Re: Civil Enforcement Ltd CCJ County Court - won

[Littlegem]

Re: Civil Enforcement Ltd CCJ County Court

Hi M1
Hope all is good with you?
I've had a response from CEL - It's 16 pages long - I need some help responding please.... shall I post them up?
Thanks

[Kati]

Re: Civil Enforcement Ltd CCJ County Court

've had a response from CEL - It's 16 pages long - I need some help responding please.... shall I post them up?
Thanks

It would be good if you can xx

[mystery1]

Re: Civil Enforcement Ltd CCJ County Court

Yes please although any case law transcripts you don't need to bother.

M1

[Littlegem]

Re: Civil Enforcement Ltd CCJ County Court

OK great and thanks

[mystery1]

Re: Civil Enforcement Ltd CCJ County Court

I unapproved your post as you paper is see through.

The Tennis (tv) , cycling (pc) and cicket (tablet) are on so i might be quite a while before i respond.

M1

[Littlegem]

Re: Civil Enforcement Ltd CCJ County Court

LOL - Enjoy!!!

- - - Updated - - -

Very glad of any help

[BorderRiever]

Re: Civil Enforcement Ltd CCJ County Court

Name of Court: COUNTY COURT AT GUILFORD

Claim No: A00YPxxx
Claimant: CIVIL ENFORCEMENT LTD
Defendant: xxxxxx

1.In June 2011, I parked in the CoOp car park in Newport. I do remember parking there as it was the first holiday with my new-born son, and remember clearly (even though the event was 4 years ago) that the payment machine for parking the car park was faulty and registered a £0.00 payment amount.

2.At the time I could not locate a parking attendant in the car park and the contact telephone number listed rang through to an answering phone message.

3.Other people were also unable to pay for their parking at the same time as I, due to the faulty machine

4.On my return from holiday I received a parking fine, in the post from Civil Enforcement Ltd, which I promptly appealed in writing, explaining the fault with the machine.


5.Following my written appeal to Civil Enforcement Ltd I heard nothing further from them and understood the matter to be closed.

6.As the parking incident and the appeal occurred in 2011, I have not kept any copies of the correspondence with Civil Enforcement Ltd regarding this matter.


7.I only learned about the County Court Claim dated September 2014, from Civil Enforcement Ltd, in March 2015 when I obtained my Credit file from Experian as I am applying for a mortgage.

8.I was most distressed to realise that a County Court Claim had been made against me in September 2014 – at an address I had not lived at for 4 years, relating to this parking fine.


9.During a telephone conversation with Civil Enforcement Ltd in April 2015 they acknowledged they had received my appeals letter.

10.I asked Civil Enforcement Ltd both verbally on the telephone and in writing to send me a copy of my appeals letter which they have not done.

11.I have researched Civil Enforcement Ltd as a company and discovered two articles from the Ilse of Wight press. The articles discuss and describe how other people have also incorrectly received parking tickets from Civil Enforcement Ltd, after parking in the same CoOp car park in Newport on the Isle of Wight ( please see exhibit xx - Article from Isle of Wight News - Thursday January 12th 2012

12.The following is taken from the article in the Ilse of Wight County Press Friday January 13th 2012 ( please see Exhibit xxx)
“Island drivers contacted the County Press after receiving fines from Civil Enforcement Ltd, (CIVIL ENFORCEMENT LTD), which manages the multi-storey car park on Pyle Street, Newport, on behalf of the Co-op.

They claim the fines were issued unfairly because the ticket machine was faulty.

Alun Marks, of Creative Car Parks, of which CIVIL ENFORCEMENT LTD is part, said the company had cancelled the tickets after motorists appealed to them directly.

Motorists with tickets they wished to dispute should follow the appeals procedure stated on the ticket, he added.

The Co-op said it was aware there had been problems with parking machines and it was working with customers and the contractor to ensure fair enforcement of parking regulations.”

13.I contacted Mark Armstrong, an Isle of Wight resident, who received a parking fine from Civil Enforcement Ltd after parking in the same CoOp car park, and was unable to pay due to the faulty parking machines.
He has written a letter (please see exhibitxx) which explains what, happened, and that Civil Enforcement agreed the tickets were issued unfairly.

14.As the parking machine was faulty, and my best endeavours were made at the time to pay for the parking, I believe the fine is unfair.

