Civil enforcement Ltd £140 - Letter Before Action

[haz16]

Hi Beagles,

I really hope you can help me, I have just received a Letter before action (Draft) through the post and have 14 days to respond.

This is the first I am hearing about the PCN but the letter states the incident took place in Aug 2014. The vehicle reg seems unfamiliar but I believe this was a hire car. I have attached a copy of the draft notice. I would really appreciate any help that you can provide.

thanks

sorry would help if i attached the doc

[ostell]

Re: Civil enforcement Ltd £140 - Letter Before Action

You write back to them denying any liability for the alleged debt

• This is the first time that you have heard of this alleged debt
• As an alleged parking offence they have anyway failed to meet the requirements under POFA to hold anyone other than the driver responsible.
• You do not recognise the VRN supplied and therefore could not have been the keeper
• Beavis is not persuasive as this case appears to be a paid for car park without limit on time whereas Beavis was for a free car park with limited time.
• The claim is against the wrong person as only the driver of that vehicle can have formed a contract and therefore the claim should be against the driver.

Put up your response here firt for others to critique it.

[mystery1]

Re: Civil enforcement Ltd £140 - Letter Before Action

Dear Civil Enforcement Limited,

I write in response to your "letter of claim" dated 7th June 2016, the contents of which are noted. The vehicle is not mine.

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 ?

Who you are pursuing ?

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



Send via email if possible.

M1

[haz16]

Re: Civil enforcement Ltd £140 - Letter Before Action

thank you so much for your help, I will send a response and let you know of the outcome. once again thank for your help