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  • FIRST POST
    • tim2000
    • By tim2000 29th Jun 17, 8:04 AM
    • 18Posts
    • 2Thanks
    tim2000
    Urgent Help needed with CEL court claim form please
    • #1
    • 29th Jun 17, 8:04 AM
    Urgent Help needed with CEL court claim form please 29th Jun 17 at 8:04 AM
    I recently got a county court claim form for a private car park saying owe them some money, (Claimant is Civil enforcement limited)about a week later I received the particulars of claim and on it it says I over stayed in a local shop car park with date and time and then they quoted the "Vine v Waltham forest London borough council [2000] 4 AII ER 169. and ParkingEye Limited v Beavis as the supporting case study to support their case.

    My problem is this, I had not received anything prior to this claim form been sent, in the particulars of claim it said their client operate an ANPR cameras but they did not provide me with any photos or evidence.

    I need help please, what do I need to do
Page 2
    • nosferatu1001
    • By nosferatu1001 23rd Aug 17, 2:37 PM
    • 497 Posts
    • 590 Thanks
    nosferatu1001
    Especially as you just posted this on pepipoo

    You cant just sit passively, waiting for each next step and only then bothering to ask about it.

    Research. Do your OWN legwork.
    • tim2000
    • By tim2000 23rd Aug 17, 4:00 PM
    • 18 Posts
    • 2 Thanks
    tim2000
    Go to the NEWBIES FAQ sticky, post #2, where all your steps in dealing with a small claim are detailed.

    You need to really understand the process through thoroughly reading the above, then you will understand what any next step might be, then you're one stride ahead of the game and neither surprised nor shocked by what drops through your letterbox.
    Originally posted by Umkomaas

    To be honest I was hoping after putting the defense in that would be the end and they wouldn't go any further. I will go do some home reading then - Thanks
    • Coupon-mad
    • By Coupon-mad 23rd Aug 17, 4:08 PM
    • 49,992 Posts
    • 63,387 Thanks
    Coupon-mad
    It doesn't work like that!

    The NEWBIES thread tells you how to complete this easy paperwork stage.
    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.

    • tim2000
    • By tim2000 24th Aug 17, 10:50 AM
    • 18 Posts
    • 2 Thanks
    tim2000
    It doesn't work like that!

    The NEWBIES thread tells you how to complete this easy paperwork stage.
    Originally posted by Coupon-mad
    Right! Home reading done and ready to complete my questionnaire I apologise for my laziness.

    Quick question thou, must I fill in my telephone number, dont want the claimant having access to my number
    • Umkomaas
    • By Umkomaas 24th Aug 17, 10:55 AM
    • 14,525 Posts
    • 22,856 Thanks
    Umkomaas
    Is entering your phone number mandatory on the form? You could use your mobile number then should you get any 'dodgy' call, put a block on the number. Many landline telephones do the same too.
    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.
    • tim2000
    • By tim2000 24th Aug 17, 10:58 AM
    • 18 Posts
    • 2 Thanks
    tim2000
    Is entering your phone number mandatory on the form? You could use your mobile number then should you get any 'dodgy' call, put a block on the number. Many landline telephones do the same too.
    Originally posted by Umkomaas
    that's what am not sure about, don't know if I can just leave that part blank, i guess it might be needed if using the mediation service but as I am not, I don't see the relevance.
    • tim2000
    • By tim2000 24th Aug 17, 10:59 AM
    • 18 Posts
    • 2 Thanks
    tim2000
    Also so far I still haven't received any proof of the incident from the claimant or any other paper work, Is this normal?
    • nosferatu1001
    • By nosferatu1001 24th Aug 17, 11:31 AM
    • 497 Posts
    • 590 Thanks
    nosferatu1001
    Yes, it is CEL. They have no intention of going to a hearing, I would expect.
    We've already had our first discontinuance of these "New" CEL claims on pepipoo, AFTER allocation to a local court but I believe before paying the hearing fee.

    It is also small claims. As there is no "discovery" process, it is highly likely you will never see a claimants evidence until they file their WS and adduced evidence bundle, as little as 14 days before the hearing.
    • tim2000
    • By tim2000 24th Aug 17, 2:53 PM
    • 18 Posts
    • 2 Thanks
    tim2000
    Ok so so far this is what has been done

    A1 - yes
    B - personal details
    C1 - y
    D1 - local court
    D2 - n
    D3 -1
    • bargepole
    • By bargepole 24th Aug 17, 3:10 PM
    • 2,065 Posts
    • 5,871 Thanks
    bargepole
    You can put your phone number on the copy for the Court, then blank it out when you photocopy the form to send to CEL.
    Speeding cases fought: 24 (3 of mine, 21 for others). Cases won: 20. Points on licence: 0. Private Parking Court Cases: Won 28. Lost 9.
    • tim2000
    • By tim2000 13th Sep 17, 11:14 AM
    • 18 Posts
    • 2 Thanks
    tim2000
    Hello Guys,

    Just realised i have done a massive booboo!! on the DQ i said yes to the first question (which means i agree to mediation service) instead of No, even everything else says no.

    I have got contact from the mediation service, will it count against me later on if I apologise and decline mediation now?

    thanks
    • nosferatu1001
    • By nosferatu1001 13th Sep 17, 11:29 AM
    • 497 Posts
    • 590 Thanks
    nosferatu1001
    No, nothing said or not in mediation can be used "against" you
    You could also go in with a firm "drop hands" (each side bears their own costs todate, noone gets any money fro mthe court) if they drop the case now, and dont accept anything else.
    • tim2000
    • By tim2000 13th Sep 17, 11:32 AM
    • 18 Posts
    • 2 Thanks
    tim2000
    No, nothing said or not in mediation can be used "against" you
    You could also go in with a firm "drop hands" (each side bears their own costs todate, noone gets any money fro mthe court) if they drop the case now, and dont accept anything else.
    Originally posted by nosferatu1001
    Can I just say to them no thanks but I dont need you
    • nosferatu1001
    • By nosferatu1001 13th Sep 17, 11:34 AM
    • 497 Posts
    • 590 Thanks
    nosferatu1001
    Yes of course you can.
    • Umkomaas
    • By Umkomaas 13th Sep 17, 11:36 AM
    • 14,525 Posts
    • 22,856 Thanks
    Umkomaas
    Can I just say to them no thanks but I dont need you
    Originally posted by tim2000
    If you're going to speak with them then there's no harm in trying to squeeze a 'drop hands'. Even if they won't agree to that, it might give you an idea of what they're asking for, and you might, from that, get some sense of how strong a case they feel they have. You don't speak to the parking company, just to the mediator who relays the comments back and forth.

    Why waste that opportunity?
    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.
    • tim2000
    • By tim2000 13th Sep 17, 11:39 AM
    • 18 Posts
    • 2 Thanks
    tim2000
    If you're going to speak with them then there's no harm in trying to squeeze a 'drop hands'. Even if they won't agree to that, it might give you an idea of what they're asking for, and you might, from that, get some sense of how strong a case they feel they have. You don't speak to the parking company, just to the mediator who relays the comments back and forth.

    Why waste that opportunity?
    Originally posted by Umkomaas
    thanks will do that
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