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Claim form Northampton court (civil enforcement ltd)

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  • Claim form Northampton court (civil enforcement ltd)

    Hi All

    I've tried to scan over all the information on the threads relating to the above topic but could still do with some help. I'll try and keep it as short as possible.

    Basically i park at this particular car park quite often at least once a month/2 months and have always (as have had many others ) issues with parking. The first hour is free and then £1 per hour thereafter. On a couple of occasions i vaguely remember getting into my car to drive out well within the hour and getting stuck in a queue to get out and then subsequently receiving a PCN. I can't remember the amount that i was charged but it was a ridiculous amount so i ignored. I also vaguely remember their phone lines not working on one particular occasion. On another occasion i remember i drove out not realising it may have been well over an hour and genuinely forgot to pay. Recently, the salon where i go has adopted a method whereby which clients pay at reception for parking and they forward payment to company thus saving a lot of hassle. Since then there have been no problems.

    Either way, my understanding was the amount charged by the private parking company was not reasonable and the advice was to ignore.

    The problem is i have just received a claim form letter from Northampton court. Prior to receiving this letter i received 3 letters of action relating to 3 parking charge notices relating to June 2013, August 2013 and June 2014. I have no idea which particular 3 instances these relate to as they were 2-3 years ago I wasn't aware that the new advice was DO NOT IGNORE so unfortunately that is what i have been doing!

    I am guessing the court claim relates to one of the letters of action or 2 letters of action both dated june 2016 . The 3rd letter of action is dated 7th july 2016 and i still have time to respond to it.

    So I have a few questions and any advice would be greatly appreciated.

    Firstly, Is it worth me responding to the letter of action that hasn't resulted in a court claim yet? Will it most likely result in a court claim letter?

    Secondly, is it likely the court claim relates to once incident or two incidents? Do i need to clarify which incident at this stage? If so how? There is a response pack enclosed. It seems simpler to just fill in and return. If at this point the only option is to fill in response pack and return, then which option do i pick?

    option 1 agreeing with all of claim and paying in full £251.42 which relates to essentially once incident and includes court fee, legal representative cost etc. This is ridiculous and i do not agree!

    option 2 agreeing with all of the claim and asking for time to pay. Again ridiculous, do not agree with amount
    charged


    option 3 admit only part of claim and fill in a form called N9A and defence form N9B. What does this mean? I don't mind paying for the few minutes i was stuck in the queue on way out of car park even though i was NOT parked for over an hour or for the time i forgot to pay for possibly half an hour or so over the initial first hour. Is this a viable option if it means settling this quickly? or am i tempting fate with this route?

    option 4 disagree with entire claim and provide defence within 28 days. Not sure i am in a position to do this as i have 3 incidents . Can they bring into account the fact that i have three PCNs to make me look bad which i think frankly it does?

    Sorry for the long message. Will be so grateful for some advice.
    Tags: None

  • #2
    Re: Claim form Northampton court (civil enforcement ltd)

    Firstly, Is it worth me responding to the letter of action that hasn't resulted in a court claim yet? Will it most likely result in a court claim letter?


    Yes it is. Some companies will put the matter on hold until they can supply answers/information. Some will ignore you and proceed to filing a claim.

    Can you post the claim and letters up, suitably sanitised.

    M1

    Comment


    • #3
      Re: Claim form Northampton court (civil enforcement ltd)

      Hi

      Thank you for your reply. Please bear with me while i try to figure out how to upload!

      this is the letter of action i received that hasn't resulted in a court claim yet.

      I suppose this is more urgent than responding to the court claim (dated 11th July) as i only have a few days before the 14 day period is up.

      Would you have advice on how to respond to the court claim as well?

      Thanks
      Attached Files

      Comment


      • #4
        Re: Claim form Northampton court (civil enforcement ltd)

        Count court claim form attached as images
        Attached Files

        Comment


        • #5
          Re: Claim form Northampton court (civil enforcement ltd)

          I've also attached the court claim forms . sorry i'm struggling to post in order.

          Have read some previous posts relating to this topic and your advice. Do i need to write ask and ask for details of incident i'm being charged for as i have no idea -in response to letter of action?

          With regards to the court claim, i realise i need to acknowledge asap. Do i go with option 3 or option 4?

          Thank you in advance for your help.

          Comment


          • #6
            Re: Claim form Northampton court (civil enforcement ltd)

            Originally posted by sammy79 View Post
            Hi

            Thank you for your reply. Please bear with me while i try to figure out how to upload!

            this is the letter of action i received that hasn't resulted in a court claim yet.

            I suppose this is more urgent than responding to the court claim (dated 11th July) as i only have a few days before the 14 day period is up.

            Would you have advice on how to respond to the court claim as well?

            Thanks

            Edit to suit.


            Dear Civil Enforcement Ltd,






            I write in response to your letter before action dated xxxth July 2016, the contents of which are noted.






