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  • FIRST POST
    • Muddy Funker
    • By Muddy Funker 15th Sep 17, 11:42 AM
    • 5Posts
    • 3Thanks
    Muddy Funker
    Civil Enforcement DQ stage.
    • #1
    • 15th Sep 17, 11:42 AM
    Civil Enforcement DQ stage. 15th Sep 17 at 11:42 AM
    Hi Guys,

    Firstly thanks for taking the time to read this I know how much of it the regulars contribute.

    I've read pretty much everything I can (I think) but have a quick question.

    I'm at the DQ stage having taken the common route, CEL, ZZPS, Right Hassle. This is the first PCN I've had in ages so ignored it up until the letter of claim (I now know that was wrong).

    The letter I've received is the Notice of Transfer of Proceedings, trouble is it's allocated to Liverpool? I know that's CELs home turf.
    I was under the impression that the hearing if there is one is heard at the defendants court of choice, mine being Peterhead (Scotland)

    Ah, as I'm writing this I think I may have just realised what's happened. I moved up to Scotland from England a year ago. Could it be that a Scottish court aren't allowed to be used for case that began in England?

    Liverpool is a bit far and why should it to be easy for these clowns.

    I've emailed the court but haven't heard back as yet, is it possible to get the location changed?

    Many thanks in advance.
Page 1
    • Coupon-mad
    • By Coupon-mad 15th Sep 17, 11:58 PM
    • 51,502 Posts
    • 65,109 Thanks
    Coupon-mad
    • #2
    • 15th Sep 17, 11:58 PM
    • #2
    • 15th Sep 17, 11:58 PM
    The letter I've received is the Notice of Transfer of Proceedings, trouble is it's allocated to Liverpool? I know that's CELs home turf.
    I was under the impression that the hearing if there is one is heard at the defendants court of choice, mine being Peterhead (Scotland)
    You need to tick the box to contest jurisdiction in the DQ form (N180), pointing out that you stay in Scotland, which is your permanent home, and are outside of the jurisdiction of Liverpool County Court. And as an individual Defendant you object to allocation to the Claimant company's local court in England. Also point out that Civil Enforcement cannot use MCOL for a Scottish resident (did they remove the word 'Scotland' from your address on the claim form?) so the claim should have been struck out.
    Last edited by Coupon-mad; 16-09-2017 at 12:00 AM.
    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.

    • Muddy Funker
    • By Muddy Funker 16th Sep 17, 9:53 AM
    • 5 Posts
    • 3 Thanks
    Muddy Funker
    • #3
    • 16th Sep 17, 9:53 AM
    • #3
    • 16th Sep 17, 9:53 AM
    Thanks for the reply Coupon.

    A little more info, the PCN goes back to August last year. We moved up to Scotland a couple of months later and it was only due to having a postal re direct in place that I got any of the paperwork.

    So in answer to your question the claim form was sent to my old English address but was re directed to where I live now in Scotland.
    Bit different this one isn't it, that's why I thought I'd better post as searching didn't give me any answers.

    So should I be sending another N180 to the CCBC email address and asking them to strike out the claim?

    The joke of it is that it was a phone and pay affair which I actually followed as directed, found out later it didn't work hence the PCN.

    I'm also a cop so the threat of court doesn't bother me in the slightest, it's just these guys are like a dog with a bone they just don't seem to give up.

    Again, really appreciate the reply thanks.
    • Coupon-mad
    • By Coupon-mad 16th Sep 17, 2:26 PM
    • 51,502 Posts
    • 65,109 Thanks
    Coupon-mad
    • #4
    • 16th Sep 17, 2:26 PM
    • #4
    • 16th Sep 17, 2:26 PM
    So should I be sending another N180 to the CCBC email address and asking them to strike out the claim?
    Yes, you should explain to the CCBC that you didn't realise that you should tick to 'contest jurisdiction' but in fact, you do contest the jurisdiction of the English County Court in this matter, because the Claimant used an old address which is not your home address for service, which is:

    xxxx
    xxxx
    xxxx
    Scotland

    and if you can attach a utility bill in your name to prove the truth of this statement, do so NOW.

    Don't forget to clearly state that you object to the hearing being allocated to Liverpool, or any English County Court.

    State as well that you do NOT consent to a hearing on the papers either and in addition, the Court's attention is drawn to the fact that, as registered keeper you can't be held liable because this Claimant on its own admission, does not rely upon the POFA 2012 Schedule 4, thus the entire claim is misconceived and has no cause of action in law anyway.

    Also send a copy to Liverpool County Court (they are fairly useless at understanding the PPC scam, so it is VITAL you steer it away!).

    Copy in the Claimant and tell them in a robust email, to do one. Really assertively.
    Last edited by Coupon-mad; 16-09-2017 at 2:30 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.

    • Muddy Funker
    • By Muddy Funker 19th Sep 17, 9:05 AM
    • 5 Posts
    • 3 Thanks
    Muddy Funker
    • #5
    • 19th Sep 17, 9:05 AM
    • #5
    • 19th Sep 17, 9:05 AM
    Been away from the comp a couple of days.

    All received coupon thanks for that.

    I'll update the thread after I finally boot these morons to the kerb.

    All the best.
    • Muddy Funker
    • By Muddy Funker 24th Oct 17, 5:05 PM
    • 5 Posts
    • 3 Thanks
    Muddy Funker
    • #6
    • 24th Oct 17, 5:05 PM
    • #6
    • 24th Oct 17, 5:05 PM
    Hi Guys,

    As promised an update as dare I say it, it looks like I'm finally there.

    Following the email I sent to CCBC the court was changed to Carlisle (bizarre) and a letter was sent out from this court that gave me some confidence they know what these shysters are up to.

    The letter said "Upon it appearing to the court that the claim form does not contain sufficient details of the basis of the claim or the basis for the damages sought.

    It is ordered that:

    !. Unless the claimant by 4pm on 23rd Oct 17 files and serves detailed particulars of claim, the claim shall be automatically struck out.

    2. I can amend defence ect,,,,


    Well I gave this court a bell a few hours ago and as expected nothing of the sort has come through so the chap said he'll pass the file onto a judge to get it struck out.

    I let him know what a disgrace it is these companies abusing the court process but he obviously had to remain professional (I didn't).

    Hopefully I'll get written confirmation and hear no more from the CEL morons.

    I'm probably going to make a formal complaint to the MCOL people for never answering emails and failing to stop this in it's tracks due to the cross border issue.

    Anyway good luck all and thanks for the collective help and info, kick these companies to the kerb :-)
    Last edited by Muddy Funker; 24-10-2017 at 7:33 PM.
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