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Court summons for civil enforcement ltd

edited 1 July 2017 at 11:36AM in Parking Tickets, Fines & Parking
66 replies 4K views
eits88eits88 Forumite
53 Posts
edited 1 July 2017 at 11:36AM in Parking Tickets, Fines & Parking
Hi everyone, I would love some help, I'm new to all this but have been reading the posts on here extensively.

To be brief on what happened - our car was parked inside a CEL car park where there the first 10 mins are free. While in there, our son was sick and vomited everywhere, and this caused a delay getting back to the car. When we got back to the car park a ticket was purchased because it was apparent our car had overstayed, so it was purchased to cover any overstay, if you like.

About a month or so later the first letter arrived. I responded by writing an "appeal", telling them exactly what happened. This was refused of course.

Thereafter the usual followed, letters from whoever, threats, requests to pay, etc.. I ignored them all. Finally a letter before court was received which I also ignored and now a court claim against us for £350, including the usual £50 legal fees, £25 court fees, etc...

I have been on MCOL and registered my intention to defend myself for all. I am now stuck as to what I should be sending in to the court and CEL as my defence. I'm worried that these generic, but adapted defences are now so common that maybe they have found a way to contest them successfully - is this the case?

Can someone please point me to the right defence script to adapt and send, as in, a recent one.

Does anyone know if CEL have actually gone to court and won one of these? Also, what happens if they decide not to take it further, does the court let us know of this, or do we need to wait 6 years?

I plan to fight CEL all the way, as a matter of principle. I plan to document all the steps and proceedings on this thread so as to give back to the forum and help others in the same position as me.

Many thanks, most grateful for any help whatsoever.

eits88
«134567

Replies

  • edited 30 June 2017 at 5:25PM
    Coupon-madCoupon-mad Forumite
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    edited 30 June 2017 at 5:25PM
    It's not a court summons, it just a civil claim and easily defended.
    I'm worried that these generic, but adapted defences are now so common that maybe they have found a way to contest them successfully - is this the case?
    No.
    Does anyone know if CEL have actually gone to court and won one of these?

    They have not even been to court against 'our' coached defendants. No hearings, the most they've done is DQ stage so far.

    And you almost couldn't lose v CEL (unless you got a truly awful Judge (e.g. Wigan Court have been diabolically bad, but most understand keeper liability), as long as the registered keeper is the defendant, and the driver has never been admitted.

    This is worth a read, where a victim filed a counter-claim with the defence and CEL forgot to defend it!

    http://forums.moneysavingexpert.com/showthread.php?t=5655023

    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • eits88eits88 Forumite
    53 Posts
    Thank you very much for you response coupon-mad. Can you tell me the procedure after I send in a defence? Do most people just not hear anything back and that's that or is there a formal closure to the case?

    Does anyone have any advice on what to send as a firm of defence?

    Many thanks for any help!
  • edited 30 June 2017 at 9:45PM
    QuentinQuentin Forumite
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    edited 30 June 2017 at 9:45PM
    Read up in the newbies FAQ thread near the top of the forum where you can find advice on court procedure as well as links to other resources which will help you understand the court journey

    You should never reveal who was driving.

    Edit your posts to remove details of who was driving. The ppcs monitor this forum and can use your posts against you
  • eits88eits88 Forumite
    53 Posts
    Thanks quentin, do you have the link?
  • QuentinQuentin Forumite
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    Look it up! You have been told where it is
  • eits88eits88 Forumite
    53 Posts
    Apologies quentin, I have indeed found it and is been very informative. A lot of the information depicts the scenario whereby a court hearing takes place. Am I right in saying that most of these cases against Civil Enforcement Ltd don't make it that far once a scripted defence is sent in?

    Could you pls point me to a defence template which I could adapt? If it helps others in this forum, I plan to detail all proceedings to the final stage so that anyone in the same position as me can use it as a resource for their journey.

    Many thanks for any assistance.
  • eits88eits88 Forumite
    53 Posts
    Could you explain why it's important not to reveal who was driving?
  • edited 30 June 2017 at 10:20PM
    Coupon-madCoupon-mad Forumite
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    edited 30 June 2017 at 10:20PM
    Am I right in saying that most of these cases against Civil Enforcement Ltd don't make it that far once a scripted defence is sent in?
    None of them have gone further than DQ (early paperwork, as you will have seen from bargepole's summary) stage. Not 'most' - NONE on here have gone further yet.

    And if they did, the fact that posters here have won 100% of fully-coached, well-defended cases (hundreds) in the past year since these firms jumped on the bandwagon, would suggest that CEL's chances of winning are very low indeed. They can't hold a keeper liable, so don't say who might have been driving.
    Could you pls point me to a defence template which I could adapt?

    No template as such (and like Quentin, I don't believe in giving unneeded links when it's better for newbies to navigate the forum and learn how it works). But there are absolutely loads of similar repeated defences are here. All you need to do is go back maybe 20 pages on this forum over the weekend, clicking on any CEL claim thread headings.

    You will see advice galore and a pattern (almost templatey) for CEL defences, it will be really easy once you've found a few.
    eits88 wrote: »
    Could you explain why it's important not to reveal who was driving?
    Because CEL can't hold a registered keeper liable - hence, given the choice, who should defend - driver, or keeper??! Even if it's the same person, that person can defend as keeper and doesn't have to say who parked. They are then untouchable.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • QuentinQuentin Forumite
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    eits88 wrote: »
    Could you explain why it's important not to reveal who was driving?

    Read up on POFA
  • eits88eits88 Forumite
    53 Posts
    Maybe I screwed up then because when I appealed the original "fine" I outlined the story as above (prior to my editing)... Is it game over for me?
This discussion has been closed.