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Civil Enforcement Ltd!!!
AJMorton
Posts: 39 Forumite
Hi to anyone that can help.
A 75 yr old lady driver and her 70 yr old occupant parked at King st car park Cltheroe in Nov last year, 4 weeks later a parking charge notice arrived for £60, however the charge didn't actually state what offence they had committed but the time on the notice denoted from arrival to departure was an over stay of 1 minute and 14 sec also they may have entered an incorrect reg
But in a knee jerk reaction and after researching online we advised them not to pay. Over recent months numerous letters have arrived escalating the charges each time. Last week they received paperwork of a submission to the County Court Business Centre, we contacted them and we have 14 days to contest, has anyone got advice on what to do in this situation it is something we haven't dealt with before.
Many thanks
A 75 yr old lady driver and her 70 yr old occupant parked at King st car park Cltheroe in Nov last year, 4 weeks later a parking charge notice arrived for £60, however the charge didn't actually state what offence they had committed but the time on the notice denoted from arrival to departure was an over stay of 1 minute and 14 sec also they may have entered an incorrect reg
But in a knee jerk reaction and after researching online we advised them not to pay. Over recent months numerous letters have arrived escalating the charges each time. Last week they received paperwork of a submission to the County Court Business Centre, we contacted them and we have 14 days to contest, has anyone got advice on what to do in this situation it is something we haven't dealt with before.
Many thanks
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Comments
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This should have been dealt with at the time and would have been easily beaten with a two stage appeal.
You should read the Sticky thread for NEWBIES especially the link by Bargepole to a guide to court. You then need to follow that process very carefully. The firs thing to do is to acknowledge the claim and state that it will be defended. That gives you another 14 days to get things organised.
Do not put anything in the defence box. Absolutely nothing, not even a full stop.
Once it has been acknowledged you then need to do some thorough research on how to beat this scam. One f the defence points will be that grace periods have not been applied which is a clear breach of the BPA CoP.
So, get stuck into the NEWBIES and acknowledge the claim. More court experienced regulars will be along to help later.
You should also edit your post to remove information about who did what. Only ever refer to The Driver and The Keeper, and Occupants of the car.I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
A whole raft of CEL claims have been issued over the past couple of weeks. A strong defence is likely to see them discontinue (based on the way they've handled similar cases in the past 18 months or so).
Follow Fruitcake's advice, acknowledge service first, then read post #2 of the sticky. In addition undertake a forum search here and on PePiPoo on 'Civil Enforcement (or CEL) defence' and follow the copious advice already provided over the past fortnight. Your case will be no different, so plagiarise other draft defences, and once you've prepared your own, post it here for critique.
Make sure you get your defence off by the deadline, or you will likely have a default judgment against you for the full amount being claimed by CEL.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 Street0 -
Thank you for your advice we appreciate you taking time to reply, we will jump on this immediately.
Thanks again.0 -
Thank you for taking the time to reply.
very helpful. 0 -
Show us your CEL draft copied from another one in the past week. These are easy, luckily. No hearing.
But first, do the AOS on MCOL, to buy time to get the defence in - it extends the time by another 14 days.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 THREAD0 -
Hi so do I just return the response pack(N9SDT) dated and signed and not return the defence form to get the additional 14 days whilst we get our defence together?
Thanks0 -
follow the advice in post #2 of the NEWBIES sticky thread
the OL in MCOL means ON LINE , so log into MCOL (Money Claim On Line) and acknowledge ON LINE to get the extra 14 days to complete a defence
no need to post anything at all
if in doubt , keep reading that post #2 of the NEWBIES thread, and the links like the BARGEPOLE links, until it sinks in0 -
Do we register on behalf of my mother in law or ourselves?0
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the person who was sent the court claim is the person who should be logging in , although I suppose you could do it on their behalf with their name and their email address etc (even if you make up a new gmail address in their name just for the purposes of this claim) , but as the claim is in their name , they are the ones who should be dealing with it and signing the documents etc
unless one of you has "a legal power of attorney" or something similar which allows you to act legally on their behalf ?0 -
Do we register on behalf of my mother in law or ourselves?
Whoever the claim is against.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 Street0
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