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

[bluebottle]

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

Celestine is very probably right - it's a fake up designed to frighten.

I think HMCTS will be well p*ssed-off if they find out PPCs are using N1s in this way. I can't see any judge being too happy about it either.

[wales01man]

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

The OP should contact the court service and ask if its legal to send documents like this out after all its against the law for debt collectors and these parking companies to send letters that are made to look like legal documents

[bluebottle]

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

The OP should contact the court service and ask if its legal to send documents like this out after all its against the law for debt collectors and these parking companies to send letters that are made to look like legal documents

It's an offence for ANYONE to use any official document (forms issued by government agencies and departments) for an unlawful purpose under a number of statutes. In this particular case, there is a possible offence under the Fraud Act 2006 of Making An Article for Use In Connection With Fraud. Ultimately, the onus is on the PPC to show they have grounds and a right in law to demand the £75. If they cannot, they are up Crap Creek without a paddle.

[CleverClogs]

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

It's an offence for ANYONE to use any official document (forms issued by government agencies and departments) for an unlawful purpose under a number of statutes. In this particular case, there is a possible offence under the Fraud Act 2006 of Making An Article for Use In Connection With Fraud. Ultimately, the onus is on the PPC to show they have grounds and a right in law to demand the £75. If they cannot, they are up Crap Creek without a paddle.

The purported N1 apparently has:

1. No Court stamp
2. No date of claim
3. The wrong date and issue data at the foot of the document.

It would therefore seem reasonable to suppose it to be a fake or "mock up", intended to deceive or panic the recipient.

One might wonder if the local Trading Standards people might like to jump on "Civil" Enforcement Ltd.

[Celestine]

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

I dont believe it is unlawful. I've seen it often recommended on advice forums to send a copy of your 'proposed' N1 form attached to the 14 day LBA letter. So maybe these "Civil" companies read consumer forums?

[CleverClogs]

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

I dont believe it is unlawful. I've seen it often recommended on advice forums to send a copy of your 'proposed' N1 form attached to the 14 day LBA letter. So maybe these "Civil" companies read consumer forums?

I hope they read this one!

Under the Civil Procedure Rules, would they be allowed to add "Solicitors Costs £110" to their fatuous claim?

[gravytrain]

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

I dont believe it is unlawful. I've seen it often recommended on advice forums to send a copy of your 'proposed' N1 form attached to the 14 day LBA letter. So maybe these "Civil" companies read consumer forums?

No I don't believe it is, it may be contrary to guidelines to insinuate that court proceedings had commenced when in fact they had not, I am not sure who you would complain to, perhaps CAB. As mentioned the leverage being applied by insinuating that the charges will be inflated by solicitors fees, when this would be small claims issue is also misleading IMO.

[Laurieloo2]

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

No I don't believe it is, it may be contrary to guidelines to insinuate that court proceedings had commenced when in fact they had not, I am not sure who you would complain to, perhaps CAB. As mentioned the leverage being applied by insinuating that the charges will be inflated by solicitors fees, when this would be small claims issue is also misleading IMO.

So could they stilll take me to court via small claims process?? I just wonder if they are likely to get anywhere if I am bankrupt? Would a judge put a court order on a bnkrupt person when it would literally mean making me default on payments like rent, council tax etc? thanks

[CYNthesys]

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

I may be wrong but my understanding is that a Bankrupt cannot bring or defend proceedings, only his trustee would have any standing in court

[gravytrain]

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

So could they stilll take me to court via small claims process?? I just wonder if they are likely to get anywhere if I am bankrupt? Would a judge put a court order on a bnkrupt person when it would literally mean making me default on payments like rent, council tax etc? thanks

It is very unlikely that they would take you to court, if they did you could then raise this if you wished and tell them they would have to make application to the receivers office.

But i don't think it would ever get that far IMO

[wales01man]

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

Has the OP spoken to the receiver dealing with their bankruptcy im sure they will know what happens if this goes to a court

[Laurieloo2]

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

It is very unlikely that they would take you to court, if they did you could then raise this if you wished and tell them they would have to make application to the receivers office.

But i don't think it would ever get that far IMO

I hope so! thanks for your help

[Laurieloo2]

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

Has the OP spoken to the receiver dealing with their bankruptcy im sure they will know what happens if this goes to a court

No I havent spoke to them, maybe I will get in toouch but they have said to me previously that they are not the people to seek for advice, they are just who handle my specific case! Seems silly to me. Maybe I will try CAB. Also as I havent replied to any of the letters from civil enforcement I didnt want to bring it to the attention of anyone like the official receiver in case someone finds out and thats admitting liability for it if that makes sense?? I thought if I claim to be ignorant to it (saying I never received it in the post as I have moved) thenmaybe ignorance would be bliss?

[wales01man]

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

I always thought that ang debts bills or invoices like the parking numpties one purports to be were passed onto the receiver so they can finalise the bankruptcy i think giving them the parking ticket does not admit liability more that you are asking if its to be paid by the receiver you could add that you know nothing abi=out it until the letter arrived

[CleverClogs]

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

No I havent spoke to them, maybe I will get in toouch but they have said to me previously that they are not the people to seek for advice, they are just who handle my specific case! Seems silly to me. Maybe I will try CAB. Also as I havent replied to any of the letters from civil enforcement I didnt want to bring it to the attention of anyone like the official receiver in case someone finds out and thats admitting liability for it if that makes sense?? I thought if I claim to be ignorant to it (saying I never received it in the post as I have moved) then maybe ignorance would be bliss?

I would say it would be less than wise to feign ignorance of their spurious claim, as that could cast doubt on the veracity of any other statements you have made.

However, I am sure you could reasonably state that you did not (or do not) believe you are truly liable to pay the sums demanded, as the law only permits the parking company to recover its "parking charges" as provided under Schedule 4 (link) of the addle-pated and coprocephalic Protection of Freedoms Act 2012.