Claim form civil enforcement

Alitbaw

Hi everyone

I previously posted about a letter before action I received from civil enforcement that had no detail in it although I think it relates to a supposed overstay in ju!y 2012.

I responded to civil enforcement within 14 days asking for more detailed information as per the pre litigation protocols, following the great advice from fellow posters.. They have never responded to me and I've now got a claim form from Northampton, again with no details but just giving the details of the amount claimed. The form says more details will follow.

The amount is now 263.00.

I've had a quick look here for advice... I think the best route is for me to acknowledge but not put a defence in with the acknowledgement which gives me extra time? Is this right? Any further advice on possible defences gratefully received

Quentin

Alitbaw wrote: »

I've had a quick look here for advice... I think the best route is for me to acknowledge but not put a defence in with the acknowledgement which gives me extra time? Is this right?

Yes


More on dealing with a defence in the newbies faq thread at the top of the forum

Redx

wot he said ^^^^^^^^^^^^^^^^^^^^^

plus look at the dozen or so similar cases "on the go" on here and over at pepipoo forums at the moment, all since Beavis lost last november

remember, if its is july 2012 its pre POFA2012, so no keeper liability applies, unless you admitted to who the driver was ? (in which case POFA is irrelevant)

Alitbaw

Hi Redx... Pre July 2012 according to the claim form...I've never said anything to them about who the driver was, and they have provided no info anywhere proving who it is.

Redx

that is because they cannot prove it, not unless the keeper admitted it in their initial appeal or request for info , so they work on the assumption that the keeper was the driver

so one of your defence points will be that appeal point, no keeper liability, never mind any NTK flaws, no locus standii , no landowner authority , poor signage , no ADR (not available back then but they may expect mediation now, so dont accept mediation if you can avoid it)

start with post #1 of the NEWBIES sticky thread, then search out the other recent CEL court case threads and read the advice , plus the parking pranksters court book too

Alitbaw

This is great.. Thanks. Do you know if they tend to take cases all the way to court or do they back down if you put a well drafted defence in?

Redx

I would think they will back down with a good defence put in, they are issuing loads of claims and will let the seeds fall where they lay, some on stony ground like those with good defences , whereas others wont be contested or poorly contested and will take root and bear bounty , the law of averages

until they see your part 18 request and your HOLDING DEFENCE they wont know whether to pay out more money and contest it further, this is the opening salvo (as parking prankster blogged recently)

some wont even get to the defendant and so they will get a CCJ by degault

Coupon-mad

Same advice as here:

https://forums.moneysavingexpert.com/discussion/5379550

A recent (hopefully relevant to most cases) CEL defence example is on this forum recently - search for Schwartz and you'll find it to adapt. Obviously changed dates & a few tweaks are needed if details aren't the same. Part 18 requests have been discussed too.

Also there are half a dozen CEL Court threads on pepipoo forum here so search for them (keywords bottom left could be 'CEL Court'):

http://forums.pepipoo.com/index.php?showforum=60

CEL are unlikely to turn up and have tricked people before by pretending the defendant doesn't have to come to the hearing either. This can be defended and if there is a hearing you must turn up (only believe the court, not CEL, about what to do and when/anything about the hearing).

As regards the procedures, the best summary I've seen is by bargepole and it's linked in the NEWBIES thread in the small section of links & advice about small claims (following underneath the first info about appeals which you don't need to read).

Alitbaw

Thanks! Been reading all morning and am now ready to sharpen my pencils and go unto battle! One question I couldn't find the answer to...I haven't received the particulars yet from cel...do I put the acknowledgement in now, or wait until they arrive?

salmosalaris

Do it now to prevent any chance of having to unpick a default

Alitbaw

Perfect..I want to make sure I do everything by the book as I don't trust them not to p!ay the system!