Civil Enforcement Limited from Feb 2012

Revlongal

Hello,

I'm sorry for opening a new thread - but I have been reading the 'newbies' stickies and what feels like ALL of the other threads in this forum for hours now and I am still confused and stressed out about a potential court date.

In Feb 2012 I received a parking ticket for my vehicle allegedly over staying in a co-op car park by 6 mins.

At the time I came to this forum for advice and there were numerous threads stating that I should ignore the PCN and all of the numerous harassing letters that followed from Civil Enforcement Limited.

Eventually, although I found the whole experience quite distressing, the letters stopped and I thought no more of it.

Then, on 30th June 2015 - I received a letter from CEL stating;

Please be advised that you have left us with no alternative but to commence legal proceedings against you. We have enclosed a copy of the Claim that has been lodged at court. The court will write to you directly within the next 7 days.

We have also enclosed a letter from The Co-Operative confirming our authority and which we trust is self-explanatory.

Finally, for your consideration, we have enclosed a copy of the recent Court of Appeal Judgment, which we intend to rely upon to support our claim.

As well as the Co-Op letter and the Beavis court transcript I received an N1 Claim Form which stated the Brief details of the claim as being;

The Claim is for contractual feed due alternatively as damages for breach of contract arising from the non-payment of feed, or as damages for trespass.

Value - £215.00 plus interest pursuant to section 69 of the County Courts Act 1984 on the amount found to be due to the Claimant at such rate and for such period as the court thinks fit.

Then although the top right of the form lists Northampton County Court as the court - the "You must indicate your preferred court for hearings here" bit states Barnet Civil and Family Court Centre.

There is then a second sheet which lists the particulars of the claim which I am happy to type up if it is needed?

I still wasn't convinced at this point if this was some sort of last ditch scare tactic by CEL to try and get me to pay them some money. So I waited to see if anything else would actually arrive from the court..... It did (I'm not sure if that means that this letter was my LBCCC or not?!)

So on 11/07 (Saturday) I received another copy of the same Claim form as above but this one has got some stickers with what appear to be reference numbers stuck to it and a county court stamp and a further "Date of Service" stamp which states the 15 Jul 2015 (I don't know what that date relates to?)

Also in the envelope which came from somewhere called CCMCC in Salford - with the Claim form - was what I think must be a response pack? Which contains an Acknowledgement of Service form with a sticker stuck to it which I can only assume is my Claim No.

This evening, after reading loads of the threads on this forum - the only thing that I know I need to do is send back the AoS stating that I intend to defend all of this claim? (I saw some mention of being able to do this online at MCOL - but I don't seem to have the required "defence pack password" that the website is asking for?)

I will send this AoS back to the Money Claims Centre by first class post tomorrow.

Aside from that, I'm not sure what I should be doing next?

I know that since the alleged offence took place prior to PoFA, I as the registered keeper of the vehicle am not required to disclose who the driver was on the day in question?

I know that I can do something called a Part 18 request (although I am not sure who that should be made out to? Would that be "Mr M Schwartz" who appears to be the claimant's solicitor (even though there are no address details provided for him))

But aside from sending the AoS off and buying myself some extra time - I'm a bit baffled and confused about what else I should be doing to fight back against this?

I have honestly tried reading the various different threads recommended by people with similar queries to mine - but I think I have just overloaded my brain now and I've come to the conclusion that I can either ask for help here (free - but I might get shouted at for not doing the reading - which I swear I have done!! ) or pay the £215 and frankly - knowing how hard I have had to work to earn the £215 in the first place, I'd rather risk getting told off than hand a single penny over to these cowboys.

Thank you in advance to anyone who can offer me some advice.

Natasha

pogofish

Revlongal wrote: »

I'm sorry for opening a new thread - but I have been reading the 'newbies' stickies and what feels like ALL of the other threads in this forum for hours now and I am still confused and stressed out about a potential court date.

You missed this:

http://forums.moneysavingexpert.com/showpost.php?p=64350592&postcount=4

Stop worrying!

Umkomaas

@Revlongal - do have a read of many similar cases to yours over on PePiPoo - there's quite a number on the first couple of pages, along with responses constructed by 'Gan' who is very experienced in dealing with court issues - especially those relating to CEL/DEAL.

http://forums.pepipoo.com/index.php?act=SF&s=&f=60

chopperpilot

exact same thing has happened to me this week.

my PCN was April 2012 from CEL for a Coop car park. They're obviously going through old tickets and seeing what they can recoup!

my MCOL password was on the bottom right of the front sheet of the Court Claim Form pack, just above all the amounts claimed, in the Important Note section.

Interestingly, mine had no stickers on it and i only received the one copy, so perhaps my second copy is on its way.

From what i;ve read too, the Service Date is when the clock starts ticking for your replies : 14 days from that to get your AoS in, and then a further 14 days once thats done to get your defence in. In my case it says the service date is assumed to be 5 days after the issue date.

Umkomaas

Nice bit of contemporary advice @chopperpilot. It might be useful if you and @Revlongirl kept in touch with each other by PM (if necessary) and by tracking each other's threads as your cases move forward.

How's Catherine, George and Charlotte doing?

chopperpilot

So after I file my AoS, I believe I need to file a defense, so Im planning on using this one amended for my own circumstances as it seems to be aimed at PrePoFA2012 cases like ours.

http: //forums.pepipoo.com/index.php?showtopic=95325 (remove the space after "http:" to use the link)

i think you may be a week ahead of me in the process.

chopperpilot

same thought occurred to me Umkomaas ;-) wilco.

p.s. And I've only just got your reference to Kate, Geoge and Charlotte ;-) lol Shhhh....mums the word... Or should i say 'HM' s the word ;-) Anyway, I've more hair than him. just.

Half_way

Would it be possible to counter claim against the co-op?