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Court papers from CEL (Co-op car park)
Comments
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This is highly unlikely to get anywhere near a court as, once a defence is put forward, CEL almost always back down. There are dozens of threads both here and on PePiPoo which confirms this as their modus op in such circumstances.
It's a game played by CEL to test who blinks first - and your eyes are already starting to flutter!
Prepare your defence (see post #5 in the NEWBIES sticky) then see if CEL blinks.
If you are determined to pay this then no one can stop you from doing so, but you are being a bit premature as you could wait right up to the allocated court date (which in all likelihood will never come through). So whether a CCJ is recorded in the first 28 days after a judgment against you is somewhat academic, as it's unlikely to ever get to that stage - you are fully in control.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.#Private Parking Firms - Killing the High Street0 -
As I said CEL cancel a week before hearings, every single time, why don't you follow our advice and then if it gets within a day of the hearing, pay them then? The amount would be the same as the claim. You could even pay the claim outside the court room if it got that far (it will not, do read the cases you will find in the search I suggest below in bold).This is why I intend to pay if I don't get a nice answer back from Co-op (I did word my messages strongly as suggested).
You have so many other options and sooo much more time to get this cancelled, you have months to just see this off, rather than planning a ridiculously early 'cave-in-and-pay-the-scammers a 3 figure sum' approach. In our experience, the Co-op will need more than one email to rattle them enough to step in and pay CEL off. Everyone sends a strong complaint first time like you, of course, and people get fobbed off at first as you've seen in the links. The MSE thread shows you what to say to make it clear how strongly you feel and to insist they sort it.
The pepipoo thread is a current info thread that happened to be written in 2007 and hasn't changed because nothing in it has changed, this is basic stuff about court procedure. Pepipoo is a current forum like this one and you can read dozens of examples of Co-op/CEL cases cancelled (discontinued) a week before the hearing and NONE proceeded (except Ms McCafferty's useful 'lost-by-CEL' Appeal case) by putting these words into Google:
civil enforcement claim discontinued before court site:forums.pepipoo.com
You will find loads and loads of pepipoo forum threads which prove my point and none which don't. Except for the CEL v McCafferty case, they never proceed to a hearing, as confirmed by Gan here on pepipoo in post #8:
http://forums.pepipoo.com/index.php?showtopic=91882
The latest behaviour from CEL is that they haven't even been submitting a 'reply to a defence' recently (i.e. people have submitted strong defences and CEL have ...done nothing, just gone quiet). Last year we found that CEL were proceeding a bit further but were then throwing in the towel just days before the hearings. If you can just calm down a bit - stop saying you are going to pay - and post a new topic on pepipoo like these people did:
http://forums.pepipoo.com/index.php?showtopic=91862
http://forums.pepipoo.com/index.php?showtopic=91849
...you may even find that Gan offers to help with your defence wording (but it is pretty easy to write if you read the NEWBIES thread here on MSE).
Sorry to repeat myself but I am astonished - honestly, it would be mad to pay. You don't even need a solicitor and we've told you in links what to put in your defence, including the McCafferty case which was won on Appeal and so is a persuasive 'nail in their coffin' decision exactly relevant to your case.
CEL are looking for mugs who would just pay up rather than defend. Don't be one of those, now you are here, please. Please rethink, there are loads of other posters here and on pepipoo in your shoes and not a single person has PAID! This is a scam and can be sorted out with no consequences.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 THREAD0 -
Thanks everyone for your encouragement. I will get started this evening on a possible defence.0
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I am glad to see that you are seeing it our way. These companies prey on the weak and the ignorant. Face them down and you will not go to court, what can they say, that yoiur overstay in a free car park cost them £100, "how" the judge will ask.
A County Court is not in the least intimidating and the judge is more than likely to be on your side, he knows what scammers PPCs are. In any event, it will not go to court as the PPC know that they will almost certainly lose and have to pay your costs and travel as well as their own. Sready the Buffs!You never know how far you can go until you go too far.0 -
Seen this from bargepole who helps people in small claims court cases:Thanks everyone for your encouragement. I will get started this evening on a possible defence.
https://forums.moneysavingexpert.com/discussion/5016317
We do know what we are doing on this forum, and on pepipoo, so you are in safe hands!
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 THREAD0 -
Thanks all for your help, but I no longer require assistance. The Co-op have responded to my complaint and have agreed to reimburse me for the full CEL amount. I have therefore taken them up on this to avoid the drawn-out hassle of court action.0
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Thanks all for your help, but I no longer require assistance. The Co-op have responded to my complaint and have agreed to reimburse me for the full CEL amount. I have therefore taken them up on this to avoid the drawn-out hassle of court action.
What that actually means is that the CO-OP have caved in yet again and paid CEL their blood money. If I was a CO-OP member I would be livid at the waste of member's money.What part of "A whop bop-a-lu a whop bam boo" don't you understand?0 -
Hi There,
I am new to this site and not quite sure how to use it so I hope I am doing this right!
I need help, my work takes me out of the country quite a bit I came home to a letter from the co-op stating that this letter was going to be the last one before I receive court action. For a parking ticket!!
But in the letter it states that as a result of my failure to pay they have been "unfortunately" left no option but to instruct solicitors to draft a Particulars of claim.
They are threating all sorts in the letter saying that if I don't pay they could seize my assets ect.
They want money from me that I cant afford.
Can somebody please help me - Can I stop this?
How would I go about writing a letter and to whom?
please help!!0
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