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CCJ sent to previous address - Civil Enforcement Ltd
Komen3000
post Tue, 9 Mar 2021 - 00:51
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Hi All,

Upon checking my credit file yesterday (08/03/2021) I discovered that I have a CCJ on my file, dated 07/01/2021, for a value of £296. This is of course the first time I had become aware of this.

I called up the court who had issued it, County Court Business Centre, and asked them what it related too - which was a parking fine - and that the issuer was Civil Enforcement Ltd.

The CCJ was sent to my previous address. I moved to a new address on 14th October 2020, and received my updated V5C by 06/11/2020 (date displayed on new V5C).

Having read a couple of threads on various sites including this one, I realise that the month deadline has now passed for being able to have the CCJ expunged from my record by paying. I am wondering if I have grounds to get this set aside though, by virtue of the fact that the CCJ was sent to an address that I no longer reside in.

I unfortunately do not have the CCJ paperwork, or any details relating to this parking offence - I have not received any correspondence from CEL - I do not know how to go about finding out when the original infringement took place, or where it took place.

CEL also do not offer any details on individual PCN's once they have reached the CCJ stage - it directs me back to gov.uk website for CCJs.

I am in the unfortunate position that I am looking for a mortgage right now, and was rejected on a recent credit check - hence me looking at my credit report in the first place, typical sods law.

I suppose my question could be phrased generally as: Is it likely for me to get this CCJ set-aside, and how do I go about doing that?
I understand I would have to pay £255.

More specifically: Do I need to contact a solicitor, and/or then fill out the N244 form? What other information do I need to contest this, and how do I go about acquiring that information?

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post Tue, 9 Mar 2021 - 00:51
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Komen3000
post Tue, 9 Mar 2021 - 01:46
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Having done a bit more reading, I believe I would be best to submit a SAR to CEL, to find out more about the parking fine. Is this the correct thing to do?

If so, I am struggling to find what I should put in the SAR, could anyone provide a template or pointers of what to include?

I'm also thinking I should request a copy of the CCJ from the courts, as I never received the original paperwork. Again, is this advisable and simply just a case of phoning and asking them to email me a copy?

BTW I should have stated in the original thread I reside in England.
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The Rookie
post Tue, 9 Mar 2021 - 09:25
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SAR to CEL, yes, to get copies of the paperwork and the reason for issuing the charge (not a fine) and the date.

Contact the CCBC at Northants business centre for a copy of the original claim form. Yes phone and ask.

SAR - https://legalbeagles.info/library/guides_an...access-request/



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Komen3000
post Tue, 9 Mar 2021 - 15:00
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Thanks for the reply The Rookie. I am trying to locate CELs DPO's email address but I can't see it on the Privacy policy page, or any other location on the website. Do you know how I can go about finding this?

https://www.ce-service.co.uk/privacy-policy/ - URL for the page I was searching.
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The Rookie
post Tue, 9 Mar 2021 - 15:45
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1st class post with free proof of posting from a post office.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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Komen3000
post Tue, 9 Mar 2021 - 21:21
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So I will wait to hear back from the SAR request now. In the meantime I contacted the CCBC - they wouldn't give me a copy of the original claim form, but did send me an email with the particulars of the case:

CIVIL ENFORCEMENT LIMITED V XXXXX

Telephone: 0870 919 5577

Reference: PCN: XXXXXX


CLAIM FOR MONIES RELATING TO A PARKING CHARGEFOR PARKING IN A PRIVATE CAR PARK MANAGED BY THE CLAIMANT IN BREACH OF THE TERMS + CONDITIONS (T+CS). DRIVERS ARE ALLOWED TO PARK IN ACCORDANCE WITH T+CS OF USE. ANPR CAMERAS AND/OR MANUAL PATROLS ARE USED TO MONITOR VEHICLES ENTERING + EXITING THE SITE.DEBT + DAMAGES CLAIMED THE SUM OF 182.00 VIOLATION DATE: 27/10/2019 TIME IN: 13:03 TIME OUT: 16:24 PCN REF: REFXXXXXX CAR REGISTRATION NO.: XXXXXX CAR PARK:- XXXXXX TOTAL DUE- 182.00 (REF:WWW.CE-SERVICE.CO.UK OR TEL:01158225020)THE CLAIMANT CLAIMS THE SUM OF 197.84 FOR MONIES RELATING TO A PARKING CHARGE PER ABOVEINCLUDING 15.84 INTEREST PURSUANT TO S.69 OF THE COUNTY COURTS ACT 1984 RATE 8.00% PA FROM DATES ABOVE TO- 27/11/20 SAME RATE TO JUDGMENT OR (SOONER) PAYMENT DAILY RATE TO JUDGMENT- 0.04 TOTAL DEBT AND INTEREST DUE- 197.84

Turns out this is a free car park (at least for 3 hours) so I looked to have overstayed by 21 minutes. I have checked my bank statements and I definitely used my card there that day, I believe that was the day I had my one of my tyres replaced for a puncture. The charge is about £98 which is about right for a tyre. I have two charges and the second one is for a smaller amount, which I believe relates to a purchase from the food hall while I was waiting. I am wondering given the circumstances now relating to this whether I still have a chance of contesting this.




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The Rookie
post Wed, 10 Mar 2021 - 09:12
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It sounds like you would have an excellent chance, if the car was in having a tyre swapped then it wasn't using the car park for that time, as such you complied with the terms of the contract.

There seems to be an issue with CCBC sending out claim form copies at the moment, you're now the fifth person in 3 days I'm aware of.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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