Taken to court by Civil Enforcement Ltd

[Kensh]

I have just received a NI Claim form for Northampton County Court from 'Civil Enforcement Ltd. I parked in the Coop at Whitby - purchased goods there but did not pick up a receipt. I was also delayed as my wife was disabled at the time and so was parked for 1 hour. I took the advice from forums and ignored the letters from Civil Enforcement and also Debt Recovery expecting the problem to go away, however it obviously has not. I had contacted the Coop but they could not help as they have dispensed with the services of Civil Enforcement (surprise, surprise!) I have a credit card statement that proves that I spent monies in the Coop store. I have asked the court for 28 days to prepare my defence. Any advice would be most welcome and appreciated. Thanks

[mystery1]

Re: Taken to court by Civil Enforcement Ltd

Ok, firstly go on to the court website and file acknowledgement of service.

Then read http://www.legalbeagles.info/forums/...ighlight=steve and the 2 links i posted on that thread. Email the head office and they'll probably pay it for you.

M1

[Kensh]

Re: Taken to court by Civil Enforcement Ltd

Hi Thanks so much for getting back to me so quickly. I have already contacted the court and filed the acknowledgement of service. I have tried the link you suggest -http://www.legalbeagles.info/forums/...ighlight=steve but cannot seem to find the 2 links you posted on that thread so not sure what you mean by emailing Head Office - oh unless of course you mean the Coop head office. However is it too late for that if I have already informed the Court that I intend to defend the case? It would seem that the advice that I had previously received from other general forums to ignore the letters from Civil Enforcement was out of date. I am very grateful that you seem to be able to help.

[Kensh]

Re: Taken to court by Civil Enforcement Ltd

PS I have taken your advice and contacted Coop Head Office by telephone and they have advised me to email them with all the details. They will then pass this on to their Car Park Manager but "could not promise anything" They felt that I should have immediately appealed to Civil Enforcement Ltd but of course that was very much against the advice I received from the internet forums (although possibly not yours!) thanks

[mystery1]

Re: Taken to court by Civil Enforcement Ltd

http://www.legalbeagles.info/forums/...438#post436438

Naturally you can't rely on it but they have done it before so no real reason to think they won't do it again.

M1

[Kensh]

Re: Taken to court by Civil Enforcement Ltd

Thanks - so do I simply wait to hear what Coop Head Office say or should I continue to write my defence and send it to the Court with a copy to Civil Enforcement? ( I have until 28 days from the date the claim was served i.e. May 14th) Do you think it would help if, as a gesture of goodwill, I offered in my letter to Coop to pay the initial charge of £45.00 or would that in essence be an admission of guilt. thanks again

[mystery1]

Re: Taken to court by Civil Enforcement Ltd

I wouldn't bother.

I would be prepping a defence starting next week though.

M1

[Kensh]

Re: Taken to court by Civil Enforcement Ltd

Not sure if you work 24/7 (!!) but could I send you my defence for you to look over please. Would do that tomorrow

[mystery1]

Re: Taken to court by Civil Enforcement Ltd

I'm out to work after 16:00.


M1

[Kensh]

Re: Taken to court by Civil Enforcement Ltd

Hi. Here is my draft defence. I do appreciate all your help. I am also drafting an email to send to Coop Head Office.

IN THE NORTHAMPTON COUNTY COURT CLAIM NO: A12YM031

BETWEEN:-


CIVIL ENFORCEMENT LIMITED
Claimant

-AND-


KENNETH SHEARSMITH
Defendant


______________

DEFENCE



1 It is denied that the alleged signs constitute an offer by the Claimant to the Defendant as the Defendant was not reasonably aware of such offer having been made and could not therefore enter into contract with the Claimant.

2 No admissions are made as to the Claimant’s assertion that ANPR cameras recorded the Defendant’s vehicle as the Defendant has no knowledge of such matters. It is admitted that the Defendant’s vehicle entered the Car Park on 27 May 2013 at approximately 10.30 and left on 27 May 2013 approximately one hour later. During that period the Defendant undertook his shopping at the Co-op and attended to his wife who at that time was disabled and could only walk slowly on crutches. The Defendant and his wife were delayed because of her disability and her having to wait an extremely long period to use a public convenience.

3 The Defendant had not intended to use the Cooperative Car Park without having first purchased goods from the store. The Defendant can provide written proof that goods were purchased in said store.


