Civil Enforcement Ltd County Court Business Centre Claim

[ostell]

So you post up on an image hosting site, such as imgur, and add a link to your photo on here.

[charitynjw]

It doesn't let me post them properly on here and they're very unclear. Is there an email add I can send them to for you to see?

You could use a hosting site such as imgur & link it to this thread.

[Lyat]

Hold the phone, I just got a copy of the CEL defence from CEL directly with an offer to discontinue if I am willing to drop my own claim. Have a look at their defence. I have to say I am actually offended that they referred to my claim for loss of my husband's earnings and me winding up in the hospital was merely me losing some of my "leisure time" ?! I'm trying to attach the letter and defence and some evidence sheet they also attached. Should I negotiate with them in writing as I want to be compensated for what they did to me which was not just a petty complaint of loss of "me-time"? What would you suggest?

[Lyat]

The attachments...

[charitynjw]

In their defence to the counterclaim, imho they have either completely misunderstood the counterclaim, or they are trying to pull the wool over the court's eyes.
They seem to be blathering on about how one can't sue someone for bringing a court claim.
But your counterclaim is for harassment, & discrim via EqA.......that's a completely different matter.
My gut feeling is that they are running scared.....probably because they realise what a complete c*ckup they've made.
Obviously the decision whether to accept a 'drop-hands' must be yours to accept or refuse.
But (again, imho) I cannot see how a court would see any unreasonable behaviour on your part should you choose to reject their *generous* offer.

[Lyat]

See I agree, I was very surprised by their attitude and strange defence.
I want to respond by agreeing to maybe a lower settlement perhaps as I asked for the £300 max allowed in the counterclaim but I'm not sure what the £19 per hour thing they're referring to is? Or how to approach it? Is there a template for this type of thing or should I write a first draft and then maybe put it up for critique?

[ostell]

£19 ph is perhaps the limit imposed on time claimed by litigants in person? But are you claiming for tiem?

[charitynjw]

£19/hr is the going rate for the time a litigant-in-person could get for time spent in conducting/researching etc a court case.
There are other possible expenses that could be claimed.

[Lyat]

No I'm not claiming for time, I claimed for loss of earnings plus emotional and physical distress due to their harassments. I also don't believe a duty of care is actually required for them to be in breach of the EqAct. They are simply breaking the law of they act in a manner that discriminates against a qualifying class especially if they know they're doing it surely?

[charitynjw]

No I'm not claiming for time, I claimed for loss of earnings plus emotional and physical distress due to their harassments.
Why not both?
I also don't believe a duty of care is actually required for them to be in breach of the EqAct. They are simply breaking the law of they act in a manner that discriminates against a qualifying class especially if they know they're doing it surely?
Tbh, that is for the judge to decide.

####

[Lyat]

How about this as a response?


I refer to your letter dated 28/05/2019 containing a copy of your defence to the above counterclaim and your offer to discontinue your original claim should the counterclaim be dropped.

I would like to remind you that my claim is for Harassment under the Protection from Harassment Act 1997 and Discrimination under the Equality Act 2010. It seems from your documents that you have either entirely misunderstood the Particulars of Claim or are attempting to misdirect or subvert both me and the court. In this regard, It is in our best interests to make sure you are clear before a hearing date is set to remove any doubt as to what you are being sued for.

Your defence appears to have completely disregarded the claimant’s clear statement of facts pertaining to loss of earnings and physical distress leading to hospitalisation brought about by said harassment and discrimination over a period of time with full and due notice given of such consequences and not merely the “using up some of her leisure time” or the suggestion that damages are simply being sought for your bringing of a claim. IT is also clear from the case you state in your defence that the claim for costs should have been made in the claimant's original claim, which has been done in this case.

The defence submitted lists a number of inaccuracies, all of which will be brought to attention when evidence is submitted for the hearing. I would also like to call to your attention that when no contravention had occurred due to the impossibility of the PCN you had falsely insinuated a charge existed you unlawfully obtained and misused the personal data of the motorist in violation of the Data Protection Act 1998. It is also a possible breach of data protection laws and current GDPR regulations to have enclosed the details pertaining to the case of Mr A**** S*** without any clear consent.

