCJ is removed and comes off my record then I am also happy to make an arrangement with the company as I don't want to then go to a defended case and lose it."

 

I would suggest a set a side by Consent Order and negotiate a settlement payment plan within the Consent...otherwise the claim will just proceed and you will have to submit a defence for the original claim.

 

Andy

[Rich_Day10]

I've had my ccj set aside by the judge and he has ordered them to pay me £258 costs for lost time, my set aside fee and my travel. I now have 14 days to mount a defence.

[AndyOrch]

Well offer you proposals now by way of a Consent/Tomlin Order...and stay the claim.Unless you wish to proceed to defend.

[ericsbrother]

Several things for your defence,

no liability as keeper so not the debtor as no contract existed between you and the parking co (CEL) or DEAL,

 

 

no assignment of the debt so no cause for action or locus standi for DEAL,

 

 

no notification of any assignment of the portion of original debt owned by the Co-Op as it didnt occur.

 

 

The costs claimed include solicitors fees claimed fraudulently as M Shwartz not a practicing solicitor

as per judgement at Eastbourne CC in case ref A84YP582 and others.

 

 

Company is being run contrary to Companies Act by failing to register the true ownership and control.

 

Deal also continued to send papers to old address when given the correct service address by the courts in this case as well.

 

look at their record in these matters and point out that CEL have been prosecuted in Scotland for fraud by the Trading Standards there.

 

 

See parking prankster for a lot more cases you can quote

[Rich_Day10]

Thanks very much, that's great. I'm going to try and mount a defence based on various things and will list them all in my submission.

 

Am I right in thinking that it may not even get to another hearing?

[ericsbrother]

DEAL dont attend court in person as they would be dragged off by the polis if they did and it would give the individuals concerned crooked game away to have to answer things when they have claimed that they are writing in the capacity of an agent of the COOP or as an employee of CEL