Civil Enforcement Ltd (Co-Operative) Court Claim for PCN

mumwantsjustice

Last Monday I received a County Court Claim Form. The claimant is Civil Enforcement Limited and their client The Co-Operative.

I can remember receiving some sort of PCN in the post a while back now March or April 2013 but ignored them. Silly thing to do, looking back now. :mad:

Brief details of claim
The claim is for contractual fees due alternatively as damages for breach of contract arising from the non-payment of the fees, or as damages for trespass

Value
£215.00 plus interest pursuant to section 69 of the County Court Act 1984 on the amount found to be due to the claimant as such period as the court thinks fit.

Now after a few simple searches on the web I found some photos of the same letter enclosed with the claim form with the exact same wording, reference number and date. Strange?

I will be sending the Acknowledgement of service back to the County Court Money claims centre tomorrow morning. I intend to defend all of the claim.

1. There was no contract between the driver and The co-operative or CEL
2. Neither party suffered a loss
3. The charge is a penalty and therefore unenforceable.

Please could anyone help in this matter? I would really like help drafting my defence letter.

Thank you.

Northlakes

This is a good read for starters,
http://forums.pepipoo.com/index.php?showtopic=93438&st=160&start=160

Umkomaas

This needs to be dealt with, and in quick order. Have you acknowledged service of the claim and state that you will be defending the claim? This will give you 14 additional days (on top of the basic 14 days) to commence the process of your defence.

Redx

check post #5 of the NEWBIES sticky thread

mumwantsjustice

Excuse the late reply. Had some technical matters to sort out. I will be returning the acknowledgement tomorrow. I am so scared that the judge will find in CEL's favor.

mumwantsjustice

Redx wrote: »

check post #5 of the NEWBIES sticky thread

I've spent time looking a post #5 but I'm still so confused

mumwantsjustice

Umkomaas wrote: »

This needs to be dealt with, and in quick order. Have you acknowledged service of the claim and state that you will be defending the claim? This will give you 14 additional days (on top of the basic 14 days) to commence the process of your defence.

This is will be sent tomorrow without fail.

ColliesCarer

By my reckoning you received the papers on 1/6/14.

You are in danger of not acknowledging service within 14 days.

If that happens CEL will win by default.

Do not wait until tomorrow - get the Acknowledgement of service done today ! - on line using Money Claims on Line (MCOL)

It's fairly easy to do - tick I intend to defend the claim in full

The_Slithy_Tove

mumwantsjustice wrote: »

I am so scared that the judge will find in CEL's favor.

You only have to search around for the dozens and dozens of threads concerning CEL and court, to know that's not going to happen. A decent defence and they won't even show up (though they'll pull all sorts of tricks on you to make you not show up yourself and hence lose, so watch out). And if it's actually DEAL who are suing, rather than CEL, then they have all sorts of additional problems.

Umkomaas

Here's a very good account of how a determined motorist not only batted CEL/DEAL away, but took them for a pile of costs too.

http://forums.pepipoo.com/index.php?showtopic=93438

There are plenty of other cases over on Pepipoo, so have a look around there. Lots of great advice on how to tackle CEL/DEAL.

BUT - your absolute priority right now is to get that Acknowledgement of Service sent off.

bluetoffee1878

This is my thread on pepipoo:

http://forums.pepipoo.com/index.php?showtopic=95326

It was very similar to the link in one of the previous posts, and we kind of helped each other along the way.

Although it was a claim from DEAL, they are one and the same company. They are easy to beat, but you will have to put a bit of work into it.

Above all, your absolute priority is to get the AOS sent in.

When that is done start reading up and come back here for any help you need.