Civil Enforcement Limited County Court Claim Form

[richardlat1]

Hello,

I have received a county court claim from Civil Enforcement Limited for a parking ticket.
They have not yet sent any particulars of the claim and I have Acknowledged the claim on the Money Claim website but what do I do now with regards to defending against it?

I would appreciate any advice you can give.

[charitynjw]

Re: Civil Enforcement Limited County Court Claim Form

Hi richardlat1, welcome to LB.

Could you post up the particulars of claim, the Notice to Keeper, any photos of the site & signage, & give a bit of background info.
Also the date of issue of the claim form?

[richardlat1]

Re: Civil Enforcement Limited County Court Claim Form

Hi richardlat1, welcome to LB.

Could you post up the particulars of claim, the Notice to Keeper, any photos of the site & signage, & give a bit of background info.
Also the date of issue of the claim form?

Hi Thanks for getting in touch.

They haven't yet sent particulars of claim the court letter says they will send within 14 days.

The data was 25-11-16 i pulled into a hotel but didn't actually get out of the car at anytime as i was waiting for someone and i stayed over the time allowed which was 20 mins but i didn't think it would matter as i didn't actually leave the car. They did send a PCN with a picture of my car and the times etc but i was badly advised to just ignore it. Since i have looked into it and i shouldn't have ignored it all. I have received letters from several different companies though some from a Solicitors called Wright Hassall, ZZPS, and from Civil Enforcement Limited.

I hope that helps

[charitynjw]

Re: Civil Enforcement Limited County Court Claim Form

Ok

Have you kept the communications? (In particular, the original Notice to Keeper).

[richardlat1]

Re: Civil Enforcement Limited County Court Claim Form

Ok

Have you kept the communications? (In particular, the original Notice to Keeper).

Hi yes i have the original still and have kept all the letters i have received so far

[charitynjw]

Re: Civil Enforcement Limited County Court Claim Form

Ok

The first thing is to check the NTK & signage
Can you post them up?

[richardlat1]

Re: Civil Enforcement Limited County Court Claim Form

Hi i have attached the PCN i dont have any images of the signage though

[charitynjw]

Re: Civil Enforcement Limited County Court Claim Form

Were you waiting for someone using the hotel?
If so, have you tried contacting them about this?

[richardlat1]

Re: Civil Enforcement Limited County Court Claim Form

No not actually waiting for anyone in the hotel. I needed to wait there as I was waiting for a plane to land at the airport to pick someone up.

[charitynjw]

Re: Civil Enforcement Limited County Court Claim Form

Ok

The signage is obviously important, as that is the 'contract' under which the driver has allegedly agreed but breached.
Could you post up the reverse side of the NTK?

[richardlat1]

Re: Civil Enforcement Limited County Court Claim Form

Hi I didn't get a notice to keeper. Is all I received was the PCN and a second one threatening legal action. Then another one saying they would start legal proceedings and then one from a solicitor

[richardlat1]

Re: Civil Enforcement Limited County Court Claim Form

Hi these are the signs at the car park

[richardlat1]

Re: Civil Enforcement Limited County Court Claim Form

Hi Charitynjw

i have posted pics and have received the Particulars of claim too

[ostell]

Re: Civil Enforcement Limited County Court Claim Form

The original PCN does not comply with POFA, at least on the first page that was posted up. Is POFA mentioned on the reverse? Only the driver of the vehicle can be held liable.

Modify your post so that the identity of the driver cannot be inferred. Use "The driver did this", "The driver did that ..."

The sign is a forbidding sign and is only making an offer of parking to permit holders only. If your weren't authorised then you cannot be offered a contract. If it is permit holders only then they cannot then offer a parking contract to non permit holders. The only claim would be for trespass which only the landholder can claim, and only for a nominal sum.

So your defence will be that they have not contracted with the driver of the car for parking and cannot therefore claim brach of contract and therefore the charge is an attempted penalty.

They have also not complied with the requirements of POFA to hold the registered keeper liable and have failed to identify the driver.

You attack their particulars of claim asnd statment of truth (page one is missing) in that the statement of truth is not tru in that they can not have any knowledge that the defendant was the driver.

Look around, on here and PePiPoo, for similar defences

[richardlat1]

Re: Civil Enforcement Limited County Court Claim Form

HI Ostell

thank you so much for your reply and apologies for the delay in my reply

Im not sure what POFA is but the PCN is blank on the reverse