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  • FIRST POST
    • parist
    • By parist 28th Apr 17, 12:29 PM
    • 56Posts
    • 18Thanks
    parist
    Civil enforcement Ltd missed 14 days claim form
    • #1
    • 28th Apr 17, 12:29 PM
    Civil enforcement Ltd missed 14 days claim form 28th Apr 17 at 12:29 PM
    Hello,
    I need some advice with regards to the above parking company issuing a Claim Form on the 7th April at the County Court Business Centre in Northampton which is signed Civil Enforcement Ltd (Claimant's Legal Representative)

    The particulars of claim letter is signed by Ashley Cohen ( looks like a photocopy signature)

    It is now 28th April so the 14 day deadline has been missed. This has only been brought to light to me by my elderly mother who is the registered owner of the vehicle and who is unsure how to proceed.

    So I have taken it on board to help and hopefully sort it out for her.

    I am currently reading through the NEWBIES section and various boards to get a handle on this situation.

    Is it too late to register for MCOL? Seeing as the deadline for 14 days has passed.

    Any help would be most aprreciated as it's causing her enough stress as it is and now I've got to deal with this as she hasn't a clue.

    Many thanks

    P..
    Last edited by parist; 28-04-2017 at 12:39 PM.
Page 2
    • parist
    • By parist 31st May 17, 11:22 PM
    • 56 Posts
    • 18 Thanks
    parist
    MCOL update
    Just checked MCOL to see how the case is going.

    Excuse my ignorance but does anyone know what the last bit means?


    "Date of service of 19/04/2017 notified on 22/05/2017 at Xxx"

    Does that mean CEL was notified on 22/05/2017 ??

    Your acknowledgment of service was received on 02/05/2017 at xxx
    Your defence was received on 03/05/2017
    Date of service of 19/04/2017 notified on 22/05/2017 at Xxxx
    • Coupon-mad
    • By Coupon-mad 31st May 17, 11:26 PM
    • 50,161 Posts
    • 63,535 Thanks
    Coupon-mad
    Yes, I believe so.

    Now it will likely go quiet because CEL will drop the case. You will be able to check with the CCBC in about six weeks, in July, as to whether the case will be stayed due to the Claimant not proceeding. Patience, you will get there I am sure!
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • parist
    • By parist 1st Jun 17, 12:17 AM
    • 56 Posts
    • 18 Thanks
    parist
    Thanks coupon-mad!

    Must be a bit of a backlog at CCBC if CEL was only notified on 22/05/2017.

    Or is that a normal timescale for these cases.

    Yes, patience ...agreed
    • Coupon-mad
    • By Coupon-mad 1st Jun 17, 12:24 AM
    • 50,161 Posts
    • 63,535 Thanks
    Coupon-mad
    There is known to be a huge backlog at the CCBC, yes. At least 2 weeks. if not more, of unhandled post, I believe
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • parist
    • By parist 27th Jun 17, 3:52 PM
    • 56 Posts
    • 18 Thanks
    parist
    DQ (Direct Questionnaire) being sent
    Just been checking MCOL and found this:

    DQ filed by claimant on 25/06/2017
    DQ sent to you on 25/06/2017

    So looks like CEL are not dropping this case and are going ahead with the Direct Questionnaire.

    I guess this will appear in the post any day.

    Is this common practice from CEL?
    • parist
    • By parist 27th Jun 17, 7:30 PM
    • 56 Posts
    • 18 Thanks
    parist
    Is bargepole's suggested recommended answers to the Directions Questionnaire (form N180) suitable for most cases?
    • Coupon-mad
    • By Coupon-mad 27th Jun 17, 7:47 PM
    • 50,161 Posts
    • 63,535 Thanks
    Coupon-mad
    Yes, nothing has changed. Can't see CEL going to a hearing over this, though.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • parist
    • By parist 27th Jun 17, 8:07 PM
    • 56 Posts
    • 18 Thanks
    parist
    Thanks coupon-mad.

    Just when one thinks it's all over, another step in the long path to a conclusion. Like you said, the huge backlog is causing the delays.

    The fight goes on.

    I haven't had a chance to read the DQ yet as it's been sent to the owner/keeper of the vehicle.

    I presume it's generic and straightforward.
    • parist
    • By parist 4th Jul 17, 2:58 PM
    • 56 Posts
    • 18 Thanks
    parist
    Have posted the DQ (form N180) with the recommended answers to CCBC & a copy to the claimant.

    Should I send a pdf of the completed N180 to the MCOL account via ccbc@hmcts.gsi.gov.uk??

    Thanks for all the help so far.
    • Redx
    • By Redx 4th Jul 17, 5:16 PM
    • 15,526 Posts
    • 19,616 Thanks
    Redx
    no harm in doing so, then phoning them and asking them to add it to the case

    lamilad recently posted details on how to go anout this and what goes in the ehader
    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
    • parist
    • By parist 8th Jul 17, 11:10 PM
    • 56 Posts
    • 18 Thanks
    parist
    Have now received "Notice of Tranfer of Proceedings" allocated to my local county court.

