Being taken to court by civil enforcement ltd tomorrow!!! Help!!

[Laurieloo2]

I received a parking notice from these people for parking too long in a retail park, firstly i think it was harsh. I was shopping in the retail park then me and my family went to pizza hut for lunch which is in the same retail park. It was my first time there (in Ipswich) and I did not notice the parking restrictions as I thought its a retail park! None of them have these sort of restrictions where i live! Anyway, having looked on the internet i took advice to ignore letters. Now i have just returned home after a couple of weeks of not being home and have a letter saying a court date i set for 26th February in Peterborough and could result in my bank account being frozen etc and the original fine of £75 will now be £450 in total with costs. Can they really do this?? I would like to add the reason I didnt pay it is I am out of work and am an undischarged bankrupt of 8 months. My home is being repossesed in a week and this is just the last thing i need. Can someone please give me some urgent advice and point me in the direction of my legal rights in this? Can they take an already bankrupt to court again??? PLEASE HELP!!

[gravytrain]

Re: Being taken to court by civil enforcement ltd tomorrow!!! Help!!

HI
Is the letter you received an N1 ( the county court document) or is it a letter before action from the parking firm? Is Peterborough you local CC ?

[Laurieloo2]

Re: Being taken to court by civil enforcement ltd tomorrow!!! Help!!

The letter itself is from civil enforcement ltd with a few documents attached that say:
Claim Form
Claim Number (but theres no claim number in that field)

Claimant : Civil Enforcement
Defendant : My name

and then
amount claimed £265
Court Fee £50
Solicitors Costs £110
Total amount £425

It quite honestly looks like soomething anyone could type up. In comparison to court forms i have had relating to my bankruptcy this is a lot simpler set out and not as detailed. It doesnt have a form number (like N1) on it anyway. Peterborough is no where near me so I dont know why that is the county court on there.
Thanks

[Laurieloo2]

Re: Being taken to court by civil enforcement ltd tomorrow!!! Help!!

Actually one of the pages doeshave N1 in small print on the bottom left!!

[ploddertom]

Re: Being taken to court by civil enforcement ltd tomorrow!!! Help!!

Does it look like this http://justclaim.co.uk/court-forms/N1-claim-form.html

[CYNthesys]

Re: Being taken to court by civil enforcement ltd tomorrow!!! Help!!

I think that as you are an undischarged bankrupt they cant take you to court, as you have no legal capacity/standing to litigate

[Laurieloo2]

Re: Being taken to court by civil enforcement ltd tomorrow!!! Help!!

It does look like that yes but i noticed in the bottom left mine says N1 claim form (cPR Part 7) (January 2002) where the one on the link you kindly sent says "N1 Claim form (CPR Part 7) (12.12)" does that make a difference??

[Laurieloo2]

Re: Being taken to court by civil enforcement ltd tomorrow!!! Help!!

thank you for your response, is there any website or anything you could direct me to so that I could see it in black and white myself incase something does happen?
Thanks

[CYNthesys]

Re: Being taken to court by civil enforcement ltd tomorrow!!! Help!!

This might be useful
http://www.bis.gov.uk/insolvency/per...nkruptcy-debts

[ploddertom]

Re: Being taken to court by civil enforcement ltd tomorrow!!! Help!!

This is just the Claim Form, what date is on it & what address are they saying it has to be returned to?

[gravytrain]

Re: Being taken to court by civil enforcement ltd tomorrow!!! Help!!

Is it possible to scan the document minus your personal details ?
I believe yo are entitled to have the claim transferred to your local count court in any case.

[Laurieloo2]

Re: Being taken to court by civil enforcement ltd tomorrow!!! Help!!

They dont actually ask for it to be returned to anywhere, the letter says they intend to submit it to court on 26/2/13, the letter finishes with them saying they will accept the original amount of £75 as settlement if its received by the 25/2/13 The date of the letter is 11th February, the claim form itself has no date. thanks

[Laurieloo2]

Re: Being taken to court by civil enforcement ltd tomorrow!!! Help!!

i will try to get this done today, i dont have access to do so at home but will pop out to local library, thanks

[gravytrain]

Re: Being taken to court by civil enforcement ltd tomorrow!!! Help!!

They dont actually ask for it to be returned to anywhere, the letter says they intend to submit it to court on 26/2/13, the letter finishes with them saying they will accept the original amount of £75 as settlement if its received by the 25/2/13 The date of the letter is 11th February, the claim form itself has no date. thanks

It doesn't sound like a claim for to me, does it have the court stamp?

Sounds to me like they are trying to kid you that the claim has been made through the court, could be wrong though, if in doubt you could contact the court office and ask ?

[wales01man]

Re: Being taken to court by civil enforcement ltd tomorrow!!! Help!!

Is this not deception if there sending out so called court letters?