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co-op and c.e.l. date of service 02/07/2014

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Hi,

I have a court claim form from CEL with a date of service of 02/07/2014 at Barnet Civil and Family Court Centre from CEL. (It was a co-op car park).

The date of the alleged offence is 22/04/2012. I've always been told to ignore letters and this is what I have done. I've shredded the lot of them.

I didn't think that they would take me to court!

Is the advice I have read about pre Sept/Oct 2012 to ignore the letters and do nothing correct or not?

If the advice is incorrect then is it too late to appeal or do I just read through the sticky and make an appeal?

Thanks

Clippert

Comments

  • Coupon-mad
    Coupon-mad Posts: 152,063 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Did you not stop and read a few threads before posting?

    https://forums.moneysavingexpert.com/discussion/5004801

    :)

    Amazed you have posted next to that thread but not read it?! Advice the same for you. This crops up all the time and the sticky thread has a link about it (post #5).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • fil_cad
    fil_cad Posts: 837 Forumite
    Part of the Furniture 500 Posts Photogenic
    There takeing you to court because they know if you complain to the co-op they will pay the whole amount of cash into CELs grubby bank account, they must be high up on the scammers of the year award.
    PPCs say its carpark management, BPA say its raising standards..... we all know its just about raking in the revenue. :eek:
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    they have up to 6 YEARS to take the DRIVER to court , if they have locus and if they know who the driver was ! (I assume that this case is the RK and so may or may not be the driver - clearly you dont admit anything)

    one piece of advice that never changes is NEVER ignore any LBC or court papers like an MCOL (small claims) , so it would have been ignore any letters from CEL or from debt collectors until oct 2012 when POFA 2012 came in

    this OP did post in the other thread earlier but somebody asked them to post their own thread to save on confusion between 2 different cases

    as mentioned above, CEL are doing this to try to get the coop to pay for disgruntled customers, which was blogged about a few months ago on parking pranksters website, as well as over a dozen threads on here this year alone


    so research is the key
  • The_Slithy_Tove
    The_Slithy_Tove Posts: 4,097 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    fil_cad wrote: »
    There takeing you to court because they know if you complain to the co-op they will pay the whole amount of cash into CELs grubby bank account, they must be high up on the scammers of the year award.
    any
    Yes, strange how CEL are suddenly issuing a number of claims for pre-POFA parking incidents. Clearly they have no hope at court (even if they showed up, which they rarely do). Another utter abuse of the court system, for which they should be held in contempt, as they are clearly doing this for the reasons you stated. Could the Co-Op possibly do anything else to make their reputation as an ethical, well-run company any worse than it currently is?
  • clippert1
    clippert1 Posts: 5 Forumite
    Coupon-mad wrote: »
    Did you not stop and read a few threads before posting?


    :)

    Amazed you have posted next to that thread but not read it?! Advice the same for you. This crops up all the time and the sticky thread has a link about it (post #5).

    Yeah mate, I read some threads (there is a lot of them) and I posted in another thread about my similar situation with the co-op (didn't really want to start a new thread) and was advised by another member to start my own thread.

    sorry for taking up forum space.
  • clippert1
    clippert1 Posts: 5 Forumite
    Does it make any difference that i wasn't driving?

    My husband was driving on the day.
  • jkdd77
    jkdd77 Posts: 271 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Yes, if you weren't driving, then that would be a valid defence point, although it should be used in addition to, not instead of, the usual defence points on privity of contract/ penalty charges (etc).
  • jkdd77 wrote: »
    Yes, if you weren't driving, then that would be a valid defence point, although it should be used in addition to, not instead of, the usual defence points on privity of contract/ penalty charges (etc).

    thanks,

    so essentially i have to prove that i did not enter into any contract and that the co-op did not lose the amount of the fine by me parking there on a Sunday morning in a car park that can accommodate 150 cars and there was only half a dozen in there.

    update - I've emailed the co-op and they are going to contact me next week.

    as in the above posts - it seems quite clear that they are scamming the co-op by sending out these court claim letters.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    as they can only take the driver to court, if they dont know the drivers details (and you dont tell anyone), then clearly the RK isnt liable as its pre-POFA 2012, - that is certainly one good defence point but dont let up hounding the co-op
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