As per my previous communications, I would much rather have the matter settled out of court as it would be an utter waste of their resources and only prolong unnecessary distress. As a show of goodwill, I will agree to accept £275 which does not include the court fee, with written discontinuation of your claim and a copy sent to the court. If you agree to these terms, I would agree to desist with my counterclaim. As with all my previous communications, this offer to settle will also be added to my evidence and presented at the hearing should you wish to continue.

Please respond in writing by your original date of 12/ 06/ 2019 by 4pm in order to resolve the matter as soon as possible.

Yours Faithfully

[charitynjw]

It is also a possible breach of data protection laws and current GDPR regulations to have enclosed the details pertaining to the case of Mr A**** S*** without any clear consent.

Scrub this bit.
Court cases & decisions are a matter of pblic record & so there cannot be any data breach there.
Imho, as there has been no real mention of any potential data breach up until now, if it were me I wouln't bother mentioning it at all.
How about

Your defence submitted to the counterclaim lists a number of inaccuracies, all of which will be brought to attention when evidence is submitted for the hearing. I would also like to call to your attention that when no contravention had occurred due to the impossibility of the PCN you had falsely insinuated a charge existed you unlawfully obtained and misused the personal data of the motorist in violation of the Data Protection Act 2018/GDPR.
Your recent letter requesting a drop-hands agreement suggests that, in this very late stage of the proceedings, you have finally realised that your actions to date have been deplorable.
From the very beginning of this sorry affair it was pointed out to yourselves that it was due to your own failures (in particular the impossibility of being allowed to pay at the time of the alleged incident) that this matter has now reached the latter stages of a county court claim.
As a result of your intransigent position, & despite every effort on the Defendant's part to reasonably pay the original fee for parking, you have instead insisted on an ever increasing demand for what any reasonable byestander would see as some type of penalty payment which has had serious consequences to the health of the Defendant.
Please note that the counter offer made does not include costs due to your unreasonable behaviour in this matter.
Should this go to a court hearing, these costs will be sought in addition to the counterclaim.

[charitynjw]

& give them a deadline for a response.

EDIT
Lol.....you already have done!

[Lyat]

Okay, I've amended it to add those bits above. How's this for a final draft? I want to get it out in the post today. I don't see them agreeing to my "demand" lol but I suppose they've taken it this far so...

I refer to your letter dated 28/05/2019 containing a copy of your defence to the above counterclaim and your offer to discontinue your original claim should the counterclaim be dropped.

Your letter requesting a drop-hands agreement suggests that, in this very late stage of the proceedings, you have finally realised that your actions to date have been deplorable. From the very beginning of this sorry affair it was pointed out to yourselves that it was due to your own failures (in particular the impossibility of being allowed to pay at the time of the alleged incident) that this matter has now reached the latter stages of a county court claim.

As a result of your intransigent position and despite every effort on the Defendant's part to reasonably pay the original fee for parking, you have instead insisted on an ever increasing demand for what any reasonable bystander would see as some type of penalty payment which has had serious consequences to the health of the Defendant. I would like to remind you that my claim is for Harassment under the Protection from Harassment Act 1997 and Discrimination under the Equality Act 2010. It seems from your documents that you have either entirely misunderstood the Particulars of Claim or are attempting to misdirect or subvert both me and the court. In this regard, it is in our best interests to make sure you are clear before a hearing date is set to remove any doubt as to what you are being sued for.

Your defence submitted to the counterclaim lists a number of inaccuracies, all of which will be brought to attention when evidence is submitted for the hearing. I would also like to call to your attention that when no contravention had occurred due to the impossibility of the PCN you had falsely insinuated a charge existed you unlawfully obtained and misused the personal data of the motorist in violation of the Data Protection Act 2018/GDPR.

As per my previous communications, I would much rather have the matter settled out of court as it would be an utter waste of their resources and only prolong unnecessary distress. As a show of goodwill, I will agree to accept £275 which does not include the court fee, with written discontinuation of your claim and a copy sent to the court. If you agree to these terms, I would agree to desist with my counterclaim. As with all my previous communications, this offer to settle will also be added to my evidence and presented at the hearing should you wish to continue. Please note that the counter offer made does not include costs due to your unreasonable behaviour in this matter. Should this go to a court hearing, these costs will be sought in addition to the counterclaim.

Please respond in writing by your original date of 12/ 06/ 2019 by 4pm in order to resolve the matter as soon as possible.

[charitynjw]

Looks good to me.
Keep a copy & get proof of sending.