Solicitors Letter Re: Unpaid PCN

[ostell]

Well you have not "just received" the NTK so comment about the fact that it was a document in the SAR. But apart from that then go.

[Guest]

Thanks again, I really appreciate your help and advice.

[charitynjw]

CEL are litigious & will often persue the alleged debt via a court claim, & will progress with it right up to the court door. Their usual MO is then to drop it immediately before the actual hearing & scuttle off back to under the rock from whence they came.

[Guest]

I sent the letter. I received a claim form yesterday. What should I do?

Thanks

Mark

[Guest]

I'd really appreciate a reply as soon as possible - I've only got a week left to respond

thanks

Mark

[ostell]

So you have a claim form from Northampton?

acknowledge the claim using the details and password on the form. This gives you 33 days from the date of issue to get your defence to the court.

Post up the claim form

[Guest]

Thanks again.

I'll send the acknowledgement, and post up the form later today.

As I understand it, the claim is invalid because CE failed to send the NTK within the 14 day period. Does that mean their claim will fail?

The costs have now increased to £271.44. I'm concerned that if this goes to court I may lose, in which case I would incur even more costs.

cheers

Mark

[ostell]

So you argue about the increase in charges being an a use of process. Look here:

https://www.dropbox.com/s/16qovzulab...inson.pdf?dl=0

[Guest]

Thanks again.
Here's the form:

[Guest]

Last page:

[ostell]

Take the form down and repost with the password deleted

If you lose then the additional might be for the £25 hearing fee. Small claim is very limited as to costs.

[Guest]

As I understand it, the claim is invalid because CE failed to send the NTK within the 14 day period. Does that mean their claim will fail?

Can you comment on that?


Regarding my defence, this is what I propose putting on the form:

I refute the claim. I did not park in the car park in question, I merely turned round in the entrance.

Regardless, the claim is invalid because Civil Enforcement failed to comply with The Protection Of Freedoms Act 2012.

Please see enclosed copy of the letter I sent to Civil Enforcement, plus a copy of the certificate of posting.


Is that okay?


thanks

Mark

[Guest]

I really need a reply to my last post. I've only got a week left to submit my defence.

thanks

Mark

[ostell]

On the one hand you say YOU only turned in the entrance and the go on to rely on POFA. If the driver has been named then POFA is not applicable.

[Guest]

So if I omit the first paragraph, is my defence okay?