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  • FIRST POST
    • Stuck2017
    • By Stuck2017 19th Apr 17, 2:18 PM
    • 20Posts
    • 12Thanks
    Stuck2017
    Civil enforcement limited claim form received
    • #1
    • 19th Apr 17, 2:18 PM
    Civil enforcement limited claim form received 19th Apr 17 at 2:18 PM
    Hi.

    I've recently received a claim form from County court business centre following a PCN from CEL now totalling £322.90. The original invoice was for £100, which (having read through lots of newbie advice on these forums) I now know that I was stupid to ignore.
    I received debt collector letter which referred to a PCN of £140 ?? The car was only in the car park for 20 minutes but no ticket was purchased.

    I have acknowledged service on the MCOL website and am going to prepare my defence. I now only have until 5th May to provide a defence. I'm in a bit of a panic and even though I've read through so much online i still would really appreciate some specific advice.

    For information, I am the registered keeper but was not the driver and can potentially prove that with a letter from my work. I haven't received a NTK.

    Please can someone confirm whether I am too late to write to CEL with the following questions?

    Re PCN number: xxxxxxxx

    I am the keeper of the vehicle and am aware of your purported 'parking charge'. The driver will not be identified. I require the following information so that I can make an informed decision:

    1. Who is the party that contracted with your company and are the the landowner?
    2. Is your charge based on damages for breach of contract? Answer yes or no.
    3. Please provide photos of the signs that were in place on the 19 August 2016 which specified the parking rules.
    4. Please provide all photographs taken of this vehicle on 19 August 2016.
    5. Please provide proof that the timing of any camera or timer used was synchronised with all other cameras and was sufficiently calibrated.
    6. Please confirm whether the Parking charge notice was a notice to the driver or the registered keeper.

    I deny liability for any sum at all. I will keep a copy of this email and look forward to your reply.

    Yours faithfully,
    NAME AND ADDRESS
Page 3
    • Stuck2017
    • By Stuck2017 6th Dec 17, 10:51 PM
    • 20 Posts
    • 12 Thanks
    Stuck2017
    Good idea, thank you.
    • Johnersh
    • By Johnersh 6th Dec 17, 11:02 PM
    • 741 Posts
    • 1,377 Thanks
    Johnersh
    This is a "play it by ear scenario". One option may well be to ask the usher all means (all innocently) if the court has received a supplemental bundle as you are are still waiting for documents X Y Z in the order of the judge...

    The usher will then probably ask the judge and you may well find that he takes the point for you.
    • claxtome
    • By claxtome 7th Dec 17, 4:32 AM
    • 334 Posts
    • 334 Thanks
    claxtome
    How can CEL get away with not submitting a WS or any evidence.
    I wouldn't be surprised if CEL discontinue at the last moment as C-M pointed out in post #6.
    If it has not been discontinued I bet the judge won't be happy about them not following procedure and will say there is no case to answer.

    Remember to have your costs schedule ready when you win.

    Most of the people who help on this forum have been in your shoes and understand how you feel today.

    Good luck
    Last edited by claxtome; 07-12-2017 at 4:34 AM.
    • IamEmanresu
    • By IamEmanresu 7th Dec 17, 5:59 AM
    • 1,815 Posts
    • 3,205 Thanks
    IamEmanresu
    One option may well be to ask the usher all means (all innocently) if the court has received a supplemental bundle as you are are still waiting for documents X Y Z in the order of the judge
    This is the usual approach and the Usher will usually confirm if a bundle has been sent to the court - and not you.

    You can also ask the Usher to point out the person who is representing CEL in the waiting room. Or they may approach you. Whatever happens do NOT accept any paperwork they give you. Tell them to pass it to you in front of a judge.

    When you go in, the judge will ask the parties names and roles. When the judge turns to you, explain who you are and that you never received any paperwork from CEL both the first and the second time. The judge will likely strike the case out.

    IMPORTANT: Do not forget to ask for costs and suggest that given CEL's unreasonable behaviour you get costs for BOTH hearings plus the set aside fee.

    If you are getting nervous spend the time writing down how much you are owed, thinking of all the things you should be claiming for.
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.