4 It is denied that as a consequence of the Defendant’s conduct a charge was incurred; in any event the Claimant has not pleaded in the particulars of claim how such charge is alleged to have been incurred.

5 It is admitted that the Defendant has not paid ‘the outstanding charge’ to the Claimant which has not been quantified by the Claimant in the particulars of claim. The Defendant denies that he is indebted to the Claimant for an outstanding charge. Furthermore the initial charge of £45.00 and subsequent charges now totally £215.00 is considered penal in nature and not a genuine pre estimate of loss.


6 The Defendant contacted the Cooperative Store in Whitby to explain the situation but was informed that the Cooperative Store had dispensed with the services of Civil Enforcement Ltd and so could not be of assistance. Unfortunately the Defendant was not advised to contact Co-operative Head Office, however the Defendant accepts this was his prerogative and does not attribute any blame to the Co-operative representative

7 The Defendant has sought legal advice and has been advised to contact the Cooperative Head Office

8 The Defendant did not at any time contact Civil Enforcement Ltd as advice available at that time advised against any communication with said company.

[Kensh]

Re: Taken to court by Civil Enforcement Ltd

Hi again - Here is my draft letter to Coop Head Office

Dear Mr Moses,

Thank you very much for your help and patience today. As you suggested I have laid out below the circumstances regarding Parking Charge Notice No 3260047495 received from Civil Enforcement Ltd - incident occurring on 27^th May 2013 at the Cooperative Store car park Langbourne Road, Whitby YO21 1YW.
1) My wife and I were visiting Whitby on the way to Scotland for a holiday. I used the car park in good faith having no intention of violating any regulations. I bought goods in the Cooperative store but did not keep my receipt as I was in a rush, concerned for my wife, who was waiting outside on crutches in discomfort having recently sustained an injury to the Anterior Cruciate Ligament of her knee.

2) Although not taking a receipt I have a credit card statement as evidence of purchasing goods in the Whitby store.

3) Our intention was to eat the lunch we had purchased at the Cooperative Store and return to the car park in good time, however my wife had to wait an extremely long time to use the public toilets and was slow on crutches to make the journey back to the car.

4) When I received the PCN from Civil Enforcement I doubted its validity as the notice did not look official or professional. I therefore researched the company on- line and discovered that there is a huge amount of adverse publicity concerning Civil Enforcement Ltd with Advice Agencies not regarding their practice as reputable. The advice given at the time, although I accept that this may now have changed, was to ignore all correspondence with the company. The advice was also to ignore correspondence from Civil Enforcement Ltd’s associated company, Debt Recovery Plus Ltd and so it was with great surprise that on May 14^th 2014 I received an NI Claim Form No A12YM031 ref Northampton County Court.

5) I have sent the Court an Acknowledgment of Service together with notification of my intention to defend the claim. I have, however been corresponding on-line with Legal Beagles who have advised me to contact Co-operative Head Office which I did today and spoke with you, Mr Moses.


6) In hindsight I should have contacted Civil Enforcement Ltd but as I have said the advice was to not do so. I did however contact Customer Services at the Cooperative Whitby. They informed me that the services of Civil Enforcement Ltd had been dispensed with so they could be of no assistance. It would have been appreciated if I had been advised to contact Head Office, however that was my prerogative and I place no blame on Whitby Customer Services whatsoever.

7) I have been a regular customer of the Cooperative for many years and especially applaud your support of FairTrade foods. I am, of course not privy to the reasons why the services of Civil Enforcement Ltd were dispensed with by the Whitby Cooperative or indeed if other branches have done likewise, however I would politely suggest that your excellent reputation does not sit easily with theirs.


8) As I am sure you will appreciate I really do not wish this claim to come to court and so I look to you, please to intervene. I had no intention of using the car park facilities in an unreasonable way, the situation was exacerbated because of my wife’s disability and I received ill advice from on- line legal services available at the time. I would be indebted to you if you would contact Civil Enforcement Ltd and do whatever is necessary to ensure they withdraw their claim.

Thanking you in anticipation

Yours sincerely

Ken Shearsmith

[mystery1]

Re: Taken to court by Civil Enforcement Ltd

It is denied that the alleged signs constitute an offer by the Claimant to the Defendant as the Defendant was not reasonably aware of such offer having been made and could not therefore enter into contract with the Claimant.

