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  • FIRST POST
    • Barbie2017
    • By Barbie2017 30th Jan 17, 4:40 PM
    • 23Posts
    • 20Thanks
    Barbie2017
    County Court Claim from CEL
    • #1
    • 30th Jan 17, 4:40 PM
    County Court Claim from CEL 30th Jan 17 at 4:40 PM
    Hi All,

    PLEASE HELP !

    New to this so bare with me please if I'm making errors. I've had a County Court Claim through from Civil Enforcement Ltd. The truth is I have ignored all previous correspndence relating to a parking charge I thought might have been fake with names like "Wright Hassle" and my firend has told me he has ignored such things in the past and have gone away. I now realise from this forum that Wright Hassle and others are legit (the name made me and my mum laugh, surely it had to be a joke!) and I shouldnt not have ignored so I'm looking for help defending this case if possible.

    For info, if you needed to know, I havent a clue who first chased for this, the parking company certianly wasnt CEL though, I remember one with ZZ maybe and Wright Hassle and now CEL - the 3rd company I know of in line. I doubt the 'hotel' even knows about this.

    I have scanned all my documents so 1 x Claim Form & 4 x pages of CEL's particlaurs. I have responded on MCOL to say I will be defending in full and have about 15 more days from now to sumbit my defence.

    I have hidden all the details including the claim numbers, references, the 'hotel' the parking charge was based at for anonymity. If you need any more details then I can tell you, I just didnt want to display all details for now just in case from reading other threads.

    I can't seem to attach so have shared my dropbox link to them which I hope you can all view.

    (I cannot paste link just yet as a new poster so can someone please advise how to post the link), hopefully I can after submitting this?

    Hope someone can help soon, look forward to receving responses.

    Regards,

    Barbs
Page 2
    • Barbie2017
    • By Barbie2017 6th Feb 17, 6:10 PM
    • 23 Posts
    • 20 Thanks
    Barbie2017
    Yes am conducting all of it on MCOL / online.
    Claim issued on the 13th
    AOS submitted on 26th, received on 27th.

    Thank you

    Barbs
    • Coupon-mad
    • By Coupon-mad 6th Feb 17, 10:32 PM
    • 46,883 Posts
    • 60,213 Thanks
    Coupon-mad
    It's quite wordy but you do appear to cover the bases. The only thing I would add is that I think the stupid charge had been inflated from (presumably) £100 to well over three hundred pounds! So you need to charge this to object to the other add-ons (except the court fees) not just £50, they've added silly money plucked out of thin air:

    The Claim includes a sum of £50, described as ‘Legal Representative’s costs’. The Claimant is put to strict proof of all his assertions.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Barbie2017
    • By Barbie2017 7th Feb 17, 2:38 PM
    • 23 Posts
    • 20 Thanks
    Barbie2017
    Ok here is my point 9 now (please let me know if now Ok to sumbit or if you think of any more changes):

    9. The Claimant’s Solicitors are serial abusers of the Court process; the Claimant is known to be a serial litigant, issuing up to 1,000 similar claims on a weekly basis.

    a) This is a speculative serial litigant, issuing a large number of identical 'draft particulars'. The badly mail-merged documents contain very little information.
    b) The Claim includes a sum of £50, described as ‘Legal Representative’s costs’. Given the Claimant uses a fully automated, bulk processing service, requiring no intervention from a Solicitor often generating up to £50,000 of income they are put to strict proof to show how this cost has been incurred. The Claimant is put to strict proof of all his assertions.
    c) The Claim is in excess of £300. Without information to the contrary, I believe the original amount for a Parking Charge would have been £100 or less. Given the Claimant uses a fully automated, bulk processing service, I also object to all additional charges associated with this Claim and the Claimant is put to strict proof of all his assertions.
    d) In the above circumstances, I respectfully ask that the Court dismiss the claim.
    • Coupon-mad
    • By Coupon-mad 7th Feb 17, 4:02 PM
    • 46,883 Posts
    • 60,213 Thanks
    Coupon-mad
    Good one, I think you have done what you need to at this stage and need to just be aware from bargepole's post in the NEWBIES thread (under 'Small Claim?') about the other forms that will follow and what you must do and by when.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Barbie2017
    • By Barbie2017 7th Feb 17, 4:29 PM
    • 23 Posts
    • 20 Thanks
    Barbie2017
    OK, fingers crossed, will submit now! Will keep this thread updated as to how I get on as well!

