Civil Enforcement - County Court claim

van_doorn

In July 2013 I received a parking enforcement notice from CEL. I was 16 minutes over the 2 hours. The fine was £90, reduced to £45 if paid within 14 days.
I ignored this and received a reminder a month later which I also ignored.

In November and December 2013 I received three letters from Debt Recovery Plus Ltd. The first two demanding £140 and the third offering to reduce the payment to £112 to avoid court proceedings.
I have not replied to any of these letters.

CEL have now issued a county court claim against me for £130 citing breach of contract. The form looks genuine, however it is signed off by Andrew Mayor (Solicitor) but no mention of which company he works for.

I am now in the process of acknowleging the claim but need some advice as what I put down as my defence.
I have read through some posts on the board advising other members to contact the Co-Op who will pay the fine.
However, this does not rest easy with me as I feel it perpetuates the scam.
Any advice on my next course of action would be very welcome.

Regards
van doorn

da_rule

You need to acknowledge the service of the forms (which it appears you are doing) as this gives you more time.

In the Newbies sticky thread there is a link to an e-book by ParkingPrankster on how to write a defence, it's a couple of quid but well worth it.

The most important fact is to address every point raised by CE in their particulars of claim. And don't just deny things, you have to say why you deny it.

Umkomaas

If you want to fight the battle with CEL then ignore the advice to complain to the Co-op for them to get the monkey off your back.

Instead, go with developing a firm defence and 'see them in court'. Whichever way you decide to proceed, you MUST acknowledge the service of the court papers on you with the court and declare your intention to defend - this will give you an additional 14 days to prepare your defence.

You cannot ignore the court papers (even if you decide to go Co-op complaints route), otherwise there will be a default judgment filed against you.

CEL have folded previously when a strong defence has been launched; they only took on one case in court, and the judge royally handed them their sorry posteriors back!

The latest pursuit strategy via court seems to be centred on and confined to Co-op cases and is one, I'm sure, designed to screw monies from the Co-op more than from the motorist.

Coupon-mad

Read the 'small claims' post #5 in the NEWBIES sticky thread, shows info about what happens when, and defence points and people's experiences. Also read the CEL v McCafferty case listed as one of the 'court cases won' links there.

CEL have always bottled out of actual hearing anyway, except in her case, which they lost twice!

fil_cad

These greasy thugs are deliberately fleeceing the co-op, maybe the co-op deserve it for takeing the scammers onboard.

Umkomaas

fil_cad wrote: »

These greasy thugs are deliberately fleeceing the co-op, maybe the co-op deserve it for takeing the scammers onboard.

I hope that any organisation thinking of contracting with CEL do a Google search on them and comes across the Co-op saga. Then they will realise just what they are likely to be letting themselves in for.

Whilst their current strategy might earn them a quick buck from the Co-op, I suspect they are in danger of losing far more than they gain!

Oh dear, my heart is bleeding

Coupon-mad

I am hoping that the Co-op are paying these off without liability and planning to then sue for their losses...who knows, but that would be good.

van_doorn

Thanks very much for the advice from everybody.

It seems fair to say that these people rarely represent themselves in court if a decent defence is used.
If that is the case?
What happens then? Does everybody just walk away?
Can I charge them for my time and trouble not to mention my day spent at court?

regards
van doorn

Coupon-mad

Coupon-mad wrote: »

Read the 'small claims' post #5 in the NEWBIES sticky thread, shows info about what happens when, and defence points and people's experiences. Also read the CEL v McCafferty case listed as one of the 'court cases won' links there.

CEL have always bottled out of actual hearing anyway, except in her case, which they lost twice!

I already told you above, there's only been one case and they won't be wanting to repeat that in a hurry so defend robustly. Read the sticky thread links.