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  • FIRST POST
    • eits88
    • By eits88 30th Jun 17, 5:18 PM
    • 43Posts
    • 9Thanks
    eits88
    Court summons for civil enforcement ltd
    • #1
    • 30th Jun 17, 5:18 PM
    Court summons for civil enforcement ltd 30th Jun 17 at 5:18 PM
    Hi everyone, I would love some help, I'm new to all this but have been reading the posts on here extensively.

    To be brief on what happened - our car was parked inside a CEL car park where there the first 10 mins are free. While in there, our son was sick and vomited everywhere, and this caused a delay getting back to the car. When we got back to the car park a ticket was purchased because it was apparent our car had overstayed, so it was purchased to cover any overstay, if you like.

    About a month or so later the first letter arrived. I responded by writing an "appeal", telling them exactly what happened. This was refused of course.

    Thereafter the usual followed, letters from whoever, threats, requests to pay, etc.. I ignored them all. Finally a letter before court was received which I also ignored and now a court claim against us for £350, including the usual £50 legal fees, £25 court fees, etc...

    I have been on MCOL and registered my intention to defend myself for all. I am now stuck as to what I should be sending in to the court and CEL as my defence. I'm worried that these generic, but adapted defences are now so common that maybe they have found a way to contest them successfully - is this the case?

    Can someone please point me to the right defence script to adapt and send, as in, a recent one.

    Does anyone know if CEL have actually gone to court and won one of these? Also, what happens if they decide not to take it further, does the court let us know of this, or do we need to wait 6 years?

    I plan to fight CEL all the way, as a matter of principle. I plan to document all the steps and proceedings on this thread so as to give back to the forum and help others in the same position as me.

    Many thanks, most grateful for any help whatsoever.

    eits88
    Last edited by eits88; 01-07-2017 at 11:36 AM. Reason: Typos
Page 4
    • eits88
    • By eits88 8th Sep 17, 12:15 PM
    • 43 Posts
    • 9 Thanks
    eits88
    Thanks for your reply.

    So this letter is normal in terms of how these things progress, in your experience? What would they need to pay to take it to hearing?
    • Quentin
    • By Quentin 8th Sep 17, 12:38 PM
    • 32,794 Posts
    • 16,821 Thanks
    Quentin
    Yes normal progress. (The new Court should be one you asked for)

    Fee depends on claim. £25 for claim up to £300.

    If they win it gets added on to the claim amount
    • eits88
    • By eits88 8th Sep 17, 12:40 PM
    • 43 Posts
    • 9 Thanks
    eits88
    I see... So I'm surprised they don't go for it everyone since it's only £25 to them. What's stopping them proceeding?
    • Coupon-mad
    • By Coupon-mad 8th Sep 17, 12:40 PM
    • 50,061 Posts
    • 63,457 Thanks
    Coupon-mad
    Hi again, here's a quick update... Sent the questionnaire a couple of weeks back and today I received a letter from CCBC titled "notice if transfer of proceedings".

    The letter says "to all parties, thus claim has been transferred to the below county court hearing centre for allocation. On receipt, the file will be referred to a procedural judge who will allocate the claim to a track and give case management directions. Details of the judge's directions will be sent to you in a notice of allocation.

    If you would like any further information you can contact the local county court hearing centre directly but please await the judge's directions".

    Can someone in this forum please advise what are the next steps and is this letter basically saying that a hearing will indeed go ahead?

    Many thanks in advance for your reply.
    Originally posted by eits88
    Perfectly normal but already explained by bargepole in the 'KNOW WHAT HAPPENS WHEN' part of post #2 of the NEWBIES thread about the court process.

    We expect CEL to discontinue before the hearing, which if you read other CEL court threads, you'll see is happening all over the place (no hearings so far).
    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.

    • Quentin
    • By Quentin 8th Sep 17, 12:45 PM
    • 32,794 Posts
    • 16,821 Thanks
    Quentin
    I see... So I'm surprised they don't go for it everyone since it's only £25 to them. What's stopping them proceeding?
    Originally posted by eits88
    Were they to proceed then it's more money down the drain if (when!) they were to lose.

    They already spent £25/£35 on issuing the claim in the hope you'll be scared into paying!
    • eits88
    • By eits88 8th Sep 17, 12:48 PM
    • 43 Posts
    • 9 Thanks
    eits88
    Is now the time to email the court asking them for a strikeout?
    • Quentin
    • By Quentin 8th Sep 17, 12:55 PM
    • 32,794 Posts
    • 16,821 Thanks
    Quentin
    Not really. Wait till you get further correspondence


    Read up on court procedure as advised in #64
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