Civil enforcement parking fine: Court papers received

woolymamoth

Hello in January 2012 I received a parking ticket from civil enforcement Ltd after my car was parked in a coop car park, after reading advice on this site I ignored all further correspondence.

Last week I received court claim papers which on checking with Northampton court are real. I have been to citizens advice and they say to pay immediately.

This feels wrong to me as you are all adamant it should not come to that please could someone advise me?

Thank you in advance!

zaax

read http://forums.pepipoo.com/index.php?showforum=60 and you will find that the papers have to come form the owner and they have t list their loss in detail.

Marktheshark

Yep, that Citizens advice, just pay scam claims.
They are speculating at the moment and unless you intend to pay, you will have to defend the claim.
Who is listed as claimant, + who has signed the papers (name of solicitor) and on behalf of who.

woolymamoth

Hi thanks for replying The claimant is debt enforcement and action ltd and the solicitor is mr m shwarts

Coupon-mad

Yes we know who issued it, if you search 'CEL DEAL' as keywords you will find umpteen threads telling you how to acknowledge & defend this.

Was it in Sussex or not, by the way? Where?

This is shocking:

I have been to citizens advice and they say to pay immediately.

Absolutely shocking advice from the CAB. DO NOT PAY - NO-ONE ENDS UP PAYING THIS AS LONG AS THEY DEFEND!

Read this for starters:

http://parking-prankster.blogspot.co.uk/2014/11/mr-m-shwarts-does-not-appear-to-be.html

then read this:

http://forums.moneysavingexpert.com/showpost.php?p=64350600&postcount=5

Then read OTHER THREADS LIKE YOURS. There are LOADS and I am not linking them, you need to find them, easily found but get searching the forum and researching this properly, it's easy to defend but involves you reading what to do.

woolymamoth

Hi Coupon -Mad sorry I should have researched further, it is so easy to get lost in so many threads when you are new to this site so I do appreciate the link someone gave earlier as that has been very helpful as are the newbie sticky posts!

It was in Croydon actually

yes I was very surprised at CAB they pretty much laughed at me and said that i was silly to believe people on forums!


Anyway thanks for pointing me in the right direction! and the posts you put I feel more confident now

Marktheshark

First things, impersonating a solicitor is a criminal offence, you have just as much right to report this as the SRA, contact the police and request to make a complaint against the company on the basis that you believe someone at the company is attempting to commit fraud by false representation by impersonating a solicitor contrary to Legal Services Act 2007.
Demand they investigate.
The SRA are aware and as usual it might if they can be bothered take years for them to even begin an investigation.
Mr m shwarts does not exist (to the best of everyone knowledge including the SRA)and in that case who has filled the court papers has impersonated a solicitor.

If you are up for a challenge and want to help stamp this out, by filing a counter claim for harassment you can make sure they can not just throw the case and therefore have to appear before a judge to explain this "solicitor" .
I would certainly consider this as well as filing a standard defence based upon.
No locus Standi (they do not own the land or have contractual interest in it )
No right of audience (the signatory is in fact not a solicitor therefore unable to bring or instigate claims against anyone on behalf of anyone as they don't exist, state you require this person to attend court for questioning )
Unlawful penalty and not representative of any loss either pre-estimated or genuine (dunlop case law).
The usual parking stuff about sign-age etc.
File counter claim £500 sounds good for harassment caused by falsifying a solicitors details upon an official court form.
You might not get it but boy would I like to be a fly on the wall.

I wonder if they would even dare turn up ?

woolymamoth

Hi Marktheshark. I have the email address to complain about the solicitor do I just send copys of the papers he signed to them? do I need to explain that i know he is fake? as I have only read about him being fake...


I always love a challenge but unfortunately just defending this myself is daunting enough for now and I would have to pay to counter claim which I cant afford at the moment

Coupon-mad

You don't have to pay to defend though, so defend. There's a thread on here where someone has just typed up a perfectly good DEAL defence.

Redx

and its pre-pofa 2012 too , so plenty of good arguments and rebuttals to put forward, even if they turned up in court

woolymamoth

I need to read more of the newbie sticky stuff as I'm not sure what my argument is for ignoring it all in the first place!?

Also if I lose will I need to pay court costs? Il phone Northampton court again tomorrow

Why can they do this to people!?