County Court Claim from CEL

Hi All,

PLEASE HELP !

New to this so bare with me please if I'm making errors. I've had a County Court Claim through from Civil Enforcement Ltd. The truth is I have ignored all previous correspndence relating to a parking charge I thought might have been fake with names like "Wright Hassle" and my firend has told me he has ignored such things in the past and have gone away. I now realise from this forum that Wright Hassle and others are legit (the name made me and my mum laugh, surely it had to be a joke!) and I shouldnt not have ignored so I'm looking for help defending this case if possible.

For info, if you needed to know, I havent a clue who first chased for this, the parking company certianly wasnt CEL though, I remember one with ZZ maybe and Wright Hassle and now CEL - the 3rd company I know of in line. I doubt the 'hotel' even knows about this.

I have scanned all my documents so 1 x Claim Form & 4 x pages of CEL's particlaurs. I have responded on MCOL to say I will be defending in full and have about 15 more days from now to sumbit my defence.

I have hidden all the details including the claim numbers, references, the 'hotel' the parking charge was based at for anonymity. If you need any more details then I can tell you, I just didnt want to display all details for now just in case from reading other threads.

I can't seem to attach so have shared my dropbox link to them which I hope you can all view.

(I cannot paste link just yet as a new poster so can someone please advise how to post the link), hopefully I can after submitting this?

Hope someone can help soon, look forward to receving responses.

Regards,

Barbs
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Replies

  • Coupon-madCoupon-mad
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    Post the link by breaking it, change http to hxxp.

    Also search this forum for 'CEL defence Legal Team' to find recent threads like yours.

    Is your claim form signed by a named person or 'Legal Team'?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Barbie2017Barbie2017 Forumite
    23 Posts
    Fourth Anniversary
    here is my link to my scans of Claim Form and Particulars of Claim - hope it works (I still cant post link so have made it into the ending code so its a dropbox link i.e. the website of dropbox then forward slash then the following

    sh/dn8b5wng5q9z2d0/AABcVAH99tlb1rbYgrphZW85a?dl=0
  • Barbie2017Barbie2017 Forumite
    23 Posts
    Fourth Anniversary
    link didnt work by doing it with hxxp or breaking it, seemed to work me out but if you can use the dropbox i have shared above with the ending code someone can figure out my method of accessing my scans?

    Claim form was by Legal Team, particulars was signed by Ashley Cohen (scanned signature though as not real ink)
  • Coupon-madCoupon-mad
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    Yes here is your link; it worked for me as I have dropbox:

    https://www.dropbox.com/sh/dn8b5wng5q9z2d0/AABcVAH99tlb1rbYgrphZW85a?dl=0

    Looks like the car was there two days before Christmas 2015 for 20 minutes, what location? What do they mean by 'authorised vehicles only?'

    What an example of how to escalate a sum of £100 (already punitive) to over £330. Imagine how many victims are so scared they just pay up. Awful.

    The main thing to know is that the defendant is the registered keeper and CEL cannot hold a keeper liable, because they choose not to use the POFA 2012 Schedule 4 wording in their postal PCN (Notice to Keeper). So one main point of defence will be that the Claimant is put to strict proof that they either complied with the POFA Schedule 4 (which they didn't/never do) or that they have evidence of who was driving over a year ago.

    You will find examples of recent defences to crib from when you search 'CEL defence Legal team' on this forum board. All pretty generic and rest assured we have NEVER yet seen a CEL one (from this forum) proceed further, never has one defended here gone to a hearing. They are looking for victims and when they see a forum defence they realise you are not one and IMHO they will be unlikely to pay the hearing fee.

    So play it as per other CEL ones seen off in 2016 and you too should be reporting a discontinued case.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Barbie2017Barbie2017 Forumite
    23 Posts
    Fourth Anniversary
    Thank you so much, and for posting the correct link! Indeed, awful and quite frankly a joke in my opinion how they get away with it. I will answer your questions below now:

    Location: ibis hotel (do you need town?)
    Authorised vehicles only: assume only guests are allowed to park as I know the hotel and there is a car park there. I do not remember parking or going there to be honest and as such a long time ago even more so.


