Help ...Civil Enforcement Ltd . County Court Business Centre

[Pipsy]

Hi I am new to this forum and I have heard excellent reviews so I thought I would join .. I had Parking fine from Civil Enforcement Ltd Ive not got any paperwork and had this through my door today, I've read through and have logged onto the gateway at www.moneyclaim.gov.uk and had filled my admission form in so that I have the 14 days to defend against this penalty charge what do I do next do I wait for them or do I carry on and send a template to defend against the claim... Please Help

[ostell]

Re: Help ...Civil Enforcement Ltd . County Court Business Centre

So you have acknowledged the claim. Did you leave the defence section blank? I hope so ! Acknowledging the claim gives you 33 days from the date of issue to prepare a defence and submit it to the court.

Please post up a copy of the claim form with identifying details removed. How about details of this parking transgression? Have you, the registered keeper, previously received a notice to keeper or any other paperwork ? Is the V5 document for the car showing the correct address? Has the driver at any time been identified? Simple yes or no please. Do you live in Scotland or Northern Ireland? Never identify the driver.

This is not a fine or penalty charge, it was a speculative invoice.

Sorry for the questions.

[Pipsy]

Re: Help ...Civil Enforcement Ltd . County Court Business Centre

Hi thank you for replying.....I did leave the defence blank....I received 2 letters then I've not had any more ,so I thought that was the end of that..it's been a year since the first letter.. yes it shows the correct address.. no the driver has not been identified. I live in England please attached

[Pipsy]

Re: Help ...Civil Enforcement Ltd . County Court Business Centre

Also this was the sign in the car park....

[ostell]

Re: Help ...Civil Enforcement Ltd . County Court Business Centre

There's not a lot you can do as you have no particulars of claim, as usual from CEL.

Search for CEL defences on the pepipoo forum, there are quite a few and pick one that resembles your case. Pick only recent cases.

The amount can be challenged. Under POFA you, as the keeper, are only liable for the cost of the initial PCN, £100, plus court cost and solicitors fee (£50) which reduces this somewhat, Start preparing now so that it's not a rush when their Particulars of Claim arrive.

[Pipsy]

Re: Help ...Civil Enforcement Ltd . County Court Business Centre

So do i wait for them to send the particulars of claim or their defence ......then send my defence ....what would happen if i was to pay £100? ..... ...the sign said I would agree to the pay the above.... but i havent signed any agreement....does that make any difference thanks

[ostell]

Re: Help ...Civil Enforcement Ltd . County Court Business Centre

You have to submit your defence so that it arrives in court before day 33 from the date of issue so plenty of time. you cannot really send in a defence now as you do not know exactly what you are defending against (but you have a good idea). If the PoC doesn't arrive in the 14 days then you will be mentioning that in your defence. It is believed that CEL do it this way in the hope that defendants don't acknowledge within the required time and so they can then get a win by default.

It is taken that the driver agreed to a contract when they read the sign. No signature needed. Case law supports this.

You could write to CEL and ask that they provide copies of the documents they are relying on for the claim so that you have information about the matter to enable possible solution before the hearing. They probably won't reply but you can add to your witness statement the fact that they didn't response to your request to simplify matters before the hearing.

If they don't provide PoC your defence will ask for the claim to be struck out.

You could ask them, writing as the registered keeper, if they would be willing to accept the original charge without admitting any liability. If you do want to do this then the letter should be headed "Without Prejudice" so that it can not be used in court.

CEL frequently do not take the case forward when they are presented with a reasonable defence. It costs them more in taking the claim to court than what they can recover, hence the increase in the alleged charges owed.

Before you send anything, either to the court or CEL, post it on here first for critique.

[Pipsy]

Re: Help ...Civil Enforcement Ltd . County Court Business Centre

We didnt see the signs or read them ... I went back to the car park yesterday and took thst photo but where we were parked up thst sign wasn't on the wall that we were facing .....but there is that sign in the exit and 2 signs on the back wall ..... we would have only been 15 minutes over .... thank you

[ostell]

Re: Help ...Civil Enforcement Ltd . County Court Business Centre

Give a link to the Google Street View of the location so that we can have a look.

[Pipsy]

Re: Help ...Civil Enforcement Ltd . County Court Business Centre

It's the car park on the same side as the garage and by the recycling bins .thanksk

[ostell]

Re: Help ...Civil Enforcement Ltd . County Court Business Centre

Was was behind that sign? It is perfectly possible to park in that car park and see no conditions.

[Pipsy]

Re: Help ...Civil Enforcement Ltd . County Court Business Centre

We didn't as we were facing the cream house wall and the signs behind were not high enough if a car or van was there....so shall i wait for their particulars of claim

[Pipsy]

Re: Help ...Civil Enforcement Ltd . County Court Business Centre

Hi would CEL write their particulars of claims by post.... or would it be submitted on the court online website

[Pipsy]

Re: Help ...Civil Enforcement Ltd . County Court Business Centre

also do i write to CEL for particulars of claim by registered post or through MCOL..... Thankyou in advance Pipsy

[charitynjw]

Re: Help ...Civil Enforcement Ltd . County Court Business Centre

Hi pipsy

Don't ask for the separate PoC, that is their (CEL) duty to send it within 19 days of the claim issue date (14 days + 5 days allowed for service (delivery) of claim. You shouldn't have to ask for it.
They should also file a certificate of service at court within 14 days of (deemed) service.
Another CEL thread is at about the same stage as yours
http://legalbeagles.info/forums/show...198#post760198
so you can see a fuller explanation (& an idea of a suitable defence) there.