Civil enforcement ltd county court claim

Vickyah21

Hi
I've received a letter from county court business centre in Northampton where civil enforcement limited are claiming I owe them £328.48 which includes £25 court fee and £50 legal fee. This is due to a parking ticket I received in the post where I apparently overstayed the 2 hrs max. After having read lots of posts on forums I decided to ignore all the letters and now it has got to this! I have read a few posts on here but I'm afraid I'm a bit confused as there as so many! Do I ignore this letter? Do I pay the full amount? Do I try and contact them? Will it get to court?? It was from a reg plate camara no proof that I was driving. The letter states I can pay in full or complete a form admitting only part of the claim! I'm confused please help!! Thanks

Redx

the court process has already started , so yes it may get to a real court (or it may not), but its genuine and you would be foolish to ignore it , its REAL

please read the court section in the NEWBIES sticky thread, plus the bargepole links in there too

Coupon-mad

Vickyah21 wrote: »

Hi
I've received a letter from county court business centre in Northampton where civil enforcement limited are claiming I owe them £328.48 which includes £25 court fee and £50 legal fee. This is due to a parking ticket I received in the post where I apparently overstayed the 2 hrs max. After having read lots of posts on forums I decided to ignore all the letters and now it has got to this! I have read a few posts on here but I'm afraid I'm a bit confused as there as so many!

Will it get to court?? It was from a reg plate camara...The letter states I can pay in full or complete a form admitting only part of the claim! I'm confused please help!! Thanks

Do I ignore this letter? Do I pay the full amount? Do I try and contact them?

No, no, no.

Calm down and read the NEWBIES thread 'Small Claim?' section FIRST, then other CEL defence threads by searching the forum for:

'CEL Legal Team defence'.

We have NEVER seen a case defended here v CEL, actually proceed to a hearing. They have always backed down as you will find when you search the forum for those words. You will also find defences in those threads, copy a recent one and adapt it and come & show us your draft, once you have acknowledged service.

You are NOT filling in that form. You are doing the AOS on MCOL first so read the NEWBIES thread.

One of the easiest claims to defend that we see here. You pay and you are a mug!

Redx

also follow the same advice as in this recent thread

https://forums.moneysavingexpert.com/discussion/5608078

The_Deep

That seems a lot of money. The most they could hope for if they won would not be more than about £200.00. They are taking you for a sucker here.

hughesandy

hi Everyone

I joined this site some days ago and it seems my post has never appeared

I have had one of the court letters referred to within thi thread however, i have no idea what it is for other than

CEL limited
It says that will provide details to me (defendant within 14 days of this notice, but thats it, theres no mention of any other details other than a ref number and a telephone number for nottingham, if it references to parking than i cant identify that if it does then there is no mention of vehicle it just lists my name and address.

As it is official (and to avoid the unlawful CCJ entry and all the other hassle) Do i return or comply and include my defence as other members in this forum have advised.

I have no idea what this is about other a potential parking claim (from reading all the posts on here) but a reference number and telephone number don't help...... i am not calling the number as i don't want to give them the benefit of the doubt. This is outrageous to submit a claim without providing evidence or any other grounds other than a reference which i have no idea relates to, especially as it could lead to a CCJ

Can anyone advise??

Many thanks

DawnR1978

Don't panic. I had the same thing just before Christmas. Log onto the court site and then dispute the claim and submit your defence. I did that and head nothing back so its classed as a "stay over" in other words no further action is required. They do this to try there look. Here is my defense which might be different to your circumstances, but might help you to write yours.


In the matter of court claim, ****, I am **Name**, the defendant in this matter and can be served at the address on the claim form. I assert that I am not liable to the Claimant for the sum claimed or any amount at all, for the following reasons, and the Claimant is put to strict proof of every element of its claim, all of which is not admitted.
1) The Claimant is a serial litigant whose business model is to file large numbers of spurious claims and pressure defendants into paying up by
sending letters increasing costs. In a preliminary hearing for a number of cases in Bristol, HHJ Denyer expressed his concern at the way CEL were
conducting their cases and described the letters as a disgrace.
2) It is submitted that neither the Claim form or additional particulars of claim meet the requirements of practice directions and civil procedures.

