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

[Rich_Day10]

Hi all.

 

I have received a letter from Debt Recovery Ltd acting on behalf of Civil Enforcement Ltd

for a parking charge on 10 June 2013 in England, where I was not the driver.

 

My wife is a Health Visitor and parked in a supermarket car park to go and see a new mum and baby

and overstayed by about 15 minutes.

 

We were then hit with this ridiculous charge which I have just ignored until now, as per advice but

 

I have done some digging recently and found that the best thing to do is not ignore.

 

Please can some kind person give me some advice?

 

The letter states that I have to pay the full amount (which has increased from £45.00 to £150.00)

or they will pass it back to the creditors solicitors and recommend that court action be taken.

 

They quote Schedule 4 of the Protection of Freedoms Act 2012.

What do I do now?

Do I write to the manager of the supermarket and complain or am I too late for this as it is now with debt collectors?

Or do I write to Civil Enforcement Ltd and state that I wasn't the driver, giving us time to appeal?

 

Also, the letter was not marked

"private and confidential".

 

Am I wrong or should it have been?

Anything would be helpful.

Many thanks.

[Surfer01]

At the moment you are doing the right thing by ignoring any demands from a DCA who has no power.

[Rich_Day10]

Hi Surfer and thanks for the reply.I have read that ignoring is now outdated and I shouldn't. I'm just worried that if I continue to ignore when there is something I could do about it now to get it cancelled, then I should!Regards.

[renegadeimp]

Ignore is outdated in regards to the ppc. Its still the best advice for dealing with this dca.

[Surfer01]

Hi Surfer and thanks for the reply.I have read that ignoring is now outdated and I shouldn't. I'm just worried that if I continue to ignore when there is something I could do about it now to get it cancelled, then I should!Regards.

 

You could always appeal to the PPC and not the DCA and ask for a POPLA number if your appeal is rejected. However POPLA have no legal standing, but it will cost the PPC £25 if you appeal. You can continue to ignore DCA quite safely.

[Rich_Day10]

Should I have done something about this earlier then?Is it best to respond to the PPC at this point? Sorry to ask such stupid questions, I'm sure you've heard them all before!

[esmerobbo]

Was this a screen jobby or was it ANPR it may well be and it usually is with CEL that they have timed out in regard to pursuing the keeper.

[silverfox1961]

Hi

Too late to appeal now anyway.

 

Let's get this straight. This charge is not a debt and as such a DCA should not be collecting. Personally, I doubt anything will come of it by ignoring them but if you feel you should be doing something, you could write them a short letter. Two words would do for me

 

Unenforceable invoice, No debt, Owe nothing. No stress

[Rich_Day10]

Was this a screen jobby or was it ANPR it may well be and it usually is with CEL that they have timed out in regard to pursuing the keeper.

 

It was an ANPR. The parking charge date is given as 10 June 2013. We moved house on 12 July 2013 and I'm sure we had a letter from them before we moved, but whether it is within the 14 days or not, I can't remember. They state in their letter that they believe they have met the conditions of POFA but as we have moved house, the initial letter is somewhere, but I don't know where. My wife wants to just pay it and be done with it, but that is what these scumbags want isn't it? I want to email CEL now to state I wasn't the driver, but am I able to do that as they have now sent to a DRC?

[Rich_Day10]

Hi

Too late to appeal now anyway.

 

Let's get this straight. This charge is not a debt and as such a DCA should not be collecting. Personally, I doubt anything will come of it by ignoring them but if you feel you should be doing something, you could write them a short letter. Two words would do for me

 

Unenforceable invoice, No debt, Owe nothing. No stress

 

Thanks for the reply. In your opinion, what are the chances of this going to court? They have not suffered any losses!! I felt vindicated by ignoring up to now, but with some people saying I should not now ignore, the seeds of doubt are planted.

