Civil Enforcement LTD have now sent a Northampton County Court claim

Redx

angers wrote: »

Can I just clarify that I can still appeal a CEL ticket with POPLA??

only if a judge deems it to be a suitable ADR (or if CEL did) and CEL would be directed to (or minded to if done on their own) to give you a valid and new POPLA code

so yes I do believe it can be done if used as an ADR even for pre-POFA 2012 cases

its also a fact that only the driver can be held liable for any issues pre-POFA2012 too, so that can be used as a counter argument I believe

Coupon-mad

angers wrote: »

Ok, I did everything that was advised by everyone on here and these are the results:
Defence was written by someone on peppipo - sent to court
Co-op letter written and emailed. They have refused to help saying it has gone too far if it's at the small claims court. and today emailed a satisfaction survey!
The court have sent me a Notice of Proposed Allocation to the Small Claims Track' with a Small claims mediation questionnaire document N180 enclosed. I have no idea what this means.

Would anyone be so kind as to help me through this next stage please?

You should have read post #5 of the Newbies thread, which Umkomaas advised you to read on 28th June...to be fair, that's over month before the N180 arrived. Everything you needed to know was there including how to fill in the N180, a link to bargepole's explanatory threads and winning case and what happens when. It's great that Gan on pepipoo (presumably) wrote your skeleton defence argument but you will struggle to cope with the admin if you don't read the advice that's here staring you in the face on the top thread!

angers

I believe I am up to date with everything that I think I should be. I am reading the links on No.5 to keep me updated. I am really trying here, but I am dealing with personal issues to.

My most recent queries were around receiving another Claim form (N1) yesterday with identical information on. I can't find anywhere that anyone else has had this happened to. The only difference is that they have put on another £35. I have phone the court today and they don't know why it has happened but have said to send it back and defend the claim????


I have also been offered £80 buy the coop! Not sure whether to tell them to ram it or fight for more.

Coupon-mad

I would accept the £80 from the Co-op and bank it then defend the CEL claim and win like everyone else does. Take the £80 as 'apology money' for the hassle. CEL don't show up at Court and because of the CEL v McCafferty Appeal case being persuasive if you care familiar with it and it's in your defence bundle along with the usual arguments, I would be astonished if you could lose in court (if they did turn up!).

angers

Just to update, I've now been given a date by my local court.

Ryan_Bryan

angers wrote: »

Just to update, I've now been given a date by my local court.

Angers. I hope you remain calm and by now after reading many threads here and Pep, have realised that CEL actually turning up in court seems 99% unlikely. So, in the event of that 1% you need to get your defence in place and turn up on the day fully prepared. If CEL don't turn up and the Judge strikes out the case remember to ask for full costs which I think will amount to £90.
Then never shop in Co-op again.

Coupon-mad

angers wrote: »

Just to update, I've now been given a date by my local court.

So start collating your costs then. CEL won't turn up and you can pass Go and collect your 'free £100' (i.e. claim your costs when CEL don't turn up)which is what is on emanresu's signature on pepipoo. Such as here, look at the small words under emanresu's advice:

http://forums.pepipoo.com/index.php?showtopic=92635

...also read Boris the Spider's thread there.

I hope you've read the info that came with the court date as it will tell you your filing date for your full defence including your exhibits (evidence), such as the McCafferty case and your DEAL letter if you got one. You have to submit your full defence by a certain date and then have copies printed out, all organised & ready for your hearing (even though they won't appear). And a list of your costs including travel and parking(!) or mileage and lost income for the day, and stationery, postage, printing, etc.

angers

Apologies for the delay in reply.... problematic internet...


Thank you for the support so far.


I have noted the date that the info has to be ready and in by, which is mid October.


I have gathered info and will now start collating it for the hearing. I'll update when I've got through the list and make sure the defence is faultless.


It didn't register I could charge for the wasted time, so I will list that too. Including the additional duplicate claim CEL tried to impose upon me.


Many thanks

Coupon-mad

Which local court and date? We like to keep tabs on cases and sometimes 'we' are local enough to offer help. Definitely go with the costs listed on a separate sheet, ready to claim from the Judge on the spot.

angers

Apologies. I was knocked off my bike a little over a week ago and have suffered concussion since.


Its the Bristol court on the 23rd October 10am.