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**DISCONTINUED** Claim received from Northampton County Court Business Centre

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  • **DISCONTINUED** Claim received from Northampton County Court Business Centre

    Hello everyone,

    My wife has recently received a claim from Northampton County Court claimant CEL.

    She as you can imagine is pretty upset and shocked by this.

    It is in relation to a parking ticket she had issues back in 30/05/2012 at a COOP car park in Earls Barton.

    We phone Citizens advice when the first ticket arrived and were advised to ignore it, so we did. Several bullying letters later and we just filed them all away and ignored them.

    We are not legal minded people, so I am really looking for any assistance possible on how we can respond to this. Do I pay it? Do we fight it? I am her husband and personally think that CEL are the criminals here and should not be paid a penny, however I don't want my wife getting a black mark against her for doing her weekly shop!

    The date on the Court letter is the 9th July 2015, it arrived in the post on Saturday 11th July 2015. I appreciate we need to respond to this, but we are just lost as to what to say and what to do.

    Kind Regards
    Greg
    Tags: None

  • #2
    Re: Claim received from Northampton County Court Business Centre

    Hi welcome to LB,
    I don't usually get involved in parking problems so I hope [MENTION=5354]mystery1[/MENTION] is around to help
    you through this.
    First acknowledge service of the claim asap, do you intend to defend the claim?
    nem

    - - - Updated - - -

    Hi welcome to LB,
    I don't usually get involved in parking problems so I hope [MENTION=5354]mystery1[/MENTION] is around to help
    you through this.
    First acknowledge service of the claim asap, do you intend to defend the claim?
    nem

    Comment


    • #3
      Re: Claim received from Northampton County Court Business Centre

      Hi,

      I believe we should defend the claim, the claim seems completely unjust and unfair to me.

      Thanks
      Greg

      Comment


      • #4
        Re: Claim received from Northampton County Court Business Centre

        Just to confirm I have just done an AOS.

        Did I click too many things?

        I intend to contest jurisdiction, I ticked this. Should we have?

        Thanks
        Greg

        Comment


        • #5
          Re: Claim received from Northampton County Court Business Centre

          Originally posted by VampireG View Post
          I intend to contest jurisdiction, I ticked this. Should we have?
          that one wasn't needed (it would have been heard at your local court anyway), but you should be OK. As [MENTION=55034]nemesis45[/MENTION] says, [MENTION=5354]mystery1[/MENTION] is the best at parking tickets ... he should be along soon xx
          Debt is like any other trap, easy enough to get into, but hard enough to get out of.

          It doesn't matter where your journey begins, so long as you begin it...

          recte agens confido

          ~~~~~

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          Comment


          • #6
            Re: Claim received from Northampton County Court Business Centre

            Oops, should I contact them and tell them that this was a mistake?

            Thank you for the quick replies people.

            Comment


            • #7
              Re: Claim received from Northampton County Court Business Centre

              Just noticed on the court document that in the Particulars of the claim they state:
              05/04/12 Ref4827306433 130.00 05/04/12

              That date does not correlate to any documentation I have ever received. The original date for the fine is dated 30/05/2012 and for the sum of £90 or £45 if paid immediately.
              The actual PCN Issue Date is 14/06/2012

              So does this mean the court docs are wrong anyway?

              Comment


              • #8
                Re: Claim received from Northampton County Court Business Centre

                Can you post up the claim form and any other stuff you still have like the PCN, signs etc (suitably sanitised)

                Have a moan to steve.murrells@co-operative.coop the Co-op CEO in case he feels inclined to do something to help which has worked sometimes.

                M1

                Comment


                • #9
                  Re: Claim received from Northampton County Court Business Centre

                  I will scan them all in tomorrow from work.

                  Thank you for taking the time to assist me on this, my wife is very grateful.

                  Kind Regards
                  Greg

                  Comment


                  • #10
                    Re: Claim received from Northampton County Court Business Centre

                    Please find first batch of documents attached.
                    Attached Files

                    Comment


                    • #11
                      Re: Claim received from Northampton County Court Business Centre

                      Second batch of documents attached.

