Letter Before Action - Civil Enforcement Ltd

doobie1

Hi All
Complete newbie I am afraid. Have read all manner of posts but still cannot find my exact circumstances so any help greatly appreciated.
Situation was this - waited in car (does that mean that the car wasn't actually parked?? or is that too hopeful) in area controlled by CEL, no marked bays or anything, concrete and rubble floored area with boarding up around the perimeter, the area was basically awaiting construction of new supermarket. Was in the car for 14 minutes, felt uneasy about it all and left. Then got PCN from CEL in June 2012, 'Final' reminder in July 2012 then another letter from them also in July 2012 with a claim form attached (no claim number though) saying CEL 'intended' to send to Northampton County Court in August 2012. Read websites and ignored all correspondence. Thought and hoped it was history as had heard nothing since. Now received Letter Before Action and had to pay up by tomorrow before they progress the claim. Forums say don't ignore these letters, some say you can ignore. Do I appeal so II can get code from them to start POPLA process or am I too late fop all that now. Very grateful for any help and advice, and apologies if you gurus are repeating yourself, but letter is kind of worrying to receive or are they playing on that?

Half_way

Even if the driver is sat in the car, it can ( in most cases) be judged to be parked, unless it was unloading ( as in stopped on double yellows for unloading)
Have you got any of the paperwork relating to the original parking charges?
uUnder no circumstances give any clue as to who was driving

Guys_Dad

Before POFA 2012 so no keeper liability.

Either wait for real court papers or inform them that as it was so long ago and there were multiple drivers, you do not know who was driving but it wasn't you.

The_Deep

If they do not know who the driver was they are ruggered, keeper liability only came into force on 1st October 2012.


If they take you to court they have to prove you were driving, how do they do that?

doobie1

Hi Half_way
There was no unloading. As for docs I have the Enforcement notice dd 16/06/12, the final reminder enforcement notice dd 12/07/12, letter from CEL dd 31/07/12 mentioning they intend to present to Northampton CC with attached N1 claim form (with no claim no.) and copies of the previous enforcement notices.

Guys_Dad

doobie1 wrote: »

Hi Half_way
There was no unloading. As for docs I have the Enforcement notice dd 16/06/12, the final reminder enforcement notice dd 12/07/12, letter from CEL dd 31/07/12 mentioning they intend to present to Northampton CC with attached N1 claim form (with no claim no.) and copies of the previous enforcement notices.

Seems they have taken their time.

If they didn't do it in 2012, why do you think they are going to do it now?

doobie1

Thanks GD.... seems like waiting to see if they take it further is the better option then rather than going to them and giving them at least acknowledgement of their letters as to date I have said or communicated nothing.

doobie1

Good point GD, guess I was brave initially, then not! Not knowing the legal system makes you wonder how long before its truly dead and buried and I can forget about it for good (and feel brave that I stood up to them ...just). I have seen 6 years mentioned elsewhere.... any idea if that is the case?

Umkomaas

doobie1 wrote: »

Good point GD, guess I was brave initially, then not! Not knowing the legal system makes you wonder how long before its truly dead and buried and I can forget about it for good (and feel brave that I stood up to them ...just). I have seen 6 years mentioned elsewhere.... any idea if that is the case?

http://www.compactlaw.co.uk/free-legal-information/small-claims-court/time-limits.html

Green_mile

I intend to ignore their latest demand, my "offence" was also before the ruling. My thought is if they do not know who to demand money from in court how can they proceed?

doobie1

Update to the case above


Hello all. Have now received N1SDT Claim Form with Response Pack attached which and I only have a short time to respond. Claimant is CEL and Claim Form has Michael Schwartz (Claimant's Legal Representative) printed in the Signed section. Have tried to call Northampton CCBC to see if claim is genuine but to no avail yet. Am I correct in thinking that I should not ignore this letter (assuming its genuine) even though they have no proof who the driver was at the time?


Any advice appreciated....Thanks