DISCONTINUED Claim received from Northampton County Court Business Centre

**nemesis45** · 14th July 2015, 08:39:AM

Re: Claim received from Northampton County Court Business Centre

Hi welcome to LB,
I don't usually get involved in parking problems so I hope [MENTION=5354]mystery1[/MENTION] is around to help
you through this.
First acknowledge service of the claim asap, do you intend to defend the claim?
nem

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Hi welcome to LB,
I don't usually get involved in parking problems so I hope [MENTION=5354]mystery1[/MENTION] is around to help
you through this.
First acknowledge service of the claim asap, do you intend to defend the claim?
nem

**VampireG** · 14th July 2015, 08:43:AM

Re: Claim received from Northampton County Court Business Centre

Hi,

I believe we should defend the claim, the claim seems completely unjust and unfair to me.

Thanks
Greg

**VampireG** · 14th July 2015, 09:38:AM

Re: Claim received from Northampton County Court Business Centre

Just to confirm I have just done an AOS.

Did I click too many things?

I intend to contest jurisdiction, I ticked this. Should we have?

Thanks
Greg

**Kati** · 14th July 2015, 09:48:AM

Re: Claim received from Northampton County Court Business Centre

Originally posted by VampireG View Post

I intend to contest jurisdiction, I ticked this. Should we have?

that one wasn't needed (it would have been heard at your local court anyway), but you should be OK. As [MENTION=55034]nemesis45[/MENTION] says, [MENTION=5354]mystery1[/MENTION] is the best at parking tickets ... he should be along soon xx

**VampireG** · 14th July 2015, 09:50:AM

Re: Claim received from Northampton County Court Business Centre

Oops, should I contact them and tell them that this was a mistake?

Thank you for the quick replies people.

**VampireG** · 14th July 2015, 14:46:PM

Re: Claim received from Northampton County Court Business Centre

Just noticed on the court document that in the Particulars of the claim they state:
05/04/12 Ref4827306433 130.00 05/04/12

That date does not correlate to any documentation I have ever received. The original date for the fine is dated 30/05/2012 and for the sum of £90 or £45 if paid immediately.
The actual PCN Issue Date is 14/06/2012

So does this mean the court docs are wrong anyway?

**mystery1** · 14th July 2015, 18:09:PM

Re: Claim received from Northampton County Court Business Centre

Can you post up the claim form and any other stuff you still have like the PCN, signs etc (suitably sanitised)

Have a moan to steve.murrells@co-operative.coop the Co-op CEO in case he feels inclined to do something to help which has worked sometimes.

M1

**VampireG** · 14th July 2015, 18:48:PM

Re: Claim received from Northampton County Court Business Centre

I will scan them all in tomorrow from work.

Thank you for taking the time to assist me on this, my wife is very grateful.

Kind Regards
Greg

**VampireG** · 15th July 2015, 09:17:AM

Re: Claim received from Northampton County Court Business Centre

Please find first batch of documents attached.

Attached Files

**VampireG** · 15th July 2015, 09:20:AM

Re: Claim received from Northampton County Court Business Centre

Second batch of documents attached.

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As you can see it has been a contact harassment which we where advised to ignore right from Letter_1 by Citizens Advice.

We have never been in contact with any of these companies.

Thank you again for your help and support.

Kind Regards
Greg

Attached Files

**mystery1** · 15th July 2015, 14:41:PM

Re: Claim received from Northampton County Court Business Centre

You left your details on some of the letters. I've unapproved them.

I would add that you have provided perfect proof of why you should keep letters. The letter assigning the debt to another company is a thing of beauty.

I'll be back, as they say.

M1

**VampireG** · 15th July 2015, 15:06:PM

Re: Claim received from Northampton County Court Business Centre

Reupload of the files that had issues.

Attached Files

**VampireG** · 15th July 2015, 15:07:PM

Re: Claim received from Northampton County Court Business Centre

And the other one.

Attached Files

**mystery1** · 18th July 2015, 00:34:AM

Re: Claim received from Northampton County Court Business Centre

OK.

1st thing, as advised previously, acknowledge service as you get 14 days extra to enter a defence.

Then write to some people.

1. The claimants solicitor.

Dear Mr Schwartz,

I, as defendant, am in receipt of your court claim number xxxxxxxx in which the claimant is Civil Enforcement Ltd, Horton House, Exchange flags, Liverpool, L2 3PF. I note that you have personally signed a statement of truth for the particulars of claim.

I would like to bring to your attention CPR 16.4 which centres around the contents of the claim form. Given the 3 alternative scenarios you put forward, being contractual entitlement, breach of contract or trespass it can never be said that your particulars of claim show the concise facts if you are unable to accurately state what your case is actually for. I also note that the claim form signed by A. Cohen has a different amount than the particulars of claim signed by yourself. This case should be repleaded.

My first point pales into insignificance however compared to my next point. You have signed a statement of truth for a claim for Civil Enforcement limited for an amount which even if the circumstances upon which the arose were undisputed, which they are not, is simply not due to them as they have assigned a large portion of them. See the faux claim sent by debt enforcement and action ltd and the letter of assignment on your clients headed note paper which accompany this letter. This case is in serious trouble and i would ask you drop it immediately to avoid further costs.

Aside from the problems this gives you with this case, it also gives you a rather severe problem as you cannot have had an honest belief in the truth of your particulars of claim as they are simply untrue. This matter will be reported to the SRA and the possible contempt of court highlighted to the court.

In order to ascertain your response and see if i need to take further action i would ask for an extension to the time for filing a defence pursuant to CPR 15.5 and seek the full 28 days extra and look forward to your cooperation on this. Failure to sort out you case or the issues identified will lead me to consider a summary judgement application particularly if time starts to get short.

Yours etc

2. The claimant.

Dear Mr Cohen,

I, as defendant, am in receipt of your court claim number xxxxxxxx in which the claimant is Civil Enforcement Ltd, Horton House, Exchange flags, Liverpool, L2 3PF. I note that you have personally signed a statement of truth for the particulars of claim.

I note that you have signed a statement of truth. I enclose copies of a letter of assignment and a faux claim form from debt enforcement and action ltd which clearly show that the matters in the claim form simply cannot be true. I will be highlighting this potential contempt of court to the court. I note the assignment is on Civil Enforcement limited headed paper so you should have been aware of it.

I have asked Mr Schwartz to consider the content of the claim and the issues surrounding his possible contempt of court.

Yours etc

3. The BPA.

aos@britishparking.co.uk

Dear Sir/Madam,

I have had court papers issued by one of your members. It appears that your member, Civil Enforcement Limited have assigned the debt (see attached assignment, faux claim) to another company but have still lodged court papers in their own name for a debt they do not own. (see attached court papers).

Is this a level of honesty i should expect from one of your members ?

Yours etc

Keep an eye on deadlines and see what that stirs up. If nothing we can either go for a summary judgement or enter a defence.

You could also have a wee bash at steve.murrells@co-operative.coop see if he can help.

M1

DISCONTINUED Claim received from Northampton County Court Business Centre