Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

[mystery1]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

I'll be having a look at these at the weekend.

M1

[mystery1]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

Intending to sort defences out this weekend.


The schedule of information, is it in any way accurate/inaccurate ?


M1

[johnyb121]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

Hi,

The site details state - Car park at brighton road (nr victoria road) coulsdon CR5 2NH

This site was a derelict piece of land facing the high street, there was no facility to pay cash for parking. There was no indication of who the land belonged to and it looked like a random setup.

I do not recall receiving any penalty notice for this fine.

It would be interesting to see the agreement between civil enforcement limited and the land owner as this land now has a Aldi store.

I researched the car park online and also came across this from another site which another user uploaded, these are not my photos but are of the same car park. The picture I have uploaded of the parking enforcement notice is not mine they also uploaded this the date on there fine was 3months prior to mine so im guessing the conditions would still be the same?

http://postimg.org/image/5cguaqw9v/

http://postimg.org/image/j1cx0vzr3/

http://postimg.org/image/8q6g2v4ad/

Thank you for your help

[mystery1]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

johnyb121defence.odt

It's up to you if number 12 should be left in. It's one thing to put them to proof but another to deny being driver which should only be done if true.

Edit the date etc

M1

[johnyb121]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

Thank you so much for sending my defence across.

I don't mean to sound stupid but can I send on exactly what you have sent to me obviously filling out my details? number 12 will be left in as we can not figure out who was driving.

Thank you

[mystery1]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

The plan is it shouldn't need changed but you're signing a statement of truth so best double check

M1

[johnyb121]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

You are a star

Thank you yet again

[johnyb121]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

Hi, I just wanted to give an update on this I called money claim today and they have told me that the claimant never responded to your defence within the 28days there for the case has been stayed which i'm guessing means we have won :taunt: I am assuming there will be no judgement against me on my credit file.

Thank you very much for your help I really appreciate it.

[mystery1]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

Hi, I just wanted to give an update on this I called money claim today and they have told me that the claimant never responded to your defence within the 28days there for the case has been stayed which i'm guessing means we have won :taunt: I am assuming there will be no judgement against me on my credit file.

Thank you very much for your help I really appreciate it.

Sadly you are incorrect. A stay means that the claim is on hold.

The good news however is that to lift a stay should require an application which would cost either £100 without a hearing or £255 with a hearing, which for the sums claimed would be utter nonsense since they would have to bear all costs as the party responsible. (unless there is an admin cock up by the court)

I would wait 3/4 weeks to see if they or the court contact you and if they don't write a little email to the court to see if they'll boot the claim out.

M1

[nemesis45]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

Hi, I just wanted to give an update on this I called money claim today and they have told me that the claimant never responded to your defence within the 28days there for the case has been stayed which i'm guessing means we have won :taunt: I am assuming there will be no judgement against me on my credit file.

Thank you very much for your help I really appreciate it.

Not quite a win Johny, the claimant can pay a fee to lift the stay and continue the claim at anytime e.g. if get anything that they believe the court will accept as proof of their claim.

Options:

1. Leave the claim as stayed and hope they don't

2. Invite the claimant to discontinue the claim at their cost.

3. Make application to the court to have the claim struck out (fee payable) and attempt to get the costs of the application from the claimant.

You are correct no CCJ at this point in time.

nem