    I also sent copy of the DQ to CEL.

    Should CEL have sent me a copy of their filed DQ?

    If not, does it matter if they don't send me one?
    • Coupon-mad
    • By Coupon-mad 10th Jul 17, 1:40 AM
    • 50,161 Posts
    • 63,535 Thanks
    Coupon-mad
    Yes they should. Just keep a score of everything you can later mention in your Witness Statement!
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • parist
    • By parist 16th Aug 17, 10:44 PM
    • 56 Posts
    • 18 Thanks
    parist
    Have received date of case at my local court.

    As expected no sign of CEL's DQ.

    Are most people getting this far with CEL, going as far as local court?

    Do I just turn up at court expecting a no show from CEL?
    • Coupon-mad
    • By Coupon-mad 16th Aug 17, 11:24 PM
    • 50,161 Posts
    • 63,535 Thanks
    Coupon-mad
    Yes, most people with CEL claims are getting the case allocated to their local court but none here have proceeded to a hearing (not to say none will though and you must jump through all your hoops, and let them trip up with theirs).

    Do I just turn up at court expecting a no show from CEL?
    Well no, it's not a case of just rocking up to the hearing.

    You've missed out the WS and evidence exchange, as your court letter tells you (and as the NEWBIES thread post #2 tells you as well). Sounds like you need to read bargepole's linked post there in the sticky thread again, about what happens when.

    If you have the court hearing date you will also know now, the date for your WS and evidence to be submitted to the Court and CEL. You will have seen that date/deadline for exchange of your case evidence, stated in the letter that we assume you've read thoroughly!
    Last edited by Coupon-mad; 16-08-2017 at 11:26 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • parist
    • By parist 17th Aug 17, 8:42 AM
    • 56 Posts
    • 18 Thanks
    parist
    Sorry, yes I know I need a WS. Ok I'll start working on things and get back to you.

    As always, many many thanks for your help and advice.
    • nosferatu1001
    • By nosferatu1001 17th Aug 17, 10:11 AM
    • 505 Posts
    • 604 Thanks
    nosferatu1001
    You can check if CEL have paid the hearing fee - and if not, the deadline for them to do so. f they dont pay by the deadline, you can ask the court to Stay the case, meaning no hearing until they pay £100 to lift the stay AND pay the hearing fee
    • parist
    • By parist 27th Aug 17, 5:46 PM
    • 56 Posts
    • 18 Thanks
    parist
    thank you for that idea nosferatu1001- i will check with my local allocated court.

    CEL have not still sent their DQ.

    but this week they sent a document headed "REPLY TO DEFENCE" on every page is also the heading:

    " IN THE LOCAL COURT AT xxxxx CLAIM NO: xxxxx"

    with a photcopied signature by Ashley Cohen.

    the covering letter is signed with a blue squiggle of a signature and Legal Team Civil Enforcement Ltd under the signature.

    would a copy of this have been sent to the local court also?
    Last edited by parist; 27-08-2017 at 7:31 PM.
    • parist
    • By parist 31st Aug 17, 1:18 PM
    • 56 Posts
    • 18 Thanks
    parist
    Can someone help me please.

    The letter I received from the local county court mentioned previously is a "General Form of Judgement or Order"

    Stating that the claimant (CEL) must file with the court a fully particularised reply setting out why the Defendant is liable and addressing the points in defence by a specified date and time.

    The deadline for the claimant to file is in about 9 days.

    I have called the court a few times but only got their recorded message which mentioned an email for correspondence. So I have emailed a request to find out if CEL have filed the reply.

    Am I correct in thinking that nothing will be actioned in terms of a court date until CEL sends its reply to defence to the local court, which they have already sent me stating things like:

    "the defendant has utilised a standard template which is readily available on the internet"

    "ParkingEye Ltd v Beavis (2015) UKSC 67, is of particular relevance..."

    I can post the reply to defence (without personal info) if that helps?
    • parist
    • By parist 2nd Sep 17, 10:55 AM
    • 56 Posts
    • 18 Thanks
    parist
    Got a reply from the court that CEL have not filed a reply yet.

    But CEL did send me a copy over a week ago.
    • parist
    • By parist 10th Sep 17, 10:03 PM
    • 56 Posts
    • 18 Thanks
    parist
    So the deadline for CEL to file with the court a fully particularised reply has passed.

    Have sent an email to the local court asking if CEL have filed their reply by the deadline (which they posted to the defendant over 2 weeks ago)

    So if the local court acknowledges non-receipt of CEL's fully particularised reply and failure to file.

    Can a simple email request to the local court to stay the case be made?

    Does the email request have to be specific in terms of wording?
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