County court claim form received from civil enforcement ltd. please help

[Louised]

Hi everyone I am new to this so please bare with me.
on the 16th July 2012 My dad parked in the cooperative car park (free of charge) to use the supermarket. We both had appointments with the doctors which is adjacent to the supermarket so after shopping we decided to walk over to the doctors. To cut a really long story short my dad ended up having complications whilst seeing the doctor and he had to stay in the doctors until he was well enough to leave.
Few months later he received a parking charge notice from civil enforcement ltd stating that he had overstayed by 23 minutes. So I did a bit of research and was assured that if we just ignored the letters then nothing would come of it. So we ignored approx 3 letters from them as this is what was said to do. Obviously this was 18 month ago so you can imagine our shock when yesterday he received a county court claim form saying that CEL was taking him to court for £165 for not paying the charge.
We are now unsure what to do as there was a very good reason as to why he overstayed by 23 minutes!
Any help would be appreciated

[mystery1]

Re: County court claim form received from civil enforcement ltd. please help

If you post up all the info you have(excluding name address etc) such as the particulars of claim, notices, signs etc etc that'd help.

They have issued a few claims this last week or so but don't make it to court that often.

M1

[Louised]

Re: County court claim form received from civil enforcement ltd. please help

Thanks you'll have to bare with me because I have never done anything like this before.
Particulars of claim:
1.the claimant has a contact with the cooperative group to manage the car park at dale street ossett
2. The car park is private property. The claimant uses anpr cameras within the car park
3. In the car park there are many clear and visible signs displayed advising drivers of the t&cs. These signs constitute an offer by the claimant to enter into a contract with drivers
4. The claimants anpr cameras recorded the defendants vehicle, reg number in the car park. Entered 16/07/12 at 15:07 and left at 17:30
5. When the defendant parked in the car park they accepted, by their conduct, the claimants offer as set out by the signage. Consequently a contract was formed between the claimant and defendant.
6. As a result of the defendants conduct a charge was incurred
7. The defendant has not paid the outstanding charge
8. Further the claimant claims interest pursuant to section 69 of the county courts act 1984 on the amount found to be due to the claimant at such rate and for such period as the court thinks fit.
AND the claimant claims
damages in the sum of £165
interest pursuant to section69 of the county court act 1984 to be assessed
does this info help in anyway?
thanks louise

[Louised]

Re: County court claim form received from civil enforcement ltd. please help

Amount claimed: £130
court fees: £35
solicitors costs: £0
total amount : £165

[mystery1]

Re: County court claim form received from civil enforcement ltd. please help

First of all, forget your dads reasons. Means nothing.

Secondly CEL rarely do court but as they have started a claim you'll need to defend or they'll get a default judgement.

http://parking-prankster.blogspot.co...ally-turn.html

If your up for it i can help you defend it.

M1

[Louised]

Re: County court claim form received from civil enforcement ltd. please help

Yes definitely want to defend it. I have the claim forms here with me but just don't no where to start or what to say?

[mystery1]

Re: County court claim form received from civil enforcement ltd. please help

To start with, go online to the court website and use the password on the claim form and file acknowledgement of service. this gives you a further 14 days to defend and a total of 33 days from the date of the claim form.

What you will say will be similar to glendef.rtf excluding Pofa as it did not apply then.

There is also a big parking eye case on 17th if i recall correctly which could be huge and obviously helpful.

CEL are known to go through the motions and withdraw a day or 2 before the trial date.

M1

[Louised]

Re: County court claim form received from civil enforcement ltd. please help

Hi tried to acknowledge it on the mcol website but it is currently undertaking essential work at the moment.

[mystery1]

Re: County court claim form received from civil enforcement ltd. please help

You have 5 days for service plus 14 days to do it so no hurry. (total of 19 days from the date on the form).

M1

[Louised]

Re: County court claim form received from civil enforcement ltd. please help

Ok I shall do it ASAP because it is really worrying us

[mystery1]

Re: County court claim form received from civil enforcement ltd. please help

It's more a pain in the arse than something to worry about.

M1

[Louised]

Re: County court claim form received from civil enforcement ltd. please help

Yes I agree. Should I post back here once I have done what is needed on the mcol website?

[mystery1]

Re: County court claim form received from civil enforcement ltd. please help

If you want but it won't matter.

M1

[Louised]

Re: County court claim form received from civil enforcement ltd. please help

Hi I tried to log onto them mcol website but it wasn't recognising my claim number or password so I have sent an email. Should I post the acknowledgement of service form just in case I haven't done it right?

[mystery1]

Re: County court claim form received from civil enforcement ltd. please help

The password is case sensitive. Make sure 0 and o are also correct.

M1