    Send them that costs schedule though, 24 hours before the hearing, and file it with the court. Take with you evidence that you have sent the costs schedule to them and when.
    LoC
    • Stuck2017
    • By Stuck2017 7th Dec 17, 7:14 AM
    • 20 Posts
    • 12 Thanks
    Stuck2017
    Thank you all. I now have the school run to distract me from my nerves! I'll let you know how it goes...
    • nosferatu1001
    • By nosferatu1001 7th Dec 17, 7:51 AM
    • 1,164 Posts
    • 1,195 Thanks
    nosferatu1001
    Good luck ��
    • beamerguy
    • By beamerguy 7th Dec 17, 8:07 AM
    • 6,467 Posts
    • 8,290 Thanks
    beamerguy
    Thank you all. I now have the school run to distract me from my nerves! I'll let you know how it goes...
    Originally posted by Stuck2017
    Good luck, whoever attends from CEL will also
    be nervous
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • nosferatu1001
    • By nosferatu1001 7th Dec 17, 8:57 AM
    • 1,164 Posts
    • 1,195 Thanks
    nosferatu1001
    If anyone does! They dont have a huge record of turning up!
    • Loadsofchildren123
    • By Loadsofchildren123 7th Dec 17, 3:47 PM
    • 1,756 Posts
    • 2,870 Thanks
    Loadsofchildren123
    any news on the hearing?
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
    • Stuck2017
    • By Stuck2017 7th Dec 17, 5:14 PM
    • 20 Posts
    • 12 Thanks
    Stuck2017
    Result
    They didn't turn up to court today! So the judge struck out the case
    So, so pleased and relieved. Justice done.
    Thank you all so much for your help and support, I wouldn't have dared take CEL on without you guys.
    ..I know you'll want to know about costs. The judge awarded me £90 costs. I did ask for more based on the claimant behaving unreasonably but he was having none of it! Wasn't prepared to award costs for liturgy in person or printing/postage. I don't mind at all though just so relieved not to have to pay CEL one penny.

    Thanks again guys x
    • beamerguy
    • By beamerguy 7th Dec 17, 5:23 PM
    • 6,467 Posts
    • 8,290 Thanks
    beamerguy
    They didn't turn up to court today! So the judge struck out the case
    So, so pleased and relieved. Justice done.
    Thank you all so much for your help and support, I wouldn't have dared take CEL on without you guys.
    ..I know you'll want to know about costs. The judge awarded me £90 costs. I did ask for more based on the claimant behaving unreasonably but he was having none of it! Wasn't prepared to award costs for liturgy in person or printing/postage. I don't mind at all though just so relieved not to have to pay CEL one penny.

    Thanks again guys x
    Originally posted by Stuck2017
    Good news

    The courts must be fed up with the "NO SHOW CEL"

    I wonder what distant cloud they live on.

    So, they will have a time period to pay, you will know that,
    if they don't pay you can arrange with the court to send in
    the bailiffs which will cost them even more money.
    Sweet revenge on a scammer
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • claxtome
    • By claxtome 7th Dec 17, 6:06 PM
    • 334 Posts
    • 334 Thanks
    claxtome
    Great news. It is a good feeling when you win.
    Time to celebrate.
    • pappa golf
    • By pappa golf 7th Dec 17, 6:14 PM
    • 7,722 Posts
    • 7,999 Thanks
    pappa golf
    They didn't turn up to court today! So the judge struck out the case
    So, so pleased and relieved. Justice done.
    Thank you all so much for your help and support, I wouldn't have dared take CEL on without you guys.
    ..I know you'll want to know about costs. The judge awarded me £90 costs. I did ask for more based on the claimant behaving unreasonably but he was having none of it! Wasn't prepared to award costs for liturgy in person or printing/postage. I don't mind at all though just so relieved not to have to pay CEL one penny.

    Thanks again guys x
    Originally posted by Stuck2017

    yup £90 was less that hiring a solisitor for the day , sad innit that a COMPANY can take the £$%s out of the court system
    • Umkomaas
    • By Umkomaas 7th Dec 17, 6:19 PM
    • 15,915 Posts
    • 24,673 Thanks
    Umkomaas
    Good news

    The courts must be fed up with the "NO SHOW CEL"
    Originally posted by beamerguy
    I’m not sure that’s right BG, otherwise the judge would have been considering more than £90 costs against them. Failing to turn up twice must surely be pushing at the ‘unreasonableness’ threshold.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • beamerguy
    • By beamerguy 7th Dec 17, 6:54 PM
    • 6,467 Posts
    • 8,290 Thanks
    beamerguy
    I’m not sure that’s right BG, otherwise the judge would have been considering more than £90 costs against them. Failing to turn up twice must surely be pushing at the ‘unreasonableness’ threshold.
    Originally posted by Umkomaas
    Yes but you know what some of these judges are like
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
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