Civil Enforcement Ltd - Draft court letter **Urgent HELP pls**

N4D5

Hi guys,

Hoping for some urgent help please.

Have read through quite a bit over a few different sites the last few days and didn't want to post unless i really couldn't find anything.

I have received the a letter (6 pages) from Civil Enforcement Ltd. They have attached some precedent case and other info.

The letter is addressed to me and I have removed this form the pages.

The original letter was addressed to me and at the time, I'm sure nearly 2 years ago, back then I read up and it was an ignore letter.

They sent the same blue letter twice followed by a red version. At the time i read again and was advised to ignore.

I've now received the letter (which i cant attach due to user restrictions), feels like an ignore letter again however want to make sure, as I've never had any dealing with the law and am getting a little stressed. I've been signed off work due to ill health and this is just not helping at the moment.

Please can someone suggest next steps and also a way to stop this once and for all.

Thanks and really appreciate any help.

Can someone please attach the photos of the letter for me if i PM them they have been saved to photobucket.

Nad

70SRG

Looks as if 'Civil enforcement ltd' are delving through the old filing cabinet to try and get some revenue in for the christmas party ?

i have just received a 'letter before action' document together with a (draft) particulars of claim which doesn't even give the date of the supposed parking ticket. together with a press summary from the 'supreme court' outlining an old case.

i have ignored them for this long, think its been about 3 years at least and have no intention of dealing with these criminals.

N4D5

70SRG wrote: »

Looks as if 'Civil enforcement ltd' are delving through the old filing cabinet to try and get some revenue in for the christmas party ?

i have just received a 'letter before action' document together with a (draft) particulars of claim which doesn't even give the date of the supposed parking ticket. together with a press summary from the 'supreme court' outlining an old case.

i have ignored them for this long, think its been about 3 years at least and have no intention of dealing with these criminals.

Seems like you have had the same as me, if someone with higher post count could please attach the letter for me i would be grateful.

Umkomaas

N4D5 wrote: »

Seems like you have had the same as me, if someone with higher post count could please attach the letter for me i would be grateful.

HOW TO UPLOAD PHOTOS TO MSE

To upload a photo/scan, you first need to host it on a free photo hosting site (Photobucket or Tinypic), copy the URL, paste it here, but change the http to hxxp (or remove it all together) and we'll do the conversion. Newbies can't directly upload photos/scans until they've got a few posts under their belt.


You must not ignore a Letter Before Action. You need to read about how to deal with it in the sticky on the first page with the forum thread list. Look for the sticky by Crabman, then one of the key threads in it provides LBA/LBCCC guidance, written by retired solicitor zzlazydaisy.

You should also do a forum search here on CEL/DEAL as there are some threads going back a couple of months ago when CEL/DEAL launched a similar LBA frenzy.

Go to PePiPoo too and do searches there as well.

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

Umkomaas

Looks like the start of a PPC post-Beavis feeding frenzy. PE are at it with Equita seemingly scooping up from a few years ago.

A new strategy that the forums will need to consider, but as a belt and braces approach, treat as a LBA/LBCCC and read Crabman's sticky which covers the specialist post written by zzlazydaisy, a retired solicitor, on how to handle a LBA.

Nice pre-Christmas present, designed to create maximum anxiety at a particularly stressful and expensive time of year. PPCs showing their true colours.

N4D5

Thanks, I have read the post and I am in the process of drafting a letter, I will post it here for thoughts before i post out tmrw, hopefully i have covered all points as the draft letter mentions practice direction and the letter i have received does not.

N4D5

My first attempt at draft letter, i hope it reads OK, guidance appreciated.

Civil Enforcement Ltd
Legal Department, Horton House
Exchange Flags
Liverpool
L2 3PF


8th December 2015

REF: PCN ***********

Dear Sirs,

Re: LETTER BEFORE COUNTY COURT CLAIM dated 4th December 2015

I am writing to acknowledge receipt of the above letter.