That only works on the proviso that a reasonable person wouldn't have seen them. If you should have seen them it won't work. The truth of whether you did in fact see them doesn't matter, really.

6 The Defendant contacted the Cooperative Store in Whitby to explain the situation but was informed that the Cooperative Store had dispensed with the services of Civil Enforcement Ltd and so could not be of assistance. Unfortunately the Defendant was not advised to contact Co-operative Head Office, however the Defendant accepts this was his prerogative and does not attribute any blame to the Co-operative representative

7 The Defendant has sought legal advice and has been advised to contact the Cooperative Head Office

8 The Defendant did not at any time contact Civil Enforcement Ltd as advice available at that time advised against any communication with said company.

Delete that.

Add what you have to one of these http://www.parking-prankster.com/sample-defence.html

M1

[mystery1]

Re: Taken to court by Civil Enforcement Ltd

Hi again - Here is my draft letter to Coop Head Office

Dear Mr Moses,

Thank you very much for your help and patience today. As you suggested I have laid out below the circumstances regarding Parking Charge Notice No 3260047495 received from Civil Enforcement Ltd - incident occurring on 27^th May 2013 at the Cooperative Store car park Langbourne Road, Whitby YO21 1YW.
1) My wife and I were visiting Whitby on the way to Scotland for a holiday. I used the car park in good faith having no intention of violating any regulations. I bought goods in the Cooperative store but did not keep my receipt as I was in a rush, concerned for my wife, who was waiting outside on crutches in discomfort having recently sustained an injury to the Anterior Cruciate Ligament of her knee.

2) Although not taking a receipt I have a credit card statement as evidence of purchasing goods in the Whitby store.

3) Our intention was to eat the lunch we had purchased at the Cooperative Store and return to the car park in good time, however my wife had to wait an extremely long time to use the public toilets and was slow on crutches to make the journey back to the car.

4) When I received the PCN from Civil Enforcement I doubted its validity as the notice did not look official or professional. I therefore researched the company on- line and discovered that there is a huge amount of adverse publicity concerning Civil Enforcement Ltd with Advice Agencies not regarding their practice as reputable. The advice given at the time, although I accept that this may now have changed, was to ignore all correspondence with the company. The advice was also to ignore correspondence from Civil Enforcement Ltd’s associated company, Debt Recovery Plus Ltd and so it was with great surprise that on May 14^th 2014 I received an NI Claim Form No A12YM031 ref Northampton County Court.

5) I have sent the Court an Acknowledgment of Service together with notification of my intention to defend the claim. I have, however been corresponding on-line with Legal Beagles who have advised me to contact Co-operative Head Office which I did today and spoke with you, Mr Moses.


6) In hindsight I should have contacted Civil Enforcement Ltd but as I have said the advice was to not do so. I did however contact Customer Services at the Cooperative Whitby. They informed me that the services of Civil Enforcement Ltd had been dispensed with so they could be of no assistance. It would have been appreciated if I had been advised to contact Head Office, however that was my prerogative and I place no blame on Whitby Customer Services whatsoever.

7) I have been a regular customer of the Cooperative for many years and especially applaud your support of FairTrade foods. I am, of course not privy to the reasons why the services of Civil Enforcement Ltd were dispensed with by the Whitby Cooperative or indeed if other branches have done likewise, however I would politely suggest that your excellent reputation does not sit easily with theirs.


8) As I am sure you will appreciate I really do not wish this claim to come to court and so I look to you, please to intervene. I had no intention of using the car park facilities in an unreasonable way, the situation was exacerbated because of my wife’s disability and I received ill advice from on- line legal services available at the time. I would be indebted to you if you would contact Civil Enforcement Ltd and do whatever is necessary to ensure they withdraw their claim.

Thanking you in anticipation

Yours sincerely

Ken Shearsmith

I have, however been corresponding on-line with Legal Beagles who have advised me to contact Co-operative Head Office which I did today and spoke with you, Mr Moses.

Delete.

Other than that i like it.

M1

[Kensh]

Re: Taken to court by Civil Enforcement Ltd

Thank you

[Kensh]

Re: Taken to court by Civil Enforcement Ltd

Followed your link and all sounds great - just one question - the case refers to Parking Eye not Civil Enforcement - is is ok to still copy out the sample defence ad verbatim ?

PS you are doing an amazing job!