[silverfox1961]

As far as I know, the only company that needs to be written to are Parking Eye as they are quite litigious at the moment. As for any of the others, not sure whether they do court or not. That really is the only time to get concerned. Remenber, it is the landowner who takes action unless CEL have their authority to act on their behalf

[Rich_Day10]

As far as I know, the only company that needs to be written to are Parking Eye as they are quite litigious at the moment. As for any of the others, not sure whether they do court or not. That really is the only time to get concerned. Remenber, it is the landowner who takes action unless CEL have their authority to act on their behalf

 

Well, the store is a Co-op, but the letter I have states that the location is "Car Park at ***** Street" and does not mention anything about the company. I'm still going to ignore this, as I feel that if it does go to court, I can put up a defence. I've heard of a few "cold cases" where the "offender (sic)" has ignored the threatening invoices then hears nothing, but then all of a sudden is summonsed to court a year or two down the line.

[armadillo71]

I take it the ppc and drc don't know your new address?

[Rich_Day10]

I take it the ppc and drc don't know your new address?

 

They don't - the DVLA do, obviously. Can they approach them for my new details? Am I legally obligated to tell them?

[esmerobbo]

They don't - the DVLA do, obviously. Can they approach them for my new details? Am I legally obligated to tell them?

 

 

No on both counts but it would not be hard to find if they really wanted, however what you would need to watch for is that they don't realise and send a claim, which if you don't acknowledge would be granted in default. (which you could have set aside but would cost you)

 

CEL have issued a few claims however there normal MO if a defence is entered is not to pay the hearing fee and discontinue.

[Rich_Day10]

No on both counts but it would not be hard to find if they really wanted, however what you would need to watch for is that they don't realise and send a claim, which if you don't acknowledge would be granted in default. (which you could have set aside but would cost you)

 

CEL have issued a few claims however there normal MO if a defence is entered is not to pay the hearing fee and discontinue.

 

Ok, many thanks. Are there any links to successful defences that have being used? Just to save me looking!! Thanks again.

[armadillo71]

You could write to cel naming the driver and their address, keeper liability would no longer apply. Then your wife could appeal, rejected, and then go to POPLA and get it cancelled...

[Rich_Day10]

You could write to cel naming the driver and their address, keeper liability would no longer apply. Then your wife could appeal, rejected, and then go to POPLA and get it cancelled...

 

Great, thanks. They have given me until the 25th to pay. Am I able to contact CEL and do this by email? A letter would not there now unless I sent it first class today.

[armadillo71]

That date is from the drc and is meaningless.

Just write to cel giving the name and address of driver, and stating that you are not liable.

[Rich_Day10]

That date is from the drc and is meaningless.

Just write to cel giving the name and address of driver, and stating that you are not liable.

 

Ok, thanks. Would I need to put in anything other than that and would you suggest giving my new address?

[armadillo71]

You give the name and address of the driver.

Obviously include reference number of the parking charge notice .

[Rich_Day10]

Hi, I hope someone can help me.

 

We are looking to remortgage our house soon and I thought I'd do a quick check on on my credit report. I have always paid my credit cards and bills etc, so I was staggered to see that I had a CCJ against me in respect of my previous address, which we left in July 2013!

 

This is only recently, so I have not been able to contact the court or anything, but I will tomorrow. From doing some online research, I think it is from Debt Recovery Plus from a parking charge in 2013. I have £237 against me and I took (probably wrong now, I know) online advice to ignore the parking charge as it not enforceable.

 

I managed to obtain a letter from the new occupiers of our old house about this and even contacted Civil Enforcement Ltd in November 2013 about it, explaining my situation and offering a settlement or solution to the problem. I sent them a letter with my new address on and an email, which I still have on record.

 

The CCJ was issued to my old address and they were aware of my new address. I did not receive the papers. Is there anyway I can get this situation sorted and have the CCJ removed or set aside?

 

Thanks in advance.

[dx100uk]

Yes if you have proof you told the claimant

Get it set aside

 

DX

[Rich_Day10]

Ok, thanks. I don't know where to start though, other than phoning the county court money claims centre tomorrow.

[dx100uk]

N244 I believe

 

 

dx