Maureen, who works for me, is in following situation
1 Two years ago she got a ticket of some sort for parking in a Co-op car park. She agrees she overstayed... She says she wrote (not clear now to whom... Co-op, ticket issuer?), said she was a regular customer (which she is), etc. and would not pay...
2 Nothing happened for a long time
3 May 2014 - She gets letter from Civil Enforcement : Notice of Assignment of Debt referring to PCNxxxyyy. "We hereby give you notice.... we have assigned part of the above to Debt Enforcement & Action Limited of 124 Baker Street... Amount assigned was £130 relating to a Parking Charge Notice which was issued in accordance with a contract with The Co-op Group...
Yours faithfully. etc" A very short letter.
[I WONDER WHETHER this relates to overparking 2 years ago, or to a more recent overstay, but she insists she has heard nothing from anyone between the ticket two years ago and this letter.)
Maureen ignored this (which was not in fact so unreasonable as the letter gave no pointers for action.)
4 October 3rd. Maureen receives Judgement for Claimant, "Civil Enforcement Limited" (ergo, NOT the people to whom the £130 was assigned, which was Debt Enforcement & Action Limited). Must pay £130.43 incl interest plus £35 costs = £16543. Asks me what to do.
4a Maureen insists this was the first she had heard from the court and that she never got any kind of claim form from CCMCC about the case.
5 I wrote a letter for Maureen to send to CCMCC asking for judgement to be set aside, giving several grounds including the point above about Civil Enforcement not being Debt Enforcement, the apparent new owner of the debt.
6 Today, Maureen gets acknowledgement from CCMCC of letter with form N244 and asking for set aside fee of £155.
7 I now ring CCMCC as her representative. I say she never got the claim form. They say she must have had "a response pack" as it went to same address as judgement. (Maureen could be fibbing to me but I suspect not.) They say she can write and say she did not get it, but unlikely to affect the judgement.
I suspect this a lost cause, but having seen these 200 pages of Civil Enforcement nonsense, I thought I would make this posting. Any advice welcomed.
1 Two years ago she got a ticket of some sort for parking in a Co-op car park. She agrees she overstayed... She says she wrote (not clear now to whom... Co-op, ticket issuer?), said she was a regular customer (which she is), etc. and would not pay...
2 Nothing happened for a long time
3 May 2014 - She gets letter from Civil Enforcement : Notice of Assignment of Debt referring to PCNxxxyyy. "We hereby give you notice.... we have assigned part of the above to Debt Enforcement & Action Limited of 124 Baker Street... Amount assigned was £130 relating to a Parking Charge Notice which was issued in accordance with a contract with The Co-op Group...
Yours faithfully. etc" A very short letter.
[I WONDER WHETHER this relates to overparking 2 years ago, or to a more recent overstay, but she insists she has heard nothing from anyone between the ticket two years ago and this letter.)
Maureen ignored this (which was not in fact so unreasonable as the letter gave no pointers for action.)
4 October 3rd. Maureen receives Judgement for Claimant, "Civil Enforcement Limited" (ergo, NOT the people to whom the £130 was assigned, which was Debt Enforcement & Action Limited). Must pay £130.43 incl interest plus £35 costs = £16543. Asks me what to do.
4a Maureen insists this was the first she had heard from the court and that she never got any kind of claim form from CCMCC about the case.
5 I wrote a letter for Maureen to send to CCMCC asking for judgement to be set aside, giving several grounds including the point above about Civil Enforcement not being Debt Enforcement, the apparent new owner of the debt.
6 Today, Maureen gets acknowledgement from CCMCC of letter with form N244 and asking for set aside fee of £155.
7 I now ring CCMCC as her representative. I say she never got the claim form. They say she must have had "a response pack" as it went to same address as judgement. (Maureen could be fibbing to me but I suspect not.) They say she can write and say she did not get it, but unlikely to affect the judgement.
I suspect this a lost cause, but having seen these 200 pages of Civil Enforcement nonsense, I thought I would make this posting. Any advice welcomed.
Civil Enforcement Judgement
2 commentaires:
Sorry, I am new to this site, only seen this post just now. Is Maureen still in this predicament? It would help to know where and when this "offence" was committed.
We had a huge problem with this firm in Co-op's Whitby car park, in fact if she were to google cel+co-op+whitby+car+park+protest+page she will find us.
I am not a lawyer or legally trained but I did play a big part in getting CEL sacked from Whitby and ultimately the whole group.
She will find ideas for evidence, such as those cameras which recorded her in & out PROBABLY should have been subject to planning approval, and equally likely did not have approval. The PCN did not give instructions (for submitting an appeal) which complied with their trade organisation's Code of Practice. Actually, they directly contradicted that Code.
Meantime, in her position and in the absence of any other advice,I would merely write to the Court and COMPLAIN that the Court have granted a Judgement to a "creditor" who does not own the debt, that she was unaware of any Court Action, received no Court documents and feels aggrieved that she is told she has to pay as much as the bogus fine to clear her CCJ. Include a copy of the Notice of Assignment to show how incompetent and irresponsible CEL really are. In fact, I'd say copy it to Lord Chancellor's office, too.
She should send this by email and post direct to the Court and copy it to her MP asking for help, There are other sites to look for, Pepipoo,com and Parking Prankster are good ones, and what about the Police - surely to press a debt you have disposed of, secure a judgement is a case of fraud. I have to say I'm surprised to think this site hasn't picked this up.
Sorry, I am new to this site, only seen this post just now. Is Maureen still in this predicament? It would help to know where and when this "offence" was committed.
We had a huge problem with this firm in Co-op's Whitby car park, in fact if she were to google cel+co-op+whitby+car+park+protest+page she will find us.
I am not a lawyer or legally trained but I did play a big part in getting CEL sacked from Whitby and ultimately the whole group.
She will find ideas for evidence, such as those cameras which recorded her in & out PROBABLY should have been subject to planning approval, and equally likely did not have approval. The PCN did not give instructions (for submitting an appeal) which complied with their trade organisation's Code of Practice. Actually, they directly contradicted that Code.
Meantime, in her position and in the absence of any other advice,I would merely write to the Court and COMPLAIN that the Court have granted a Judgement to a "creditor" who does not own the debt, that she was unaware of any Court Action, received no Court documents and feels aggrieved that she is told she has to pay as much as the bogus fine to clear her CCJ. Include a copy of the Notice of Assignment to show how incompetent and irresponsible CEL really are. In fact, I'd say copy it to Lord Chancellor's office, too.
She should send this by email and post direct to the Court and copy it to her MP asking for help, There are other sites to look for, Pepipoo,com and Parking Prankster are good ones, and what about the Police - surely to press a debt you have disposed of, secure a judgement is a case of fraud. I have to say I'm surprised to think this site hasn't picked this up.
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