Co-op dispensed with CEL from Whitby store car park in September 2013 after many complaints, faulty machines and CEL no longer work for Co-op. Here is the latest statement from Chris Jones at Co-op legal department in answer to my request to be told if Co-op warned CEL of problems with, amongst other things, their ticket machines (which I regularly noticed to be out of order): "In response to your enquiry, there were a number of operational issues which arose when CEL were managing the Whitby Car Park, and these were brought to CEL’s attention by Co-op."

My "Open Letter to Patrick Troy" (and his reply) on my blog at www.thequestionis.me.uk might be interesting.

[mystery1]

Re: Civil Enforcement Ltd CCJ County Court

Did you deny having that vehicle as they claim ? They certainly don't appear to have evidence to back up that claim as your appeal doesn't mention it. Funnily enough the reply to defence doesn't say who made it, as it should, which may explain "inaccuracies" being the fault of squiggle !

M1

[Littlegem]

Re: Civil Enforcement Ltd CCJ County Court

Hi M1 sorry for the delayed response - no I didn't deny driving the car...

[mystery1]

Re: Civil Enforcement Ltd CCJ County Court

Ok. Keep that in mind for later. Also note their witness statement doesn't say who made it as a company cannot be a witness for obvious reasons !

The court should send a directions questionnaire and will give instructions for any evidence and planned court dates.

M1

[Littlegem]

Re: Civil Enforcement Ltd CCJ County Court

Hi M1 - hope all is well with you
I have received notification that the CEL's claim against me has been allocated to the small claims track. The date of the hearing for the claim has not been fixed. The notification says I must submit all documents such as witness statements, contracts, important letter etc before 4pm on the 16th November
Please would you look over my witness statement -which doesn't differ much from the above and let me know if I need to add anything further?
Especially around CEL accusations that I have acted unreasonably throughout the course of their dealings with me and that I have been ' willfully refusing to communicate' which I haven't.
If you remember from earlier posts I had much difficulty contacting CEL... And made many many attempts to contact them by telephone, written letter and email.

- - - Updated - - -

Name of Court: COUNTY COURT AT GUILFORD
Claim No: A00YPxxx
Claimant: CIVIL ENFORCEMENT LTD
Defendant: xxxxxx

1.In June 2011, I parked in the CoOp car park in Newport. Ido remember parking there as it was the first holiday with my new-born son, andremember clearly (even though the event was over 4 years ago) that the paymentmachine for parking the car park was faulty and registered a £0.00 paymentamount.

2. At the time I could not locate a parking attendant in thecar park and the contact telephone number listed rang through to an answeringphone message.

3. Other people were also unable to pay for their parking atthe same time as I, due to the faulty machine

4. On my return from holiday I received a parking fine, inthe post from Civil Enforcement Ltd, which I promptly appealed in writing,explaining the fault with the machine. Please see exhibit one – Appeal Letter


5. Following my written appeal to Civil Enforcement Ltd Iheard nothing further from them and understood the matter to be closed.

6. As the parking incident and the appeal occurred in 2011,I have not kept any copies of the correspondence with Civil Enforcement Ltdregarding this matter.


7. I only learned about the County Court Claim datedSeptember 2014, from Civil Enforcement Ltd, in March 2015 when I obtained myCredit file from Experian as I was applying for a mortgage.

8. I was most distressed to realise that a County CourtClaim had been made against me in September 2014 – at an address I had notlived at for 4 years, relating to this parking fine.


9. During a telephone conversation with Civil EnforcementLtd in April 2015 they acknowledged they had received my appeals letter.

10. I asked Civil Enforcement Ltd both verbally on thetelephone and in writing to send me a copy of my appeals letter which they didnot do. I subsequently received a copy of my appeals letter as an exhibit inCEL’s response to the defendant pack

11. I have researched Civil Enforcement Ltd as a company anddiscovered two articles from the Ilse of Wight press. The articles discuss anddescribe how other people have also incorrectly received parking tickets fromCivil Enforcement Ltd, after parking in the same CoOp car park in Newport onthe Isle of Wight ( please see exhibit two - Article from Isle of Wight News - Thursday January 12th 2012

12.The following is taken from the article in the Ilse ofWight County Press Friday January 13th 2012 ( please see Exhibit three)
“Island drivers contacted the County Press after receivingfines from Civil Enforcement Ltd, (CIVIL ENFORCEMENT LTD), which manages themulti-storey car park on Pyle Street, Newport, on behalf of the Co-op.

They claim the fines were issued unfairly because the ticketmachine was faulty.

