Received particulars of claim from Civil Enforcement limited

[mbonini]

Hello all,
i am hoping for some help/advice on how to respond to a Particulars of claim received from Civil Enforcement Limited as i am quite worried it has got to this stage.


To give some background to the claim - this dates back to 04/04/15.

It is for an alleged over stay infringement at Birstall retail center.
apparently i breached the 75 minutes stay time by 17 minutes to which they are claiming is worth a £100 fine

I have not ignored the letters received but my responses to them have been ignored.
The car was registered in my brother in laws name but i was the registered driver. On receipt of the first letter i rang and spoke to Civil Enforcement to ask them to forward any further correspondence to myself at my address and not my brother in law whilst also requesting evidence of the alleged offence.

The next communication received - again to my brother in law at his address - this time from a debt collection agency ZZPS acting on behalf of Civil enforcement, i contacted these to state i was still awaiting proper communication to myself and evidence of the alleged office and also requested they didnt contact my brother in law but to contact me again giving my full name and address details.
This was ignored again and a further letter was sent to my brother in law but this time on solicitors acting on behalf of ZZPS these were called Wright hassell (fairly apt name) i went through the same procedure of contacting these and asking for any further contact to be to my self, i also emailed Civil enforcement to state i was still awaiting there response to my earlier communications.


all went quiet until earlier this month when my brother in law received a letter from Northampton county court (over 2 years after initial contact)
I sent this letter back to the court with my details on.
The on Friday 27/10 my brother in law received a letter with the particulars of claim.. the amount of which is now £243.02

I feel at a complete loss with this and am now stuck on how to proceed in responding to the particulars of claim, please can any one offer me some adivce on how to take this unfair claim forward from here??


Thank you in advance

Mark

[ostell]

Re: Received particulars of claim from Civil Enforcement limited

There is no such thing as the registered driver.

You can not handle the claim in you BiL's name, only he can do that, though you can do the writing. Modify your post so that the identity of the driver cannot be inferred. Use "The driver....".

They should not be contacting your BiL as they have been given details of the driver, but they seem to be ignoring it. Can you post the original Notice to Keeper that your BiL received? And some pictures of the signs. A better description of events would help. Do not identify the driver.

If a claim form from Northampton has been received then your BiL needs to go online and acknowledge the claim using the password and web page on the form. This give your BiL 33 days from the date of issue to prepare a defence to send to the court. The court actions have time limits on them and you, or more exactly, your BiL are heading the right direction to get a default judgement against you.

Get you BiL to log on here rather than posting second hand information.

[mbonini]

Re: Received particulars of claim from Civil Enforcement limited

Thankyou for your response

I meant registered keeper but this is an insurance thing having a different owner to keeper.

I have all the letters and comunications as my BIL is only involved due to being the registered owner, i have done all the responding to communications received.

We have received a letter from Northampton county court business centre, i returned the acknowledgement part giving my details as the registered keeper of the car.

Sorry i do not have pictures of the any signs
~Regards to the events, we were at Birstal retail park where there are approx 600 parking spaces - i have frequented the retail park regularly over the years visiting different restuarnts, shops and cinema on this occasion we went for a meal at Bella Italia but according to the letters received we were apparently parked in the KFC car park - i did not realise the car parks were split into sections. also I did not notice any signs and to be honest as i use the retail park regulary over the past years and have never had any issue before or since
On this night the retail park was extremely busy we had our meal and then went to our car and went home.

Hopefully this make sense to you?

I have also attached the first letter received, shall i attach any of the further communications?

http://file://sharepoint/Redirected%...nforcement.pdf

Thank you again
Mark

[mbonini]

Re: Received particulars of claim from Civil Enforcement limited

Thankyou for your response

I meant registered keeper but this is an insurance thing having a different owner to keeper.

I have all the letters and comunications as my BIL is only involved due to being the registered owner, i have done all the responding to communications received.

We have received a letter from Northampton county court business centre, i returned the acknowledgement part giving my details as the registered keeper of the car.

Sorry i do not have pictures of the any signs
~Regards to the events, we were at Birstal retail park where there are approx 600 parking spaces - i have frequented the retail park regularly over the years visiting different restuarnts, shops and cinema on this occasion we went for a meal at Bella Italia but according to the letters received we were apparently parked in the KFC car park - i did not realise the car parks were split into sections. also I did not notice any signs and to be honest as i use the retail park regulary over the past years and have never had any issue before or since
On this night the retail park was extremely busy we had our meal and then went to our car and went home.

Hopefully this make sense to you?

I have also attached the first letter received, shall i attach any of the further communications?



Thank you again
Mark

[charitynjw]

Re: Received particulars of claim from Civil Enforcement limited

The link to the letter doesn't work.

You could attach your file copy from your PC, or send a pic to our [MENTION=49370]Kati[/MENTION]

I can be emailed if you need my help loading pictures/documents to your thread. My email address is

kati@legalbeagles.info

But please include a link to your thread so I know who you are.

[mbonini]

Re: Received particulars of claim from Civil Enforcement limited

@charitynjw

Thank you for letting me know the link didnt work, once again i have been beaten by technology, I have sent the email now, any opinions or assistance tyou can offer once it has been uploaded is massively appreciated

[Kati]

Re: Received particulars of claim from Civil Enforcement limited

got it

[charitynjw]

Re: Received particulars of claim from Civil Enforcement limited

Ok.

Have you ID'd the driver? (Whoever was driving at the time, that is....yes or no will suffice.)

The posted Letter Before Claim is 18 months old.
I would guess CEL will try to rely on it to try & avoid the new pre action protocol which came into effect at the beginning of this month......worth a mention in your written defence if the claim issue date is after 1st October.

Could you post up a pic of the original postal Notice to Keeper (the first one), front & rear, obscure personal details but leave all dates/times visible?
Can you get pics of site signage?

What is the issue date on the court claim form?

[mbonini]

Re: Received particulars of claim from Civil Enforcement limited

@charitynjw

I have not ID'd the driver but have reported the keeper is a different person to the owner.

What is the new pre action protocol?

The letter before action is the first record of this i can find or remember being passed on by my Bil.
Iwill email Kati with all written correspondence i have received including the court claim form.

[Kati]

Re: Received particulars of claim from Civil Enforcement limited

got them [MENTION=5553]charitynjw[/MENTION] xx

[charitynjw]

Re: Received particulars of claim from Civil Enforcement limited

What is the new pre action protocol?

https://www.justice.gov.uk/courts/pr...ebt-claims.pdf

[charitynjw]

Re: Received particulars of claim from Civil Enforcement limited

ZZPS letter is a 3rd party debt collection letter & so has no legal standing as far as you are concerned.
The Wright H letter is not a Letter Before Claim.

Obviously there has been further correspondence & it does seem that you have ID'd the driver, but only to BPA?
You did contact CEL in March 2016.

Have you received detailed Particulars of Claim?

[mbonini]

Re: Received particulars of claim from Civil Enforcement limited

charitynjw - Thank you for your assistance so far



Yes i received the particulars of claim on Friday but i dont have them with me i will attach this when i get home this evening.

[Kati]

Re: Received particulars of claim from Civil Enforcement limited

[MENTION=5553]charitynjw[/MENTION] xx

[charitynjw]

Re: Received particulars of claim from Civil Enforcement limited

Have a read through this thread.

No point in re-inventing the wheel, lol!

http://www.legalbeagles.info/forums/...etter-Received