I would like to say that I have not had any correspondence from you or any other parties demanding payment of a parking fine.

I would like to point out you have not provided any date or time of the parking offense on the above letter, which is little bizarre.

I have only once ever used this carpark which was previously a cinema, now a banqueting hall. The only time I have used the carpark was for a wedding and upon entering the venue there was a computer system which I entered my registration number in to avoid any parking charges.

My car is driven by more than two different people and it may have been used in the offense however I am not sure which other driver it may have been.

As per the online guidance I have read the Practice Direction.
You letter is not fully compliant with the Practice Direction, which it clearly needs to be.

I think that a legal department staffed by solicitors should be able to produce a compliant ‘letter before claim’, before sending it out to me.
The fact that I’m an unrepresented person with no legal training and I ‘m having to explain the Practice Direction required from you is just not acceptable.

I would like to know if the solicitor in charge of your legal department has approved the ‘letter before county court claim’, before it was sent it to me.

I request that you send me a fully compliant ‘letter before County Court Claim’, so that I may deal with my own obligations under the Practice Direction.

To help you I have provided an extract of the Practice Direction dealing with the requirements for a ‘Claimant's Letter Before Claim’:

Extract from Practice Direction
Annex A

2. Claimant’s letter before claim

2.1
The claimant’s letter should give concise details about the matter. This should enable the defendant to understand and investigate the issues without needing to request further information. The letter should include –

(1) the claimant’s full name and address;
(2) the basis on which the claim is made (i.e. why the claimant says the defendant is liable);
(3) a clear summary of the facts on which the claim is based;
(4) what the claimant wants from the defendant;
(5) if financial loss is claimed, an explanation of how the amount has been calculated; and
(6) details of any funding arrangement (within the meaning of rule 43.2(1)(k) of the CPR) that has been entered into by the claimant.
2.2
The letter should also –
(1) list the essential documents on which the claimant intends to rely;
(2) set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this;
(3) state the date by which the claimant considers it reasonable for a full response to be provided by the defendant; and
(4) identify and ask for copies of any relevant documents not in the claimant's possession and which the claimant wishes to see.

I believe that it makes sense to comply with the Practice Direction's requirement and refer this matter to POPLA, which is the appropriate form of ADR for parking disputes.

I am entitled to be given a list of the ESSENTIAL documents that the PPC intends to rely on in its claim against me personally. As you have made me the claimant I would like to know what essential documents you will be producing in evidence against me. I have no objection to you adding to this list once I have seen my defence, however my defence will not be issued until after the start of proceedings, and this list of documents is required to be provided to me BEFORE proceedings have even been started, under the Pre-action Conduct steps, set down by the court.

You have given me 7 days to make payment, surely I should be given more time to state my defense.

I kindly request that you remember the Court's powers to apply sanctions for non-compliance with the Practice Direction under Para 4, and expect to receive a fully compliant ‘Letter Before Claim’ within 14 days. If I do not receive a fully compliant Letter Before Claim as requested, I will seek the assistance of the court.

Please do me the courtesy of reading and replying to this letter. Please note, if you send me a generic template letter which does not address my requests for information, I shall copy the correspondence to the Solicitors Regulation Authority and ask it to investigate your breach of the Principles set out in the SRA Handbook version 8, published on 1st October 2013.

Yours faithfully

Mr ****

Marktheshark

No judge has ever given a single stuff about pre action protocol in a parking case.

N4D5

Marktheshark wrote: »

No judge has ever given a single stuff about pre action protocol in a parking case.

Should this be removed from my letter, does the rest of the letter seem ok in response to my attached letter above.

Thanks

Marktheshark

You need to make a decision.
Are you going to fight in court or are you going to pay.

If its fight, your letter states you have visited the car park, which is as good as a admittance.
You do not give them anything they can use against you in court.
Admitting you have visited the car park limits any defence down heavily.

The_Deep

You are the second one today.

https://forums.moneysavingexpert.com/discussion/comment/69678807#Comment_69678807