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Civil enforcement ltd claim form N1 help please

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  • edited 2 July 2014 at 10:39AM
    Dee140157Dee140157 Forumite
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    edited 2 July 2014 at 10:39AM
    Lauram I am not well versed in defences at this stage as I am still learning all the processes of appeals etc.

    However my gut reaction is that this appeal is far too short.

    I understand the witness statement and to the best of your ability given how long ago this was, this gives the outlines of the event.

    However the winning points are usually all the other points such as No GPEOL etc. These you need to cover in lots of detail later on.

    Did you buy the prankster's guide? I think I will probably need to do so soon so that I can help people like you. Although it is aimed at Parking Eye, most of the legal arguments remain the same for all parking companies.

    In the meanwhile for free you can download the basic guide from his site. Google "Parking Prankster guide" and then download from smashwords, the legal arguments. It gives a step by step guide of the main points to cover. I have just started reading that and it is really helpful. Even if you only file the skeleton defence list of points at this stage, you will have somewhere to go. I would put as many in as are applicable then this gives the court and idea of the sort of defence you are going to out forward. You may have 10 or more bullet points in this part of the defence.

    This will all then lead to your final point regarding being referred back to POPLA which from a court points of view could save them a lot of money, as it could take a long time to hear a case that is so well defended.

    And well done on getting the email to the CEO done. hopefully that will do the trick and mean none of this actually gets to court.

    Sorry I can help further than that, but I have to read up on it too before I can say anything really helpful.

    Good luck!
    Newbie thread: go to the top of this page and find these words: Main site > MoneySavingExpert.com Forums > Household & Travel > Motoring > Parking Tickets, Fines & Parking. Click on words Parking Tickets, Fines & Parking. Newbie thread is the first post. Blue New Thread button is just above it to left.
  • edited 2 July 2014 at 11:37AM
    ColliesCarerColliesCarer Forumite
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    edited 2 July 2014 at 11:37AM
    Hi Lauram,

    That's a good start but I agree with Dee that it needs expanding.

    Also I believe a witness statement does not need to be submitted until further down the court process i.e. after you have received and then return the directions questionnaire.

    I would also suggest you download the Pranksters guides. In the free legal arguments guide there is a very useful flowchart (on page 10 - I think).

    Take a look at the various legal arguments in section 1 and also check out section 2 - Suggested Intial Defence.
    If CEL never sent you a Letter Before Court Claim - points similar to those in points 1- 4 in that suggested defence will also apply to your defence.
  • lauram25lauram25 Forumite
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    Ah ok I didn't realise as I clicked on some links from the newbie section and on one of them someone had posted a defence for someone to use and that was it well except the statement n I had to take out the bits relating to parking eye.
    I didn't realise a defense had to be so lengthy. Back to the drawing board then.

    Thanks again
  • lauram25lauram25 Forumite
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    I have just received a reply from Co op care line via email and they have told me they can't do anything about the charge dropped.

    I'm going to look into my defense further as been told it's too short so will look for ideas via forums and then the guide someone recommended - I'm just concerned about purchasing it and it not making sense to me as I've already been lost a few times.

    Thanks
  • Dee140157Dee140157 Forumite
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    I think you need to go higher up the chain for the coop email.
    CEO would be a good person!
    Newbie thread: go to the top of this page and find these words: Main site > MoneySavingExpert.com Forums > Household & Travel > Motoring > Parking Tickets, Fines & Parking. Click on words Parking Tickets, Fines & Parking. Newbie thread is the first post. Blue New Thread button is just above it to left.
  • UmkomaasUmkomaas Forumite
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    And keep at your defence, because CEL have always folded once a credible defence has been submitted. In addition, their recent loss at the Court of Appeal will give them no stomach to try this stunt again.

    As long as you continue to take the fight to them (as opposed to cowering) the more likely you will stiff them, good and proper!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • lauram25lauram25 Forumite
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    Dee140157 wrote: »
    I think you need to go higher up the chain for the coop email.
    CEO would be a good person!

    I know but couldn't find a valid email for one.
  • lauram25lauram25 Forumite
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    Umkomaas wrote: »
    And keep at your defence, because CEL have always folded once a credible defence has been submitted. In addition, their recent loss at the Court of Appeal will give them no stomach to try this stunt again.

    As long as you continue to take the fight to them (as opposed to cowering) the more likely you will stiff them, good and proper!

    Yes thank you I just need to find some more guidance on what else to put in the defense.
  • Hot_BringHot_Bring Forumite
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    lauram25 wrote: »
    I know but couldn't find a valid email for one.

    Assuming it was a Co-op food shop here's the CEO of Co-op food :

    [EMAIL="steve.murrells@co-operative.coop"][email protected][/EMAIL]

    Richard Pennycook is the interim CEO so using the above format his email address is probably

    [email protected]
    "The darkest places in hell are reserved for those who maintain their neutrality in times of moral crisis." - Dante Alighieri
  • lauram25lauram25 Forumite
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    Hot_Bring wrote: »
    Assuming it was a Co-op food shop here's the CEO of Co-op food :

    [EMAIL="steve.murrells@co-operative.coop"][email protected][/EMAIL]

    Richard Pennycook is the interim CEO so using the above format his email address is probably

    [email protected]

    the richard one i had found previously and it bounced back but i will email steve.

    thanks
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