    I will now prepare a draft based on your advice and post on here for approval if I may.

    Thanks again and any other advice welcome from anyone
  • edited 31 January 2017 at 1:32PM
    Coupon-madCoupon-mad
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    edited 31 January 2017 at 1:32PM
    I can see previous mention of CEL at Ibis Luton and Birmingham. Was it one of those? You can state the location here, yes.

    This Blog tells how CEL rape and pillage Hotels and their customers:

    http://parking-prankster.blogspot.co.uk/2017/01/civil-enforcement-ltd-drives-business.html

    More than likely the Ibis might have kicked CEL out - they then start revenge claims on old tickets, like they did against hundreds of Co-op customers and staff over a year ago when the Co-op allegedly kicked CEL out across the country.

    Try a complaint to the Hotel to see if they have a policy of cancelling these (paying CEL off?) and at least find out if they still use CEL. If they don't, then ask if the Hotel Manager would put that fact (that CEL have been sacked) in an email to you so you can at least include that in evidence to suggest this is part of a revenge series of claims like those CEL pursued against Co-op customers and staff, and that there is no commercial justification or 'legitimate interest' here (unlike the Beavis case).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Barbie2017Barbie2017 Forumite
    23 Posts
    Fourth Anniversary
    Wellingborough so none of those.

    I haven't stayed at that hotel though so not sure I could phone the Manager or not? I will try if you still think I can?
  • Coupon-madCoupon-mad
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    Well a driver of your car must have been there, if this is your car.

    I think I would phone up as registered keeper of the car saying how angry you are that this notorious ex-clamper firm is threatening you with court claim and have they had similar reports?

    Speak confidently to the Hotel Manager to see if they have a policy of cancelling these (you can't be the only one - are they paying CEL off to cancel claims for victims or leaving everyone high and dry?) and at least find out if they still use CEL. If they don't, then ask if the Hotel Manager would put that fact (that CEL have been sacked) in an email to you so you can at least include that in evidence to suggest this is part of a revenge series of claims like those CEL pursued against Co-op customers and staff, and that there is no commercial justification or 'legitimate interest' here (unlike the Beavis case).

    What are they doing about this terrible issue? Tell them the date is so long ago none of the drivers of the car can even recall what event they were attending that day... if they wash their hands of it, threaten a TripAdvisor bad review. Get info by email if you can, if only an apology from the Hotel saying they wanted CEL to leave but now these revenge claims are put of control (anything that will support your defence v CEL).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Barbie2017Barbie2017 Forumite
    23 Posts
    Fourth Anniversary
    Spoke to Ibis Manager - after about 5 minutes of trying to get through the receptionist who has been well rehearsed and scripted when I mentioned parking, so presume I'm not the 1st with this type of query. She kept saying that I should of filled in the tablet in reception with my registration number when I stayed and wasn't listening, let alone not being able to speak much english, shocking!!

    Anyway, speaking with the Manager, again, English not great but he is refusing to write me an email, regardless of what I threaten (mentioned trip advisor) as he says he cannot do anything about it as the car park is under the control of a company called Creative Parking. He said I should phone them direct to explain my situation and resolve.

    I asked about Civil Enforcement Ltd and at the start he did not know that name but by the end he knew said that they are "Creative Parking's Debt Collectors."

    He gave me the tel. number 0870 9198000 and an email of [email protected] to contact them direct on.

    I said that I am doubting they will be able to help me and what to do if they don't, he said there's no point calling him or Ibis back as its out of their control. Threatened Trip Advisor, not bothered.

    Shall I bother with Creative Parking or not?

    I'm just about to start on my defence now anyway.

    Thanks

    Karl
  • edited 1 February 2017 at 11:45AM
    The_DeepThe_Deep Forumite
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    edited 1 February 2017 at 11:45AM
    Threatened Trip Advisor, not bothered.


    I'll bet his bosses will be then it affects their bottom line Read this


    http://forums.moneysavingexpert.com/showthread.php?t=5594064
    You never know how far you can go until you go too far.
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