Civil Enforcement - Claim Form Received

[OliverJames]

Good morning Beagles,

I was hoping to get some advice on my response to the claim form for a case that Civil Enforcement have brought on.

Claim is for £264.26 for a case dating back to June 2019 for a parking ticket that was apparently an ANPR incident between 5am and 6pm. I have proof via Google Maps that I never visited the car park on that day (but not sure that will help much!)

I sent a letter to CEL on the 12th Nov 2020 asking for full disclosure but they neither signed for or accepted my letter. I have proof of postage but no signature. How do I approach this I my defense claim? What am i ACTUALLY entitled to, and what are they doing by not sending me what I have requested within the 7 day period?

I no longer live in the same part of the country so there is no way of me getting to the location to look at any signage so i have no means to take any photographs, but will this make a difference? I would be more than happy to see them in court, but i would rather nip it in the bud before there's any need for that!

Any help or advice would be very welcome!!

Thank you

OJ

[MIKE770]

ostell

[ostell]

You've found out that "signed For" doesn't work.

Post up the original PCN you received, suitably redacted but leave dates,

SAR to CEL using the format in the Shortcuts panel on this page.

Letter to the solicitors demanding all the documents that they intend to use in court in order to narrow the issues between you, as expected by the courts. As they must have the document to raise the claim you expect them by return or in any case within 7 days.

Send each first class with free certificate of posting from a post office.

Have you acknowledged the claim?

[OliverJames]

You've found out that "signed For" doesn't work.

Post up the original PCN you received, suitably redacted but leave dates,

SAR to CEL using the format in the Shortcuts panel on this page.

Letter to the solicitors demanding all the documents that they intend to use in court in order to narrow the issues between you, as expected by the courts. As they must have the document to raise the claim you expect them by return or in any case within 7 days.

Send each first class with free certificate of posting from a post office.

Have you acknowledged the claim?

Thanks ostell

I don't have the original PCN as I genuinely never received one! We moved house very shortly after the alleged offence and although we received most of the redirected mail, not everything came to us.

I received the Claim Form on the same day that I acknowledged it (12th Nov) and on the same day I sent this letter to CEL via signed for delivery. Should i resend it with another postage receipt?

Thanks for your help, Ostell

OJ

[OliverJames]

Hi ostell i appreciate that you may not have time, but if you get a chance I would really welcome your insights on the above. Keen not to fall out of the window of opportunity and end up with a CCJ.

Thank you!

OJ

[ostell]

As long as you follow the court timetable then if it gets to a hearing you only get a CCJ IF you lose and IF you don't pay within a month.

Have you followed the steps in post #3?

[OliverJames]

As long as you follow the court timetable then if it gets to a hearing you only get a CCJ IF you lose and IF you don't pay within a month.

Have you followed the steps in post #3?

Thanks, ostell I acknowledged the claim on the 12th so I believe I now have 28 days to defend myself.

1 - With the PCN, I don't have it and genuinely never received it, so can't post it up here.
2- SAR I believe is the letter I attached, is that sufficient? I sent it signed for, which as you alluded to doesn't appear to work, so tomorrow i will re-post it without the signed for element and just keep the proof of postage.
3 - yes, as above, I acknowledged on the 12th.

I have started drafting my defence statement, but without their information, I'm pretty stuck as to what to write! I do have my google maps evidence that shows I wasn't at the car park, but nothing else at the moment.

Appreciate you giving up your time for this!

Ollie

[ostell]

And the letter to the solicitor?

[OliverJames]

And the letter to the solicitor?

ostell I have no idea who their solicitor is? Looking through all the paperwork in the Claim Form it doest mention their solicitor.

Having carried out a quick google search I see that they use QDRS Solicitors. It would be somewhat speculative but happy to try them as the first port of call?

[ostell]

The solicitors name should be on the claim form, unless they are handling themselves. In which case you send that letter to them as well as the SAR

[OliverJames]

The solicitors name should be on the claim form, unless they are handling themselves. In which case you send that letter to them as well as the SAR

ostell re-read everything and it only mentions them and their address, so I have now done 2 letters that will go over to them recorded delivery today.

My original letter requesting disclosure, and a separate SAR.

If they fail to respond to either letter, is it a case of just building the defence around the fact it wasn't there, which I can prove, along with following the example defence template?

I have little faith in their desire to play by the book, having read through a number of other threads on here!

OJ

[OliverJames]

Hi ostell i have now waited with no response. What is the best thing for me to include in my defence statement in relation to the fact that they have not replied to my request for disclosure?

I really appreciate your time and support!

OJ

[ostell]

Yes, point out to the court that you have requested documents form the claimant but nothing is forthcoming.

You have previously received nothing about this so you cannot make a defence

You ask the court to order the claimant to produce the documents so that a proper defence can be prepared, at the cost of the claimant

Other wise the claim should be rejected.

[OliverJames]

Thanks again, ostell do i send this as a letter to the court, or file it as my official defence statement?

I am asking because i am not sure what format something like that should be in. I have the official defence statement template from above, but what you have suggested sounds more "informal"

Thank you

[ostell]

No you send the defence in and include those statements within it. Basically how can you defend something you know nothing about.