Alun Marks, of Creative Car Parks, of which CIVILENFORCEMENT LTD is part, said the company had cancelled the tickets aftermotorists appealed to them directly.

Motorists with tickets they wished to dispute should followthe appeals procedure stated on the ticket, he added.

The Co-op said it was aware there had been problems withparking machines and it was working with customers and the contractor to ensurefair enforcement of parking regulations.”

13. I contacted Mark Armstrong, an Isle of Wight resident,who received a parking fine from Civil Enforcement Ltd after parking in thesame CoOp car park, and was unable to pay due to the faulty parking machines.
He has written a letter (please see exhibit four ) whichexplains what, happened, and that Civil Enforcement agreed the tickets wereissued unfairly.

14. As the parking machine was faulty, and my bestendeavours were made at the time to pay for the parking, I believe the fine isunfair.

[mystery1]

Re: Civil Enforcement Ltd CCJ County Court

Ok that gives us 3 Wednesdays in which to hear if Beavis is announced at the supreme court.

It's good to prepare but wait until either Beavis is handed down or 11th November, being te last date before your deadline that Beavis can be handed down.

Remeber it's a witness statement not an opinionated argument.

1.In June 2011, I parked in the CoOp car park in Newport. Ido remember parking there as it was the first holiday with my new-born son, andremember clearly (even though the event was over 4 years ago) that the paymentmachine for parking the car park was faulty and registered a £0.00 paymentamount.

2. At the time I could not locate a parking attendant in thecar park and the contact telephone number listed rang through to an answeringphone message.


3. I spoke to other people were also unable to pay for their parking at the same time as I, due to the faulty machine.


4. On my return from holiday I received a parking fine, in the post from Civil Enforcement Ltd, which I promptly appealed in writing,explaining the fault with the machine. Please see exhibit one – Appeal Letter




5. Following my written appeal to Civil Enforcement Ltd I heard nothing further from them and understood the matter to be closed.


6. As the parking incident and the appeal occurred in 2011,I have not kept any copies of the correspondence with Civil Enforcement Ltdregarding this matter.




7. I only learned about the County Court Claim datedSeptember 2014, from Civil Enforcement Ltd, in March 2015 when I obtained myCredit file from Experian as I was applying for a mortgage.


8. I was most distressed to realise that a County CourtClaim had been made against me in September 2014 – at an address I had notlived at for 4 years, relating to this parking fine.




9. During a telephone conversation with Civil EnforcementLtd in April 2015 they acknowledged they had received my appeals letter.


10. I asked Civil Enforcement Ltd both verbally on thetelephone and in writing to send me a copy of my appeals letter which they didnot do. I subsequently received a copy of my appeals letter as an exhibit inCEL’s response to the defendant pack


11. I have researched Civil Enforcement Ltd as a company anddiscovered two articles from the Ilse of Wight press. The articles discuss anddescribe how other people have also incorrectly received parking tickets fromCivil Enforcement Ltd, after parking in the same CoOp car park in Newport onthe Isle of Wight ( please see exhibit two - Article from Isle of Wight News - Thursday January 12th 2012


12. Deleted as it should be included in a skeleton or oral argument.


13. I contacted Mark Armstrong, an Isle of Wight resident,who received a parking fine from Civil Enforcement Ltd after parking in thesame CoOp car park, and was unable to pay due to the faulty parking machines.
He has written a letter (please see exhibit four ) whichexplains what, happened, and that Civil Enforcement agreed the tickets wereissued unfairly. (probably should be annexed to a witness statement form him)


14. Deleted as argument. For unfairness arguments it may be best to say you would not have agreed to park for £100.

M1

[Littlegem]

Re: Civil Enforcement Ltd CCJ County Court

Thanks M1
I've never prepared a skeleton argument - would need help with this.
Understood re Mark Armstrong witness statement - I have a letter from him - is that enough - or is there a specific format the witness statement needs to be in?
Will keep checking back re Beavis case
Thanks again

[mystery1]

Re: Civil Enforcement Ltd CCJ County Court

A witness statement requires furnishing with a statement of truth, so no a letter won't do.

http://www.aboutsmallclaims.co.uk/wi...t-example.html

M1

[Littlegem]

Re: Civil Enforcement Ltd CCJ County Court

Good news
Just checked my emails and I have received an email from CEL - saying "We are no longer pursuing the Parking Charge Notice originally issued to you and have attached a copy of the Notice of Discontinuance of the court action which was being taken against you. This matter is now closed"