Civil Enforcement County Court Claim Received

[daveod50]

Hello All.
I've read a number of posts on here and am looking for some help.
Myself and my wife parked on the Co-Op car park in Whitby on 18/5/13 when we were there for a short break in nearby Scarborough. The co-op had signs outside (which we didn't photograph) which stated that customers received 2 hours free parking. We didnt shop there immediately but paid £4 for 4 hours parking to go into the town and then returned before the 4 hours were up, used the store for some groceries (activating the 2hours) and then left. We then received letters from CE claiming we had parked for 4 hours 22 minutes and therefore had breached the time served and were given a penalty. After reading advice on numerous forums and websites we basically ignored all the letters received and binned them. Today we have received a county court claim for £130 plus £35 costs. As you can imagine after over a year we now dont have any of the receipts to prove this as, at the time, we hadn't done anything wrong in our eyes and still maintain this.
I want to dispute and defend this but basically haven't got a clue where to start. They mention a "contract" in the papers sent but as far as I'm concerned its basically a deterrant penalty not a contract so not enforceable.
Can anyone offer some guidance please?
Thanks.

[mystery1]

Re: Civil Enforcement County Court Claim Received

Log on to the MCoL site and acknowledge service.

Then contact steve.murrells@co-operative.coop and express how disappointed you are to be in court as such a loyal customer blah blah blah.

If your 33 days from the date of the claim form (after AoS) is nearing the end and the Co-op haven't sorted it come back for help.

M1

[daveod50]

Re: Civil Enforcement County Court Claim Received

Thanks for that.

I have sent an e-mail to Steve Murrells so awaiting an answer from that,
I've registered on MCoL but there is no password on my claim forms received, just a claim number.
I was going to fill the form in and send it back via e-mail but I'm nit sure what to write in defence...

[mystery1]

Re: Civil Enforcement County Court Claim Received

Don't worry too much about a defence yet. You can read the free guide http://www.parking-prankster.com/court-claim.html which is tailored to parking eye but much of it is what you'll need. http://www.parking-prankster.com/sample-defence.html

The password should be on the right of the claim form just over half way down.

M1

[daveod50]

Re: Civil Enforcement County Court Claim Received

Thanks greatly for the links I will have a good look at them.
There is no password I can see anywhere on the claim form. Just the basic details on the first page and the claim number is a sticker over the box with a barcode and what I assume is the claim number..

[mystery1]

Re: Civil Enforcement County Court Claim Received

In which case phone the court on monday to get an email address to use :okay:

The claim number should be top right hand corner. Password above the box which has amount claimed, court fee, solicitors costs, total amount.

M1

[daveod50]

Re: Civil Enforcement County Court Claim Received

Hi There
Received an e-mail today from the Co-Op saying they will pay CE directly the full amount as settlement of the issue.
Delighted they have offered to do this. You would think the amount they must be shelling out on these matters means they would do something about them and get rid.
Is it best to inform the courts that this will be settled out of court or wait until payment has been made by the Co-Op and notification of this is received.
Thanks.

[mystery1]

Re: Civil Enforcement County Court Claim Received

Good news, however you should proceed until confirmed in writing.

Have you filed acknowledgement of service ? If so what is the date on the court form + 33 days ?

M1

[daveod50]

Re: Civil Enforcement County Court Claim Received

Yes I filed it by e-mail the day after and got a response receipt back from them.
The date of service stamp said 4th July but the notes say 28 days from day of service.
I assume I would need to reply to them one way or the other by 1st August in that case?

[mystery1]

Re: Civil Enforcement County Court Claim Received

Date of service is 5 days from the date on the claim form + 28 for filing a defence, so a total of 33 days. I'd say 6th :okay:

Come back if no confirmation of payment from CEL with about a week to spare.

M1

[daveod50]

Re: Civil Enforcement County Court Claim Received

Hi There

Just an update that the Co-Op sent me confirmation that a cheque payment had been sent to CEL on the 24th July.
Obviously I don't think that the payment is going to go through before I am due to file an admission/defence to the court as I submitted acknowledgment on the 5th July.
I'm looking for advice as to what to do at this point. Do I contact the court and see what is the best way to go about this or do I file some sort of defence until the payment clears with CEL?
Thanks.

[mystery1]

Re: Civil Enforcement County Court Claim Received

Phone up Cel tomorrow and ask if payment has been received. If not ask if they will agree an extension to the period for filing your defence pursuant to CPR 15.5 as payment is on way. Get the extension agreement emailed to you and then forward it to the court.

M1

[daveod50]

Re: Civil Enforcement County Court Claim Received

OK Thanks, I will do that. Will CEL contact the court to cancel the claim after payment is done or will I need to contact the courts myself?

[mystery1]

Re: Civil Enforcement County Court Claim Received

They should but i wouldn't trust them so would phone midweek to check.

M1

[daveod50]

Re: Civil Enforcement County Court Claim Received

Have tried all morning to get through to them at CEL with no joy at all, both numbers I've tried have some impossible to bypass Automated line and they arent responding to e-mail.
Struggling with this now and don't know what to do for the best. Any advice would be welcome.