    Yes I have read Bargepole's advice and am expecting more paperwork and deadlines once I hav sent this defence. Bargepole does recommend to post defence instead of using online (due to the numbering formatting etc.) however I'm going to try online and see how I get on (will report back if I do different).

    here is the link to Bargepole's great advice for anyone reading my thread;

    http://forums.moneysavingexpert.com/showthread.php?t=5546325

    Thanks once agan to Coupon-mad and all that have contributed, fingers crossed I have good news in the near future.

    Cheers

    Barbs
    • Barbie2017
    • By Barbie2017 7th Feb 17, 4:44 PM
    • 23 Posts
    • 20 Thanks
    Barbie2017
    Had trouble on MCOL, not enough lines of text to fit my defence (essay)! Only allowed 122 lines of text.

    Therefore going to print and post. (presume this is OK even though I started the process and sent my AOS through MCOL)?

    Cheers

    Barbs
    • Coupon-mad
    • By Coupon-mad 7th Feb 17, 4:47 PM
    • 46,883 Posts
    • 60,213 Thanks
    Coupon-mad
    Bargepole suggests that and tells you how to set it out, right down to the font size! Never put the defence in on MCOL.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Barbie2017
    • By Barbie2017 7th Feb 17, 4:54 PM
    • 23 Posts
    • 20 Thanks
    Barbie2017
    OK, it transpired that I have to do it this way anyway. And yes followed his advice on fonts etc. etc.

    Address sending to is:

    County Court Business Centre
    4th Floor, St Katharine's House
    21-27 St. Katharine's Street
    Northampton
    NN1 2LH

    is that correct and OK, do I have to send recorded so it's signed for?

    Cheers

    Barbs
    • Coupon-mad
    • By Coupon-mad 7th Feb 17, 6:10 PM
    • 46,883 Posts
    • 60,213 Thanks
    Coupon-mad
    That address is correct and you could send it recorded.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Redx
    • By Redx 7th Feb 17, 6:13 PM
    • 14,407 Posts
    • 17,982 Thanks
    Redx
    once done you could probably email it as a pfdf to the court and ask them to add it as a digital addition to the file , quoting the case number etc , then conform with them its been added (so they get an electronic version plus an identical paper version in the post

    yes , send it recorded if you want confirmation of its receipt
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Barbie2017
    • By Barbie2017 10th Feb 17, 12:37 PM
    • 23 Posts
    • 20 Thanks
    Barbie2017
    Thanks all.

    I posted my Defence yesterday, delivery is recorded and due there today. Emailed ccbc@hmcts.gsi.gov.uk with a digital version just now.

    Will keep you informed.

    Barbs
    • Barbie2017
    • By Barbie2017 13th Feb 17, 11:56 AM
    • 23 Posts
    • 20 Thanks
    Barbie2017
    MCOL has confirmed my defence was received on the 10/02/17
    • Barbie2017
    • By Barbie2017 22nd Feb 17, 2:30 PM
    • 23 Posts
    • 20 Thanks
    Barbie2017
    Hi all,

    I haven't recevied anything, as yet, from the Court. As per Bargepole's post regarding the Court Claim Procedure (point 4) I was expecting some "Directions Questionnaire" from them. Does anyone know when to expect them or or if I will receive them depending on what CEL do? Just a bit confused as to when we think this may be over i.e. before or after the Directions Questionnaire? At what point do CEL have to pay more money?


    Thanks
    Regards

    Barbs
    • Barbie2017
    • By Barbie2017 13th Mar 17, 6:11 PM
    • 23 Posts
    • 20 Thanks
    Barbie2017
    Hi all,

    Still nothing received from the courts and my MCOL still says the last thing that happened is that they received my defence. There's nothing on there to be able to take the next steps. Should I phone them and ask if it has been struck out?

