Civil Enforcement Ltd!!!

AJMorton

Hi guys

Sadly I need further help please. Defence statement was submitted 6th July and we have now received a 'Notice of proposed allocation to the small claims track' but there is no defence copy attached and we have to have this returned by the 7th Sept.

Many thanks

[Deleted User]

ALL court forms can be downloaded for free via the HM Courts & Tribunals Service / Justice webs pages (and indeed many other sites too)

If you Google alllocation questionnaire N150 that'll find it. The newbies pages will have suitable instructions to assist completion.

AJMorton

Thank you

AJMorton

Hi

Please can someone point me to the correct thread I'm so confused with all this, the form that came with the letter was a N180.

Thanks in advance

Coupon-mad

The NEWBIES thread post #2, where a link to bargepole's post tells you about N180 stage.

kryptonite786

N180 is the correct form you need for the DQ, but as you stated that you received this in the post there would be no need for you to download the form as you already have it.

Fill it in as shown with the recommended answers in the newbies thread which I have pasted below:


Filling out the form

A1 = Say NO to mediation (they want the whole amount, you want to pay them nothing, so no scope for mediation. This will not go against you). Mediation is run by a commercial company on behalf of the courts and their success is measured by how many cases are kept out of court. They are not interested in the merits of the case, only whether you will pay or not. So say No.

B = fill in all the details, your name, your address, etc. This is the address that all the paperwork will be sent to. If you are moving home within 6 months make sure you have mail redirection in place. You will get a default CCJ if the paperwork doesn't get to you as the Courts see it as your responsibility to give a correct address.

C1 = YES to small claims track – this is the limited costs track for claims up to £10,000 in value

D1 = name of your local County Court – unless you are a Limited company, the case files will be transferred there. They will ask for theirs but protocol dictates it is your court. For example, MIL Collections always asks for Truro and Devere Parking always ask for Bournemouth. You, literally, do not want to go there.

D2 = NO to expert evidence (this relates to medical negligence cases and suchlike)

D3 = 1 witness (that’s you) (or more if you are going to get another person to provide a statement)

D4 = Put down the dates of any pre-booked holidays, NO to interpreter (unless you need one)

You send a copy to the courts and another copy to the Claimant company. Keep a copy for yourself. As mentioned before, there is a long delay (20+ weeks) between this form and an actual day in court.

AJMorton

Thanks guys appreciate your help ��

AJMorton

Hi
Sadly we need further help with my mother-in-laws situation please.
Forms were submitted as advised, we then received a letter stating it was going to court. Last week a letter arrived advising that the claimant was requested to detail the offence and today a copy of the response arrived. This is the first bit of information we have received detailing the offence apparently my 76 yr old mother-in-laws sister (72 yrs old)had inadvertently put the incorrect reg. no in the machine which wasn't to dissimilar to the actual reg. no. which is apparently failing to comply with terms and conditions of the displayed conditions, even though the correct amount was paid for the length of time they stayed.

There is also a line in the letter " The claim is not brought under schedule 4 of the Protection of Freedoms act 2012" ????

Any advice on what to do next would be gratefully received.

Thanks

Coupon-mad

Same as the Order tells the Defendant, surely it's like this thread (we hope you are reading other CEL threads along the way so you know what to expect, not popping by on this thread alone, only when something happens?):

https://forums.moneysavingexpert.com/discussion/comment/73559656#Comment_73559656

So the Order probably had something like this, so you know what to do:

the Defendant must set out by reference what is admitted, what is disputed and why. The deadline for this is xx/xx/xx.

Show us the Defendant's draft response to their dross.

Of course it's non-POFA 2012 - you know that & we all know that about CEL. Please not four question marks about that...

AJMorton

Hi

Thanks for your reply. Below is the letter from CEL

1. The violation occurred in the car park at xxxxxxxx (the car park) and at all material times the car park was managed by the claimant.
2. The claim is not brought under schedule 4 of the Protection of Freedoms Act 2012.
3. The claim is brought for breach of contract, which arose when the defendant failed to comply with the terms and conditions displayed in the car park. Drivers are permitted to park in the Car Park in accordance with the terms and conditions displayed on signage, and these signs constitute an offer by the Claimants to enter into a contract with the drivers.
4. The Claimant uses Automatic Number Plate Recognition (ANPR) technology at the entrance and exit of the car park, which identify the date and time of arrival and departure of vehicles from the car park. The Claimants ANPR cameras recorded the defendants vehicle registration number xxxxxxx(“the vehicle”) entering the car park on xxxxx at xxx and departing on the same date at xxx in breach of the terms and conditions displayed which clearly state the following:
Phone and pay or pay at machine. Payment must be made within 10 minutes of arrival – This land is private property. Disabled badge holders are not exempt from the terms and conditions. If you (a) park for longer than the period paid for; or (b) do not pay within 10 minutes of arrival; or (c) do not enter full, exact vehicle registration when making payment, you agree to pay our charge. Additional costs will be incurred if payment is not received within 28 days.
5. The defendant made a payment of £2 at xxx for xxxxx however this is not the defendants “full, exact, vehicle registration “ and as such she was parked in breach of the terms and conditions displayed.
6. When the defendant parked their vehicle in the car park they accepted by their conduct the operator's pricing structure. The defendant was allowed to remain in the car park in consideration for agreeing to pay £100 (reduced to £60 if paid within 14 days) to the claimant. Consequently, a contract was formed between the claimant and defendant.

Statement of Truth
I believe that the facts stated in this Amended Particulars of Claim are true.
SIGNED ..............
Xxxxxxxxxxx
DATED ...............

What do you think?

Thanks