Civil Enforcement Ltd & DCBL

[ecalid]

I would hope you get at least a letter headed thus before a court claim is initiated

Delete the posted up copy of your SAR as it contains your reg number and will allow CEL to identify this thread as yours.
From it they can infer the identity of the driver!

Thanks des8

I've removed it, but I think you'll have to remove it also from your quote above.

[des8]

oops ..... done!

[ecalid]

Thanks for all your input guys, but I'm still slightly confused surrounding the POFA 2012.

So can CEL actually mandate a representative to issue the claim, and if so, how do I build a defence against this? If they can just issue it to the keeper, virtue of POFA 2012, what are my options?

Is there any prospect of success regarding poor and inadequate signage?

[ecalid]

des8

Thank you.

[des8]

Thanks for all your input guys, but I'm still slightly confused surrounding the POFA 2012.

So can CEL actually mandate a representative to issue the claim, and if so, how do I build a defence against this? If they can just issue it to the keeper, virtue of POFA 2012, what are my options?

Is there any prospect of success regarding poor and inadequate signage?

CEL will almost certainly instruct solicitors to initiate a claim.

If your memory about the NTK is correct you will have a number of defences to any claim.

Stop fretting, and wait and see what comes of your SAR, and any claim which materialises
You can't construct your defence until you know what the claim is

[charitynjw]

des8

Delete your response to the posted up copy of the SAR as it contains the reg number and will allow CEL to identify this thread as the OP's.
From it they can infer the identity of the driver!

[des8]

must be going senile in my old age

[charitynjw]

must be going senile in my old age

That makes both of us three.

[ecalid]

CEL will almost certainly instruct solicitors to initiate a claim.

If your memory about the NTK is correct you will have a number of defences to any claim.

Stop fretting, and wait and see what comes of your SAR, and any claim which materialises
You can't construct your defence until you know what the claim is

Thanks for this.

You are absolutely right. I'll be back if the claim form comes through with the particulars and hopefully I might be able (with the help of you fine guys) to construct an adequate defence.

[ecalid]

des8 Just out of curiosity, you mentioned that the NTK was non-compliant, could you please elaborate on this for me via PM? This will at least give me some direction to review the correct legislation and give me a heads up on.

[charitynjw]

Send SAR to CEL then, and you should get a full copy of NTK.
If you are correct the reverse is just instructions on how to pay, then that notice does not comply with POFA 2012 and can be disputed.
Just make sure you do not identify the driver

Hi des8

What do you think might be missing from the NtK?
If PoFA s9(2)(f), that is usually on the reverse side.

[ecalid]

Hi des8
What do you think might be missing from the NtK?
If PoFA s9(2)(f), that is usually on the reverse side.

charitynjw
Hello Charity,

I've had a quick look into this; please see below for a slightly abridged version of the paragraph;

warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;


Words to the effect of "28 days after non payment may result in CEL taking debt recovery action" are in the footer of the NtK.

It doesn't mention the rights conferred, but they have mentioned Schedule 4 at the beginning of the paragraph.

Does this mean it is not compliant? should they be highlighting the specific rules; ie para 6(1)(b)?

[des8]

Hi des8

What do you think might be missing from the NtK?
If PoFA s9(2)(f), that is usually on the reverse side.

How about Sec 9(2) (b) & (e) but that is why I asked for copy of the reverse side (which should come with the response to the SAR sent to CEL)

[charitynjw]

How about Sec 9(2) (b) & (e) but that is why I asked for copy of the reverse side (which should come with the response to the SAR sent to CEL)

From memory, also on the reverse side.
But I always ask to see the received copy, just in case.

[ecalid]

How about Sec 9(2) (b) & (e) but that is why I asked for copy of the reverse side (which should come with the response to the SAR sent to CEL)

Thanks for this des8 charitynjw

Having read a previous post on another forum regarding the same company, I found the back side of a NtK which was delivered around this time in 2021.

https://forums.moneysavingexpert.com/discussion/6293713/civil-enforcement-pcn-popla-code-received

I suspect, and I'm certainly hoping that I am wrong, that the paperwork is probably similar if not identical.

It looks like all s9(b) (e) & (f) are covered.

Has there ever been an instance in the past few years where the paperwork hasn't been compliant on either of your arguments?