    Regards

    Barbs
    • Coupon-mad
    • By Coupon-mad 13th Mar 17, 6:20 PM
    • 46,883 Posts
    • 60,213 Thanks
    Coupon-mad
    This is exactly what we expect from CEL. They don't proceed when they see a forum defence. These work!

    You could ring the CCBC and ask if the case is 'stayed' due to the claimant's inaction. The answer should be 'yes' in which case it is unlikely CEL will resurrect it at a further fee.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Barbie2017
    • By Barbie2017 15th Mar 17, 6:59 PM
    • 23 Posts
    • 20 Thanks
    Barbie2017
    Thanks, will do
    • Barbie2017
    • By Barbie2017 21st Mar 17, 11:18 AM
    • 23 Posts
    • 20 Thanks
    Barbie2017
    Update:

    CCBC told me my case was 'stayed' on the 16th March and CEL will now have to pay a fee to carry this on and admitted it's unlikely they will do so.

    The gentleman at the CCBC was very open and said the Court is currently investigating them as they do not respond to anyone, even the Court. He called them a derogatory word which I forgot but basically in my head he was referring to them as idiots. The way he was talking I think they may even be considering refusing their claims all together but time will tell I suppose.

    I sincerely thank the people on here that have helped and special thanks to coupon mad for their input and helping me at the start with my uploading my claim forms.

    I recommend this forum for anyone wanting to defend these ridiculous parking claims and hope my case above will help. It's definitely worth a couple of hours of anyone's time to defend them rather than just thinking, I'll just pay them, this will only fuel their fire to rip more innocent people off!

    Thanks,

    Barbs
    • Fruitcake
    • By Fruitcake 21st Mar 17, 11:23 AM
    • 39,205 Posts
    • 78,334 Thanks
    Fruitcake
    Update:

    CCBC told me my case was 'stayed' on the 16th March and CEL will now have to pay a fee to carry this on and admitted it's unlikely they will do so.

    The gentleman at the CCBC was very open and said the Court is currently investigating them as they do not respond to anyone, even the Court. He called them a derogatory word which I forgot but basically in my head he was referring to them as idiots. The way he was talking I think they may even be considering refusing their claims all together but time will tell I suppose.

    I sincerely thank the people on here that have helped and special thanks to coupon mad for their input and helping me at the start with my uploading my claim forms.

    I recommend this forum for anyone wanting to defend these ridiculous parking claims and hope my case above will help. It's definitely worth a couple of hours of anyone's time to defend them rather than just thinking, I'll just pay them, this will only fuel their fire to rip more innocent people off!

    Thanks,

    Barbs
    Originally posted by Barbie2017
    Imbeciles? Anyway, it looks like it is good news all round. The comments from the person you spoke to are both interesting and encouraging.

    Please let us know if you hear anything further.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Coupon-mad
    • By Coupon-mad 21st Mar 17, 2:18 PM
    • 46,883 Posts
    • 60,213 Thanks
    Coupon-mad
    Update:

    CCBC told me my case was 'stayed' on the 16th March and CEL will now have to pay a fee to carry this on and admitted it's unlikely they will do so.

    The gentleman at the CCBC was very open and said the Court is currently investigating them as they do not respond to anyone, even the Court. He called them a derogatory word which I forgot but basically in my head he was referring to them as idiots. The way he was talking I think they may even be considering refusing their claims all together but time will tell I suppose.

    I sincerely thank the people on here that have helped and special thanks to coupon mad for their input and helping me at the start with my uploading my claim forms.

    I recommend this forum for anyone wanting to defend these ridiculous parking claims and hope my case above will help. It's definitely worth a couple of hours of anyone's time to defend them rather than just thinking, I'll just pay them, this will only fuel their fire to rip more innocent people off!
    Originally posted by Barbie2017
    Good, thanks for that update!
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

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