CEL from 2012! Help needed please. SUCCESS !!!

[Not a happy Mummy]

Hi ...Wont say much at this point as not sure I am using correct channels.....first time on here.........I too need advice re CEL.......to keep it brief... An enforcement notice they issued to my son in Feb 2012(yes 2012) has escalated and escalated and he now has an allocation to the small claims court in Jan 2014...who/where can I get advice please?

[labman]

Re: Civil Enforcement Limited

Hi and welcome to Legal Beagles,

You'll get all the help you need here. I'll start a new thread for you so your issue doesn't get muddled with anyone else's, and I'm sure help will be along soon. :beagle:

[Not a happy Mummy]

Re: Civil Enforcement Limited

Thank you. I am not sure what to do on here but shall await any advice.

[labman]

Re: Civil Enforcement Limited

If you just post up the details of what has happened so far, then we can try to help you from there. :beagle:

[mystery1]

Re: CEL from 2012! Help needed please.

How do they know the driver for starters since it's pre October ?

A court claim from CEL doesn't equate to a hearing very often either. You still have to proceed as though it will go to court though.

As Labman says details are required in order to help. Particulars of claim, letters, signage etc etc

At no point should you indicate who the driver was. It would be handy if the driver and registered keepr/defendant were different although if they are not then there is still plenty to go with.

M1

[Not a happy Mummy]

Re: CEL from 2012! Help needed please.

Thanks for prompt reply....have not got time to write all details today but will in the morning. Suffice to say he had admitted to being the driver . I have kept all correspondence and will send detailed synopsis tomorrow

[Not a happy Mummy]

Re: CEL from 2012! Help needed please.

12/02/12 my son parked on a KFC car park managed by CEL - There is a road in between the car park restaurant. On realising they were closed he stayed in his car a few minutes deciding where to go next. He left the car park after 15 min having not turned off the engine nor getting out of the vehicle. 17/02/12 he receives Enforcement Notice for £75 followed by £150 on 12/03/12. In April 2012 he received further papers with an unstamped N1 of the sum of £425. We were advised by various people to ignore it as it had not come for the actual court. Then the following year he received another N1 which was this time stamped for the sum of £350. On further advice we completed and returned these stating we would defend the claim . We sent a detailed account of the events but still received a Notice of Allocation . It has now been listed for small claims court in January 2014. I have pictures of the sign which does state free parking for 2 hrs for customers and no one is allowed to park there when closed. This sign would be impossible to read from a car at 1am as the are not illuminated. Any advice would be greatly appreciated

[mystery1]

Re: CEL from 2012! Help needed please.

Post up the particulars of claim, any and all letters to/from them, the signs if possible. You can take personal details off but otherwise it's hard to give decent help without decent information.

M1

[Amethyst]

Re: CEL from 2012! Help needed please.

Civil Enforcement Ltd runs the car park at the KFC car park in Sutton, where drivers are told they must not enter the car park when the restaurant is closed. But the signage telling them this is located inside the car park itself along with the opening times of the restaurant making it impossible to know before you enter the car park whether you will receive a parking notice.

As well as the above, how would you know the KFC is shut without entering the carpark ?


Anyway this was CEL and KFC's response

In relation to the KFC car park in Sutton-in-Ashfield, Nottinghamshire, we are contracted to provide a bespoke system which supports this business and protects its trade. As the car park is positioned at the entrance to a busy main shopping area, the manager and staff of KFC would regularly arrive to find they could not park, let alone any customers wishing to use the restaurant. For this reason, it was necessary to prohibit parking outside of KFC’s opening hours.

From standing outside the site’s entrance, there is clear signage visible demonstrating that parking regulations are in force, in addition to the signage inside the car park itself. Our system is designed in such a way that it allows motorists sufficient leeway to enter the car park, decide they do not wish to stay and leave, without being charged.

KFC told us: There are parking restrictions outside many of our restaurants to ensure there is space for our customers to park while our stores are open. We are aware of the out-of-hours issue at our Sutton-in-Ashfield restaurant, and while we do not own or operate the car park, we have been in touch with Civil Enforcement to try and find a solution.

Only picking up on that story as I remembered it as it's my ''local KFC''

[labman]

Re: CEL from 2012! Help needed please.

KFC told us: There are parking restrictions outside many of our restaurants to ensure there is space for our customers to park while our stores are open. We are aware of the out-of-hours issue at our Sutton-in-Ashfield restaurant, and while we do not own or operate the car park, we have been in touch with Civil Enforcement to try and find a solution.

That's interesting! I wonder who the landowner is then, as it is only the landowner who can contract with CEL, and that contract has to contain some very specific wording to be enforceable. It would be interesting to see the contract and to find out from KFC who the owner of the land is.

[bluebottle]

Re: CEL from 2012! Help needed please.

With regard to the N1s, sending a completed N1 to another, which does not bear an authenticated court stamp, is illegal and a criminal offence. It is a pity the court and the police were not informed at the time. As for the more recent one, follow the advice given by the others, but I would be inclined to draw the court's attention to the unstamped N1. I can't see the court being very impressed with CEL.

[Not a happy Mummy]

Re: CEL from 2012! Help needed please.

I apologise if I have not given enough detail.......I am unsure as to what I can and cannot write on here......would be more than happy to send you copies of the full bundle of papers I have accumulated .

[Amethyst]

Re: CEL from 2012! Help needed please.

If you post up the original letter from CEL, the court claim particulars of claim. the defence your son entered then we'll be able to assist more. Cover up/edit out any identifying details (names/addresses/car reg's/court ref) and scan in and upload using the Go Advance tab on replies, then use the paperclip attachment icon, or email them to me admin@legalbeagles.info and I'll post them up for you.

Also did you take any piccies of the signage ?

[Amethyst]

Re: CEL from 2012! Help needed please.

Car park signage (can't really read the sign) but KFC is across the road from the car park, and is signed as a Drive Thru only and customer parking is across the road in a specific car park. There is a sign at the entrance to that car park but as you can see it isn't huge and the writings a bit small.

[Amethyst]

Re: CEL from 2012! Help needed please.

Documents.