Civil Enforcement Limited

[nask]

Hi,

I am being taken to court by Civil Enforcement Limited for a parking issue from over a year ago... im nt really sure what to do and if i should pay the amount and be done with it but i do feel asking for £330 is quite excessive..

Any advise from anyone would be of great help, should i go to court? if so what is my defence?

[ostell]

Re: Civil Enforcement Limited

As you have that form you must have already submitted your defence, possibly when you acknowledged the claim. You tell us what your defence is, what you sent to the court.

So can't really give advice if we don't know the story behind it.

Was it a windscreen ticket or was a notice received in the post?
Have you got the original Notice to Driver or Notice to Keeper? Can you post them up.
Has the driver been identified? yes or no only.
If they are claiming from the keeper under POFA then may be able to get the charges reduced.

[nask]

Re: Civil Enforcement Limited

Hi, Thank you for your response, very sorry for my ignorance as i was relying on someone else who had gone through the same process except they were not being taken to court.

so what was initially sent was the below doc

[nask]

Re: Civil Enforcement Limited

certain bits have been edited on the above doc named Nasar Khan Filed Defence

- the notice was received in the post.
- NO, i don't think driver has been identified i've never sent them anything back except my defence doc.
- unfortunately i do not have the initial letters they sent me

I will upload all the docs i have.

[nask]

Re: Civil Enforcement Limited

these are all the docs i have

[ostell]

Re: Civil Enforcement Limited

Was the latter dated 12/09 the first letter you received as it is titled as a reminder. There is no mention, that I can see, of POFA and therefore keeper liability, unless it is mentioned on the back. Has the driver been identified? (yes or no).

If so then that letter fails to comply with the requirements of POFA by being delivered within 14 days and hence there can be no keeper liability, only the driver can be held liable.

You cannot modify your defence but as you have mentioned POFA then you can expand on the statement when you send papers to the court later.

Even if you lose, and you shouldn't, then the most they can claim from the keeper is the amount on the NTK + court fees (£25) + solicitors fees (£50).

You must return the Directions Questionnaire to the court within the time ordered and also to a copy to the solicitor. You name your local court, do not contest jurisdiction.