First timer, need assistance (please)

daginham1

Hi All,

I have spent most of the morning reading through threads and the NEWBIES section but still slightly confused.

Today i have received a letter from Civi Enforcement Ltd, this is a Letter Before Action and advises me i have an outstanding debt of £140. This also includes a nasty looking draft letter to issue a county court claim.

The letter advises

'Unless we receive payment in full within 14 days of the date of this letter, we will be left with no alternative but to issue proceedings.'

I am yet to appeal this directly to Civil Enforcement Ltd, i have seen the draft template for BPA members as follows:

Dear Sirs

Re: PCN No. ......

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis.Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

Am i too late to use this? Im unsure what i need to do....

Any assistance would be grateful as £140 for overstay my parking from a lunch a and shopping seems excessive!

Thanks,

beamerguy

I am at a loss for two reasons

1: Why are Civi Enforcement Ltd claiming £140 ?

2: You say you are yet to appeal but to get an LBA, any appeal was lost sometime ago

daginham1

beamerguy,

The £140 is for the original invoice but it has increased. I believe the original was for £70 of the top of my head.

I have recently moved house, had a new born and started a new job so my opening of post has been poor at best.

2: You say you are yet to appeal but to get an LBA, any appeal was lost sometime ago
- What option do i have (if any)

beamerguy

daginham1 wrote: »

beamerguy,

The £140 is for the original invoice but it has increased. I believe the original was for £70 of the top of my head.

I have recently moved house, had a new born and started a new job so my opening of post has been poor at best.

2: You say you are yet to appeal but to get an LBA, any appeal was lost sometime ago
- What option do i have (if any)

In between the £70 ticket, did you get any debt collector letters which (they try) they inflated the amount

You need to ask CEL of a full breakdown of the £140

Suggest from this moment you check all your post.

If CEL do proceed to court you will need a good defence which you will get help from here

Redx

by all means use the APPEAL TEMPLATE, BUT DONT ASSUME THEY WILL CANCEL, BECAUSE THEY WONT !!

a reply treating it as an LBC is preferable at this stage

they may well issue an MCOL next , as they have 6 years to do so

HO87

Debating whether you have had an opportunity to appeal are well past their sell by dates. At this stage you effectively have 3 choices:

1. Do nothing - In which case CEL will undoubtedly issue county court proceedings and unless you then deal with that sensibly will obtain judgment. You will then have to stump up the cash they demand or risk a CCJ.

2. Respond robustly to their Letter Before County Court Claim (that is what this letter is) and accept that the matter will progress to court. Research the situation (there is plenty of information here and at PePiPoo to guide you) and fight the matter. You are likely to stand a reasonable chance of defeating them and end up owing nothing.

3. Pay what they demand now.

Stark choices but those are they.

daginham1

Redx by all means use the APPEAL TEMPLATE, BUT DONT ASSUME THEY WILL CANCEL, BECAUSE THEY WONT !!

a reply treating it as an LBC is preferable at this stage

they may well issue an MCOL next , as they have 6 years to do so

What's an MCOL?

daginham1

A colleague has mentioned using people like the Parking Cowboys to help with the appeal. Whilst paying £19 for their assistance over the £140 is preferable am i too late in seaking help or appealing my case?

It seems HO87's response hasn't provided much option and maybe stumping up the £140 in this case would be an easier quicker resolution

Redx

please read the NEWBIES sticky thread where acronyms are explained

also put MCOL into google , its that simple and why search engines were invented

thank you

ps:- I doubt that any company will assist you given that its at LBC stage and almost at MCOL stage