3) The Claim form itself is invalid, not meeting the requirements of CPR as signed as "the legal team" and not by a named individual.
4) The additional particulars of claim which are dated the 22nd February 2017 arrived much later and are signed purportedly by Ashley Cohen.
Mr Cohen was reported to sign off witness statements under London Councils POPLA on behalf of landowners, for CEL POPLA cases falsely stating
authority. It is submitted that he is a director of another company, Bemrose Mobile Limited which supplies the pay by phone payment methods for
parking. Mr Cohen was a former director of Creative Contracts Ltd but has since resigned. Mr Cohen is therefore put to strict proof the capacity
and authority he has in signing such statements.

5) The Claimant has not provided enough information for me to defend the claim. The letter before claim only gave the car park address, but not the
date, the vehicle registration, the amount of initial charge or the reason why the charge(s) arose. I therefore have no idea what the claim is
about. The particulars signed by Mr Cohen appear to be simply a "cut and paste job" and do not actually particularise the claim.
6) The Claimant is put to strict proof their ability to issue and pursue charges at this location and that they have a valid contract in their name
with the Landowner to instigate any legal action. A full contemperanous and unredacted contract with the landowner showing a clear chain of
authority is required to demonstrate the Claimant' s ability to pursue the charge. Additionally, The Caimant is put to strict proof the accuracy
of any ANPR and that their signs have the relevant advertising/planning consents
7) The Claimant has not adduced any evidence of any breach of terms, or that their signs meet requirements under their ATA Code of Practice or that
the signs comply with requirements under the Consumer Contracts (Information,Cancellation and Additional Charges) Regulations 2013 (CCR) and that
any terms are not onerous or fail any test under the Consumer Rights Act 2015.
8) The Claimant has not disclosed if proceedings are being issued against me as the keeper or the puported driver. It is submitted that as the keeper,
I cannot be held liable for the charge as the Claimant does not rely on Schedule 4 of the Protection of Freedom's Act 2012 nor comply with the
statutory requirements of the Act. As no evidence has been adduced as to the driver's identity prior to the claim and as keeper liability cannot
be invoked, it is submitted the Claimant has no further grounds for pursuit of this claim against me.

9) The Claim amount far exceeeds the total permitted for recovery for a parking charge amount under the Claimant's ATA Code of Practice, it is
submitted that the Claimant has artificially inflated the claim by failing to issue proceedings following their letter before action, instead
passing the matter to a debt collector first where there is no basis for additional charges.
10) The Claimant is a serial abuser of the courts in this way, filing over 3,000 claims in 2014. However, it is widely reported that the Claimant
fails to turn up to defended cases, wasting the court’s and the defendant’s time
11) I therefore ask that that the claim be struck out as having no prospect of success, and bring to the courts attention a similar order made in the
case of Premier Park Limited v Lisa Grafton, A3QK0712, struck out on 19 March 2015. As the Claimant is not likely to attend court even if the claim
progresses, this will save costs all round.
12) In the event the claim progresses, then as an unrepresented litigant in person, I reserve the right to alter, vary and add to this defence or
reply to any further particulars of claim/documents the Claimant may provide.

Redx

once the claim is acknowledged online (after reading post #2 of the NEWBIES sticky thread) , hughesandy should do a forum search using the drop down box and CEL DEFENCE and find any recent defence written this month (june 2017) that was approved for submission

then use that to draft their own defence

then post a NEW THREAD with all the above info plus the draft defence , for critique by other members

ie:- each member should have their own thread running

Coupon-mad

Just don't copy the older 'Mr Cohen' letter, you need a newer one. Forum search will reveal loads.

hughesandy

Thanks DawnR, Redx and coupon, I think I get what I have to do I'll be back to this thread, thanks again :-)

Babster

Mine was signed by Ashley Cohen, so can I copy that paragraph?