                      - - - Updated - - -

                      As you can see it has been a contact harassment which we where advised to ignore right from Letter_1 by Citizens Advice.

                      We have never been in contact with any of these companies.

                      Thank you again for your help and support.

                      Kind Regards
                      Greg
                      Attached Files
                      Last edited by VampireG; 15th July 2015, 14:55:PM.

                      Comment


                      • #12
                        Re: Claim received from Northampton County Court Business Centre

                        You left your details on some of the letters. I've unapproved them.

                        I would add that you have provided perfect proof of why you should keep letters. The letter assigning the debt to another company is a thing of beauty.

                        I'll be back, as they say.

                        M1

                        Comment


                        • #13
                          Re: Claim received from Northampton County Court Business Centre

                          Reupload of the files that had issues.
                          Attached Files

                          Comment


                          • #14
                            Re: Claim received from Northampton County Court Business Centre

                            And the other one.
                            Attached Files

                            Comment


                            • #15
                              Re: Claim received from Northampton County Court Business Centre

                              OK.

                              1st thing, as advised previously, acknowledge service as you get 14 days extra to enter a defence.


                              Then write to some people.

                              1. The claimants solicitor.



                              Dear Mr Schwartz,

                              I, as defendant, am in receipt of your court claim number xxxxxxxx in which the claimant is Civil Enforcement Ltd, Horton House, Exchange flags, Liverpool, L2 3PF. I note that you have personally signed a statement of truth for the particulars of claim.

                              I would like to bring to your attention CPR 16.4 which centres around the contents of the claim form. Given the 3 alternative scenarios you put forward, being contractual entitlement, breach of contract or trespass it can never be said that your particulars of claim show the concise facts if you are unable to accurately state what your case is actually for. I also note that the claim form signed by A. Cohen has a different amount than the particulars of claim signed by yourself. This case should be repleaded.

                              My first point pales into insignificance however compared to my next point. You have signed a statement of truth for a claim for Civil Enforcement limited for an amount which even if the circumstances upon which the arose were undisputed, which they are not, is simply not due to them as they have assigned a large portion of them. See the faux claim sent by debt enforcement and action ltd and the letter of assignment on your clients headed note paper which accompany this letter. This case is in serious trouble and i would ask you drop it immediately to avoid further costs.

                              Aside from the problems this gives you with this case, it also gives you a rather severe problem as you cannot have had an honest belief in the truth of your particulars of claim as they are simply untrue. This matter will be reported to the SRA and the possible contempt of court highlighted to the court.

                              In order to ascertain your response and see if i need to take further action i would ask for an extension to the time for filing a defence pursuant to CPR 15.5 and seek the full 28 days extra and look forward to your cooperation on this. Failure to sort out you case or the issues identified will lead me to consider a summary judgement application particularly if time starts to get short.

                              Yours etc





                              2. The claimant.


                              Dear Mr Cohen,

                              I, as defendant, am in receipt of your court claim number xxxxxxxx in which the claimant is Civil Enforcement Ltd, Horton House, Exchange flags, Liverpool, L2 3PF. I note that you have personally signed a statement of truth for the particulars of claim.

                              I note that you have signed a statement of truth. I enclose copies of a letter of assignment and a faux claim form from debt enforcement and action ltd which clearly show that the matters in the claim form simply cannot be true. I will be highlighting this potential contempt of court to the court. I note the assignment is on Civil Enforcement limited headed paper so you should have been aware of it.

                              I have asked Mr Schwartz to consider the content of the claim and the issues surrounding his possible contempt of court.

                              Yours etc


                              3. The BPA.

                              aos@britishparking.co.uk

                              Dear Sir/Madam,

                              I have had court papers issued by one of your members. It appears that your member, Civil Enforcement Limited have assigned the debt (see attached assignment, faux claim) to another company but have still lodged court papers in their own name for a debt they do not own. (see attached court papers).

                              Is this a level of honesty i should expect from one of your members ?

                              Yours etc




                              Keep an eye on deadlines and see what that stirs up. If nothing we can either go for a summary judgement or enter a defence.

                              You could also have a wee bash at steve.murrells@co-operative.coop see if he can help.

                              M1

                              Comment

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