Civil enforcement letter - do not ignore - final reminder before legal action

[tm1987]

Hi,

First time poster really needing some urgent advice.

In 2021 I had to meet an old work colleague to hand over some work paperwork. We agreed to meet at Subway/Costa (all the same car park) I got there at 1030 but my colleague messaged me saying she was running late. I then nipped to a local co op and came back around 10.45 to meet my colleague. We had a coffee and then left around 11:40. I then received a PCN advising that I had overstayed in the car park by 10 minutes ad I was there from 10:30-11:40.

I emailed the branch of Subway and explained that I was not there for that long, I came in, parked for about 5 minutes and then left, before returning about 15 minutes later, so I wasn't there for that period of time.

I received no response until I got a another letter in December advising last letter before legal action and it was a £182 fine now. I contacted Subway again and again have had no response.

Then today I have received a final reminder. "DO NOT IGNORE - FINAL REMINDER BEFORE LEGAL ACTION" and that I need to pay in 14 days or they will now issue legal proceedings.

What do I do here? I have contacted Subway again and asked them to speak to the operator and I have also emailed the subway MD. There is no means of contact for Civil Enforcement other than by letter.

Please can anyone help? Has anyone had this before?

[des8]

Can you post up the original PCN and a photo of the car park signs?

I'm suspecting the signs state there is no return within X number of hours.

Your defence would have to centre around the time they need to allow the driver to consider the terms and conditions of the car park (normally 5+ minutes)
So driver entered the park, read the T&Cs and decided it was not viable to await the excolleagues arrival and decided not to stay.
Driver then returned 15minutes later at 10.30 and left 11.40.

CEL won't accept that as a valid reason for cancelling the notice.
Not many appeals are accepted as they produce no income for the parking companies!

If you contact them do not identify the driver.... just refer to "the driver"
If you don't have the original PCN or Photos of the carpark signs ask CEL for copies, without identifying the driver

[tm1987]

I am just picking back up on this post as I now have received a claim form from the civil national business centre in Northampton.

After my last post I reached out to the subway in question and explained the situation. How I was not there for the time stated. I explained that I pulled in at 10:25 to meet a colleague at 10:30. When I pulled in, I checked my phone and my colleague had text to advise they were running late. I needed to go to a shop on the way home, so I googled shops near by (I am not from the area so I did not know) and went to a co op round the corner. I would have been in that space for the time it took me to read a text and google the shop, so probably 1-2 minutes. I left and came back around 20 minutes later, around 10:50-11:00. Met my colleague and left at 11:40. So I was there for 2 minutes, left and came back for 40 minutes.

Subway emailed me back on the 3rd Feb saying they had spoken to the car parking company who has agreed to reduce this to £80. I emailed back on the 7th Feb to explain again that I am being fined £80 for nothing as I was not there over the time limit and can anything more be done. I received no reply at all. So I just assumed that they had sorted this and agreed to cancel. Then on the 18/04, I have got the claims form come through for £308!!

I have replied to Subway again to ask what is going on, you offered to reduce to £80, I replied asking if more can be done as that is still really unfair. I have had no reply.

They have now emailed me back advising they cant do anything now as it is with the court. I have explained I can advise the courts that this has been sorted with the claimant directly and copied in the car park company (Subway provided the email address) and said this needs to be sorted.

I have gone online on MCOL and explained all the above as to the reasons I am disputing this claim.

Can anyone advise on what the next steps might be? This fine is from 3 years ago.

Will I be dragged to court for this?

I cannot believe that nobody is listening to me when I said I was there and came back, its breaking me that I am expected to pay so much money for doing absolutely nothing wrong.

[tm1987]

Can you post up the original PCN and a photo of the car park signs?

I'm suspecting the signs state there is no return within X number of hours.

Your defence would have to centre around the time they need to allow the driver to consider the terms and conditions of the car park (normally 5+ minutes)
So driver entered the park, read the T&Cs and decided it was not viable to await the excolleagues arrival and decided not to stay.
Driver then returned 15minutes later at 10.30 and left 11.40.

CEL won't accept that as a valid reason for cancelling the notice.
Not many appeals are accepted as they produce no income for the parking companies!

If you contact them do not identify the driver.... just refer to "the driver"
If you don't have the original PCN or Photos of the carpark signs ask CEL for copies, without identifying the driver

I am just picking back up on this post as I now have received a claim form from the civil national business centre in Northampton.

After my last post I reached out to the subway in question and explained the situation. How I was not there for the time stated. I explained that I pulled in at 10:25 to meet a colleague at 10:30. When I pulled in, I checked my phone and my colleague had text to advise they were running late. I needed to go to a shop on the way home, so I googled shops near by (I am not from the area so I did not know) and went to a co op round the corner. I would have been in that space for the time it took me to read a text and google the shop, so probably 1-2 minutes. I left and came back around 20 minutes later, around 10:50-11:00. Met my colleague and left at 11:40. So I was there for 2 minutes, left and came back for 40 minutes.

Subway emailed me back on the 3rd Feb saying they had spoken to the car parking company who has agreed to reduce this to £80. I emailed back on the 7th Feb to explain again that I am being fined £80 for nothing as I was not there over the time limit and can anything more be done. I received no reply at all. So I just assumed that they had sorted this and agreed to cancel. Then on the 18/04, I have got the claims form come through for £308!!

I have replied to Subway again to ask what is going on, you offered to reduce to £80, I replied asking if more can be done as that is still really unfair. I have had no reply.

They have now emailed me back advising they cant do anything now as it is with the court. I have explained I can advise the courts that this has been sorted with the claimant directly and copied in the car park company (Subway provided the email address) and said this needs to be sorted.

I have gone online on MCOL and explained all the above as to the reasons I am disputing this claim.

Can anyone advise on what the next steps might be? This fine is from 3 years ago.

Will I be dragged to court for this?

I cannot believe that nobody is listening to me when I said I was there and came back, its breaking me that I am expected to pay so much money for doing absolutely nothing wrong.

[des8]

I have gone online on MCOL and explained all the above as to the reasons I am disputing this claim.
Does this mean you have acknowledged the claim and entered a defence?

Can anyone advise on what the next steps might be? This fine is from 3 years ago.
you will receive directions from the court

Will I be dragged to court for this?
No, but non attendance at the hearing will not help your defence

I cannot believe that nobody is listening to me when I said I was there and came back, its breaking me that I am expected to pay so much money for doing absolutely nothing wrong.

As said in post 2:"CEL won't accept that as a valid reason for cancelling the notice.
Not many appeals are accepted as they produce no income for the parking companies!"

Responses in red

[tm1987]

As said in post 2:"CEL won't accept that as a valid reason for cancelling the notice.
Not many appeals are accepted as they produce no income for the parking companies!"

Responses in red

Hi,

Yes because Subway contacted the car park company who agreed to reduce this to £80. When I had no response to this after I asked for more do be done, I assumed that this was sorted.

Then 2 months later I have got this claims form. I saw on there the link to go online to submit the defence so thought this would be ok?

I have argued the case as best as I can really.

I would attend a hearing.

I am assuming that I will receive a letter from the court in response to my defence at some point?

[des8]

You will eventually receive court directions, which will include instructions about filing and serving your witness statement.

The defence as you have posted above is quite sparse, and you will need to craft your witness statement carefully.