            As the pre action protocols expect us to exchange sufficient information to understand each others position please forward to myself the original parking charge notice and a picture of the signs at the location as well as the operators contract which allows them to operate at the site (or indeed confirmation they own the land in question).






            As well as the information already requested please answer the following questions :-






            What type of car park is it ?


            What contravention gives a cause of action ?


            Who contravened your rules ? Driver or registered keeper ?


            Who you are pursuing ? Driver or registered keeper ?


            Have you followed the rules laid down in the Protection of freedoms act 2012 schedule 4 ?


            How is the £140 made up ?




            Not only will this information help comply with the pre action protocols it will also help achieve the over riding objective.






            Having done some research on your claims i request that if you ignore my requests for information that your claim complies with


            CPR 16


            Contents of the claim form
            16.2
            (1) The claim form must –
            (a) contain a concise statement of the nature of the claim






            Contents of the particulars of claim
            16.4
            (1) Particulars of claim must include –
            (a) a concise statement of the facts on which the claimant relies;




            Practice direction 16




            Other matters to be included in particulars of claim






            7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.








            I await your response.




            Yours sincerely










            M1

            - - - Updated - - -

            Originally posted by sammy79 View Post
            Count court claim form attached as images

            Do nothing with this until the particulars of claim turn up or the 5 days for service and 14 days are up from the date on the claim form.

            M1

            Comment


            • #7
              Re: Claim form Northampton court (civil enforcement ltd)

              Hi M1

              Ive emailed admin to help with uploading the documents. In the meantime i've looked at the letters more closely and calmly and noticed that the reference number and date under particulars of claim on the claim form does not correspond to any of the 4 letters before action i have received. I was panicking earlier so did not count the letters correctly. I have also detected that all letters before action state time of arrivals and departure showing 12 minutes, 13 minutes, 20 minutes and 1 hour 9 minutes over the allowed first hour period. I am beginning to think it possibly doesn't matter what the particulars are as I always pay and don't recall receiving this many PCNs! I realise you do not have a crystal ball and may not have been able to make sense of the images i posted, but i would be grateful if you could just advise me as to the following. 2 of the letter before actions fall within the 14 day period. Shall i write back and acknowledgement of receipt and state there are 4 named drivers (which there are) and state i don't know/ wasn't the driver as it was so long ago along? Shall i acknowledge the claim form and disagree with claim as i do not have details/letter before action relating to it. Just don't know how i can prepare defense if i don't know what i'm defending. May sound like a stupid question but Do i contact Civil enforcement for clarification at this stage (after they have already put forward my claim to court)

              Comment


              • #8
                Re: Claim form Northampton court (civil enforcement ltd)

                sorry i missed your earlier reply. Just read it. Been busy panicking and reading other threads.

                Thanks

                Comment


                • #9
                  Re: Claim form Northampton court (civil enforcement ltd)

                  Get yourself a bit of paper and make a table for them all so you know where you are with each one

                  M1

                  Comment


                  • #10
                    Re: Claim form Northampton court (civil enforcement ltd)

                    Get yourself a bit of paper and make a table for them all so you know where you are with each one


                    Originally Posted by sammy79
                    Count court claim form attached as images




                    Do nothing with this until the particulars of claim turn up or the 5 days for service and 14 days are up from the date on the claim form.

                    M1
                    Good idea!

                    I'm posting the responses to the letter before actions this morning.

                    With regards to the court claim, can i clarify what I am doing. The particulars are the reference no and date of incident? which i believe i have detected on the claim letter. Although, I have no letter before action relating to this claim, my understanding from all the threads is to respond promptly? How do i proceed?

                    Thanks

                    Comment


                    • #11
                      Re: Claim form Northampton court (civil enforcement ltd)

                      If you look at the claim it says particulars of claim will arrive within 14 days. There is nothing to do until they arrive or the 14 days is up.

                      M1

                      Comment


                      • #12
                        Re: Claim form Northampton court (civil enforcement ltd)

                        Ok thank you.

                        Comment


                        • #13
                          Re: Claim form Northampton court (civil enforcement ltd)

                          [Do nothing with this until the particulars of claim turn up or the 5 days for service and 14 days are up from the date on the claim form.]

                          Hi M1

                          It has been 14 days since i received the court claim form dated 11th July (received 13th) and I have not received any details relating to the claim. What do i do now? Do I need to at least send some kind of acknowledgement?

                          Thank you

                          Sammy79

                          Comment


                          • #14
                            Re: Claim form Northampton court (civil enforcement ltd)

                            Contact CEL and ask where they are, as well as asking if they'll be applying for relief from sanctions for their error. Follow up by letter/email " As per my call ......................"

                            M1

                            Comment


                            • #15
                              Re: Claim form Northampton court (civil enforcement ltd)

                              Ok will do

                              Thanks

                              Comment

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