Claim form for CCJ - Civil Enforcement Ltd

[rdg2020]

Hello all

Hope everyone is well - just wanted some thoughts re my situation.

Parked in a car park went to restaurant in sep 2019

i received a parking charge notice from civil enforcement limited. Clearly shows my car with reg number entering and exiting . Total time was just over an hour

I responded saying I was at the restaurant, I told them my reg plate and they must not have entered it. So I have admitted being the driver (

They replied saying it was too late - I must have missed or not got the original letter.

Ignored all subsequent letters threatening courts action - just sent them back in post

Now received a claim form for Northampton court

Total £190 for their costs
25 court fee
50 legal rep costs

Been asked to admit and pay or defend and counterclaim

Don't know what to do. We are looking to buy a house in the next 6 months and don't want to have a ccj on my name.

I don't have the copies of the letters I sent as I lost my hard drive so I don't have the dates of when i sent them.

Is it easier to just pay and get it done with esp as I admitted being the driver and also not having copies of the letter I sent them

Any advice welcome - it is very stressful.

thank you

[ostell]

You will not get a CCJ against you unless you lose in court AND you do not pay within a month.

So your defence is that you complied with the conditions but a failure didn't record it.
The amount is an attempt at double recovery, and an abuse of process and ask the court to reject the claim. Did any of the paperwork claim for initial legal costs?

[rdg2020]

Thank you for the reply

No - the parking charge only stated amount due was £100 or £60 if paid within 14 days.

how detailed does my response to the court have to be? which template would you recommend

is it also worth asking my friend to also write a letter - we went to the restaurant together and she is happy to put in writing that i followed the process and be witness if needed

thanks

[ostell]

Have you been back to the restaurant and asked them to cancel?

[rdg2020]

i have and am planning on going again to try and convince them, they haven't been the most helpful unfortunately. i have also emailed them yesterday but not hopeful for a reply.

[ostell]

If you get no response from the restaurant sometimes a mention on social media helps

[rdg2020]

thanks for the tip, but there have been others on social media who have done that without success!

[rdg2020]

Hi Ostell

i am going to acknowledge to the court that i intend to defend this -

would you recommend i contact CEL too? if so what do i say?

i have attached the particulars of claim

[ostell]

At this stage you just contact the court to acknowledge.

[rdg2020]

Thanks, sorry if i am asking stupid questions i have never been through such before! i think i have confused myself by reading through much of these forums and i need to take a step back and remember that every situation is different. thanks in advance for your patience


so i acknowledge, they will confirm, i then present my defence i guess

what i dont want to do is to not contact CE and lose time!

[ostell]

You don't have to contact CEL except to send copies of documents that you send to the court. This starts with the Directions Questionnaire. To the address for communication on the form. If nothing there then to CEL themselves.

[rdg2020]

Have you been back to the restaurant and asked them to cancel?

Hi

I have spoken to the restaurant again today, they were very apologetic and said they had temp staff who should have looked into this for me when i raised it earlier (last year) but didnt.

They have taken my number and said the manager will call, hopefully they will agree to cancel it. Should i also get them to send me an email copying CE in to that effect to? in case CE decide it is now to late i can use as evidence in my defence - if so (and if they agree) what should i ask them to include in said email?

[ostell]

Yes, get all the paperwork you can

[rdg2020]

Hi i have spoken to the person at the shop, he said he is not able to get it cancelled as it is too late. i am going to see if i can get him to email them too. i have got a receipt for when i ate there too

[rdg2020]

HI

hope everyone is well and had a good holiday

I have now prepared my defence and will upload this later

I wanted to know what the process was - do i just put it on the MCOL website?

it requires me to state my defence in a maximum of 122 lines in the box below

whilst my defence is approximately 60 lines I have a number of attachments to include (receipt at restaurant, emails to CE, photo of sign etc) where do i put these?

any advice welcome as i would like to upload today!

THank you