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Civil Enforcement Ltd County Court Business Centre Claim

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  • Lyat
    started a topic Civil Enforcement Ltd County Court Business Centre Claim

    Civil Enforcement Ltd County Court Business Centre Claim

    Hi everybody,

    I received a county court business centre claim letter yesterday for a "parking notice" which I have contested from day one and I'll explain why.

    I usually use the train station's own parking when I go into London but last year there was work being done so it was full and I was getting late so this was the first time I used a PhoneandPay car park which was supposed to be £2.50 for a day. I downloaded the app and it all went wrong from there. It crashed every time and I kept sending through the crash report. I took screenshots of the app crashing. I called the number they had listed and no answer so I left a message telling them where I'm parked and that I'm trying to pay and to call me back. At one point it asked for my card details for payment and I entered them thinking finally they're in. When I didn't get any clear acknowledgement or confirmation receipt of payment I kept trying to access the app to no avail so I emailed them in the early evening trying to pay!

    They called me the next day in the early evening saying their systems don't take back payments so they will offer me a "late payment charge" of £20 or I may OR MAY NOT receive a penalty. I refused point blank as they had no right to change their terms for their service and I was not going to pay for something that wasn't my fault.

    That was the original issue. Since then there have been so many other things that the entire case is convoluted at this point with so many other back and forths I am sick of the entire thing!
    In short:
    1) They sent a notice over 6 weeks later at least which I don't have anymore but my original appeal was just a scrawled out letter I stuck in the postbox with a regular stamp referring them to the company phone calls and email. Have a sister and friend who can attest to this but no post office receipt (which months down the line they came back to requesting)

    2) I had letters from 2 different debt collectors months later and ignored them as I figured they must be a mistake.

    3) I got a QDR solicitor letter to which I then responded again to all 3 and called the PhoneandPay people again who all came back with different things. PandP said appeal again through Civil Enforcement website which I did, referring to all the past stuff with attached screenshots etc and referenced by sickness. They responded very quickly saying its way after appeal date so we're no longer dealing with it get lost. QDR sent me a letter saying they haven't heard from me which this time I kept as this is what I thought happened the first time. They then emailed separately at a later date saying they need proof of original appeal or I have to pay this trumped-up charge which I refused and told them about the triggering of my condition with this nonsense. I'd like to point out that they also claim to have sent out the original penalty notice within a week which was a complete and utter lie. And the 3rd company I just never heard from.

    4) QDR gave up and all of a sudden Civil Enforcement decided they are now dealing with it again and demanded payment. I responded with a detailed letter using a template I found on here looking at the contract and mentioned the issues with their own signage too and that I am keeping all this and they know it will be used in any court proceeding should they insist on wasting the judges time. They came back with we can't give you the name of our clients due to data protection (the client I apparently entered a contract with). They addressed nothing at all from the 5-page letter I sent.

    5) I had started developing symptoms over the past 5 months, ended up having a full-blown relapse and now receive the court notice.

    I don't even know where to start with this, I am livid at the audacity of these hustlers and refuse to capitulate as I know I went above and beyond to pay the stupid £2.50 and they have known it since the beginning. I want to defend this but I am not sure how I am supposed to send the acknowledgement properly to give me the 28 day period etc and how I am to work out what counter-claim I should pursue in terms of the harassment and distress physical and emotional.

    Do I have a case?

    X
    Last edited by Lyat; 18th April 2019, 22:10:PM.
    Tags: charges, court

  • charitynjw
    replied
    Well done for sticking to your guns.
    Imho you had them pinned against the ropes, & they knew it.
    But as Amethyst rightly says, you health is more important than a p*xy parking dispute, so I reckon discontinue your counterclaim (as long as you're sure they have also discontinued.)
    & I reckon you can chalk this one up as a victory......'cos they backed down first!

    Leave a comment:


  • Amethyst
    replied
    Same way as for the original claim - file and serve a notice of discontinuance - https://www.gov.uk/government/public...discontinuance

    You're right to check they have done theirs properly first though

    Leave a comment:


  • Lyat
    replied
    Originally posted by Amethyst View Post
    Good plan see what they come back with. lol... crossed posts.... excellent - are they sending the notice of discontinuance ? I know not going ahead with the counterclaim will be a little disappointing but your health and well-being is far more important and for the suns involved it probably isn't worth the amount of effort involved in going through the whole process x
    I couldn't agree more Amethyst and thank you. They sent me a pdf doc which hadn't ticked or copied the court into so i went back to them asking them to copy in the court and ticking the correct boxes with written copies sent to me and the court too. They agreed (although she said they have ticked the boxes it just isn't showing up on the screen...)

