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

N4D5

Hi guys,

Need urgent assistance please.

From my previous post, I have today opened a letter which is dated 20th Jan 2016 which the wife thought she had passed me. It says I have 28 days to respond back so I'm guessing I must do something today.

The letter is a claim form N1SDT looks very official from County Court Business Centre Northampton.

I must log on to moneyclaim.gov.uk to respond.

Please can someone urgently help me, ive read through a few threads and I'm getting more confused on what to do.

Shall I log on the address a respond back as I'm going to defend this.

My previous letter was sent to them advising them I was not the driver of the vehicle at the time and did not receive a response back.


Thanks in advance.

N4D5

I have just logged on to MCOL - and I am going to defend in full.

So far I have typed this up, any tips on what else to add to this would be greatly appreciated. Based on the dates I only have today to respond.

Defence comments below:

I have previously written to Civil Enforcement Ltd on more than a few occasions, I hold copies of all documentation and can present this with proof of postage.
Letters were sent recorded and first class with full proof of
postage. I have advised them I was never the driver of the vehicle at the time of the incident and requested proof. This has never been acknowledged and no evidence has been provided to me.
I sent them letters requesting information regarding this incident as they have never responded to anything.
I requested that they send me a fully compliant ‘letter before
County Court Claim’, so that I may deal with my own obligations under the Practice Direction, this was also never received.

They gave me 7 days to respond, to which I did.

I also advised them of the below:

I requested them to remember the Court's powers to apply sanctions for non-compliance with the Practice Direction under Para 4, and expected to receive a fully compliant ‘Letter Before Claim’ within 14 days. Which I did not, If I did not receive a fully compliant Letter Before Claim as requested, I would seek the assistance of the court in this matter.

Redx

doesnt look like a "holding defence" to my untrained eye

and due to POFA2012 they dont have to prove who was driving, if they met POFA2012 they can hold the keeper (YOU) responsible and liable , so I fail to see how your defence can hold up ? I assume you have heard of POFA2012 ? BROUGHT IN 3.5 YEARS AGO

at this stage you are past the point of expecting CEL to do the right thing, past LBC stage

have you read parking pranksters court guide ?

have you read bargepoles guide to this process, see post #1 of the NEWBIES sticky thread ?

have a look at other recent CEL and UKPC court cases threads where people are at the same point as you , I even saw a post recently where they had drafted a holding defence and I asked them to add a few more pointers based on the same legal arguments you would use at popla

and speaking of popla, you should be asking for ADR by POPLA as a means of resolving it

if you have acknowledged it online and ticked the box that you wish to defend in full then you leave the defence box blank, you then have 14 days to provide a holding defence

put the following search words into the forum search box here

court claim northampton

loads of threads come about about this topic, for various parking companies

Coupon-mad

You need to acknowledge the claim first, leaving the defence box blank (completely blank). DO THAT NOW, WITHOUT DELAY, to get your foot in the door.

Then spend the rest of the day reading relevant things to give you enough to then submit a defence by logging back in tonight and submitting your bullet points.

You will find decent bullet point defences in other threads (e.g. obviously search the forum for cases v CEL recently where people have already shown their defence here, keywords to search would be 'CEL Court' or 'Civil Enforcement Court'. YOU MUST distinguish your case from the Beavis case.

Also, did the Court form say they would sent 'full particulars' within 14 days? Did they? If not then mention the lack of particulars and lack of cause of action as one of your defence points. Also unclear illegible signage, lack of locus, 'no keeper liability' POFA stuff if the driver has never been identified.

You can also see an example generic defence and details about what to do when, in post #1 of the NEWBIES thread, directly under the stuff about appealing, there's a section on Small Claims, with important and useful links including a basic generic defence. BUt don;t just seize on one, show us tonight what you come up with and we will add things if you've missed a trick.

Finally, Google search 'Parking Prankster CEL' and also 'BMPA Small Claim' which shows you what's what, broken down into easy bite-size examples & links.

N4D5

I will have a read through as much as I can now but just keep getting confused on what to do now. Sorry really panicking here due to the letter date 20Jan2016.


Below was the last letter I sent them which I didn't receive a response to. What do I need to do on the MCOL site for now as its already come up to 28 days do I just need to provide all my defence or can I get more time.

Also do u have a link to the recent case similar to mine.


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.

You have also not provided me with the registration and make/model of the car. Picture evidence of this is the minimum you can provide for me.

I have only once ever used this car park which was previously a cinema, now a banqueting hall. The only time I have used the car park 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 one person and the only other time my car was ever in this car park may have been when it was driven by ******** ********. Who went for a late night takeaway and used the car park entrance which is also part of the takeaway car park, the entry and exit is the same for your car park and the takeaway, he was there for less than 10 mins. You should be contacting him not me.

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 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 defense, however my defense 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 **********

N4D5

What do I do here:


You can choose to contest jurisdiction of the claim made against you.
Is this a yes or no.

Coupon-mad

N4D5 wrote: »

What do I do here:


You can choose to contest jurisdiction of the claim made against you.
Is this a yes or no.

That's already covered in the links in the NEWBIES thread. The answer is no but that's already in one of the important links to read (the one where bargepole tells you how to fill the forms in). Please don't isolate yourself on this thread asking questions one by one, you will never get there like this.

Take two hours NOW to read exactly where we've told you to read and stop trying to fill stuff in, except for acknowledging the claim NOW with the defence box BLANK, COMPLETELY BLANK.

Redx

did you READ the bargepole explanation ?

have you looked at the other threads for what they say ?

I doubt it, because you are rushing, you havent even done what I told you, or what CM said either, why ask for advice if you dont follow it ?

see what this thread says about a UKPC one

https://forums.moneysavingexpert.com/discussion/5398794

N4D5

Redx wrote: »

did you READ the bargepole explanation ?

have you looked at the other threads for what they say ?

I doubt it, because you are rushing, you havent even done what I told you, or what CM said either, why ask for advice if you dont follow it ?

see what this thread says about a UKPC one

https://forums.moneysavingexpert.com/discussion/5398794

Noted and apologies, I have just done the acknowledgment part. Will now read as guided. Thanks

Coupon-mad

Good good good. Reading for at least a couple of hours will give you the ammo you need.