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Civil enforcement Ltd missed 14 days claim form

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  • Coupon-mad
    Coupon-mad Posts: 151,970 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes they should. Just keep a score of everything you can later mention in your Witness Statement!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • parist
    parist Posts: 56 Forumite
    Have received date of case at my local court.

    As expected no sign of CEL's DQ.

    Are most people getting this far with CEL, going as far as local court?

    Do I just turn up at court expecting a no show from CEL?
  • Coupon-mad
    Coupon-mad Posts: 151,970 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 16 August 2017 at 11:26PM
    Yes, most people with CEL claims are getting the case allocated to their local court but none here have proceeded to a hearing (not to say none will though and you must jump through all your hoops, and let them trip up with theirs).
    Do I just turn up at court expecting a no show from CEL?
    Well no, it's not a case of just rocking up to the hearing.

    You've missed out the WS and evidence exchange, as your court letter tells you (and as the NEWBIES thread post #2 tells you as well). Sounds like you need to read bargepole's linked post there in the sticky thread again, about what happens when.

    If you have the court hearing date you will also know now, the date for your WS and evidence to be submitted to the Court and CEL. You will have seen that date/deadline for exchange of your case evidence, stated in the letter that we assume you've read thoroughly!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • parist
    parist Posts: 56 Forumite
    Sorry, yes I know I need a WS. Ok I'll start working on things and get back to you.

    As always, many many thanks for your help and advice.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    You can check if CEL have paid the hearing fee - and if not, the deadline for them to do so. f they dont pay by the deadline, you can ask the court to Stay the case, meaning no hearing until they pay £100 to lift the stay AND pay the hearing fee :)
  • parist
    parist Posts: 56 Forumite
    edited 27 August 2017 at 7:31PM
    thank you for that idea nosferatu1001- i will check with my local allocated court.

    CEL have not still sent their DQ.

    but this week they sent a document headed "REPLY TO DEFENCE" on every page is also the heading:

    " IN THE LOCAL COURT AT xxxxx CLAIM NO: xxxxx"

    with a photcopied signature by Ashley Cohen.

    the covering letter is signed with a blue squiggle of a signature and Legal Team Civil Enforcement Ltd under the signature.

    would a copy of this have been sent to the local court also?
  • parist
    parist Posts: 56 Forumite
    Can someone help me please.

    The letter I received from the local county court mentioned previously is a "General Form of Judgement or Order"

    Stating that the claimant (CEL) must file with the court a fully particularised reply setting out why the Defendant is liable and addressing the points in defence by a specified date and time.

    The deadline for the claimant to file is in about 9 days.

    I have called the court a few times but only got their recorded message which mentioned an email for correspondence. So I have emailed a request to find out if CEL have filed the reply.

    Am I correct in thinking that nothing will be actioned in terms of a court date until CEL sends its reply to defence to the local court, which they have already sent me stating things like:

    "the defendant has utilised a standard template which is readily available on the internet"

    "ParkingEye Ltd v Beavis (2015) UKSC 67, is of particular relevance..."

    I can post the reply to defence (without personal info) if that helps?
  • parist
    parist Posts: 56 Forumite
    Got a reply from the court that CEL have not filed a reply yet.

    But CEL did send me a copy over a week ago.
  • So the deadline for CEL to file with the court a fully particularised reply has passed.

    Have sent an email to the local court asking if CEL have filed their reply by the deadline (which they posted to the defendant over 2 weeks ago)

    So if the local court acknowledges non-receipt of CEL's fully particularised reply and failure to file.

    Can a simple email request to the local court to stay the case be made?

    Does the email request have to be specific in terms of wording?
  • Umkomaas
    Umkomaas Posts: 43,373 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Phone the court and ask them the questions - they will be in the best position to confirm the current standing of the case and to advise on method of corresponding and whether there is a form of words to use.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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