    Anyway, they cc'd Horsham Court and according to them have posted them a copy too. The hearing directions said docs should be sent to Brighton court as they are dealing with the admin so i forwarded their corrected email to me (in which they had cc'd Horsham) and will just forward them a copy of whatever I receive from them in the post too if I can't get a confirmation from the court on Monday. (Though their automatic response was also clear they wont deal with any emails that aren't about hearings within the next 3 days and instructs you to redirect your email to brighton so that's what CEL ought to have done.)

    I am not sure how I am suposed to discontinue my counterclaim but I will call the court to find out on Monday.

    I never cared about the money, I still don't. I was just far more disgusted in their behaviour and conduct and cannot believe these cowboys get away with this sort of thing! for anybody who does have a health issue that these companies are exascerbating I suggest you FULLY cover your back and make sure you have support. These companies do not care.

    XXX

    Leave a comment:


  • Amethyst
    replied
    Good plan see what they come back with. lol... crossed posts.... excellent - are they sending the notice of discontinuance ? I know not going ahead with the counterclaim will be a little disappointing but your health and well-being is far more important and for the suns involved it probably isn't worth the amount of effort involved in going through the whole process x

    Leave a comment:


  • Lyat
    replied
    They just called to tell me they'll drop it!! They're discounting so they knew they were in trouble. But it's over now and I can finally breathe.

    Leave a comment:


  • Lyat
    replied
    I've emailed them so say I'll drop my counter claim if they put discontinuance back on the table. I told them I'm confident in my case but I'm really not well and don't have the energy for this. If they are willing to drop it I'll drop mine too. Let's see what they come back with but I can't say I've been confident in their responses at any point so far!

    Leave a comment:


  • Lyat
    replied
    I've just seen a copy of my letter sent to them pinned to the bundle! They received it on the 5th and I guess this is their response. Looks like we're going to court...

    Leave a comment:


  • Amethyst
    replied
    You declined their offer ( in making a counter offer - the £275 and discontinuance ) so they are simply proceeding with the case, and countering your last offer with a new offer of you paying £100 in F&F ( and dropping the counterclaim one assumes although they don't mention that).

    Entirely up to you, if you want to proceed through court, going through the prelim hearing, getting directions, filing & serving your witness statement/evidence, and the hearing of both their claim and your counterclaim ( should be heard together but depends what happens at the prelim), or if you want to drop your counterclaim, pay them £100 and walk away.

    charitynjw

    Leave a comment:


  • Lyat
    replied
    wow, so I just received what I think is CEL's bundle? I am very confused because not only did they send me their witness statement with evidence etc, but they also sent me a copy of the exact same bundle. Should I have an original and a copy?

    I am also confused as they offered to discontinue and gave me until the 12th to respond, but are now saying I have the next 7 days to pay this new "reduced rate" of £100. Which is it? I still have no confirmation they received my previous letter but I now know there was a backlog due to the bank holiday so mail is only getting places now- still they have not even mentioned their last offer. I am not sure what I am supposed to do now..
    Attached Files

    Leave a comment:


  • ostell
    replied
    The signed for service is Terrible. The last few times I've used it had the same result as you, though I did know it had been delivered. Get your mo ey back from Royal Mail.

    I just use the free Certificate of Posting

    Leave a comment:


  • Lyat
    replied
    So I called the court today as I was a little unsure why is said I can get the bundle in by no later than 2 working days before the hearing as I was under the impression it was supposed to be 14 days. But the lady told me it was just a preliminary hearing so usually, they don't require evidence for that? I have attached the pages of the letter so you can see what I mean (p3). I am very confused- do I send in evidence or not?? And What on earth am I supposed to do at a preliminary hearing? Is this ever going to end

    Also, to make matters worse, the 1st Class signed for letter I sent has not been updated on the royal mail website so I have no idea at all if they have received it but my gut feeling is that they haven't because it would have been scanned to say it had been delivered. Royal mail cannot check its exact whereabouts only tell me when it's been signed for. I am not sure what on earth to do now as it just seems so much more trouble than it's worth!!
    Attached Files

    Leave a comment:


  • charitynjw
    replied
    Usually the court will direct you as to submitting evidence.
    https://www.justice.gov.uk/courts/pr...rt27/pd_part27
    Appendix B - Standard Directions.

    Leave a comment:


  • Lyat
    replied
    So, I'm wondering if there is any format to collating and summiting the evidence ahead of the hearing to court? I believe they call it a bundle but what does it look like and is there a particular order or certain necessary contents required for this?

    Leave a comment:


  • Lyat
    replied
    Please respond in writing by 10thJune 2019 by 4 pm as your original date of 12/ 06/ 2019 would delay the matter further as the hearing date has now been set for 1stJuly 2019 and evidence will be submitted as per the court's deadline.

    I added that bit on the end. Going to print now and send...wish me luck!

    Leave a comment:

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