PCN from civil enforcement ltd and never even there

Unfairly_treated

have received a pcn from Civil Enforcement ltd over two years ago. I reported this to action fraud and was told to ignore it. Subsequent letters from ZZPS and WrightHassle I challenged and requested evidence as I had never been to Basingstoke where the alleged incident happened. Never received any evidence of course. 1 YEAR later, yesterday received a court claim form from Northampton. I now have to dispute the claim but because I didn`t get the letter until yesterday I have been threatened with baliffs! I feel threatened and intimidated, also went to CAB and police and have been told to keep my windows and doors locked until the matter is resolved. How can people get away with this? I am determined to expose these fraudsters and would like to know if anyone else has experienced this degree of harrassment for a notice they are not even guilty of!

Coupon-mad

1 YEAR later, yesterday received a court claim form from Northampton. I now have to dispute the claim

Do that then. Post #2 of the NEWBIES thread covers what to do, so stop sleepwalking.

Tell us when you have done the AOS and what the date is on the claim form.

Right now I can't post much at all but saw your thread & bumped it up to point you in the urgent right direction.

Unfairly_treated

Thanks. I have sent off the AOS recorded delivery. Date on the claim form 05.10.2017.

Umkomaas

I have been threatened with baliffs!

Who exactly is ‘threatening you with bailiffs’?

Do their letters literally state ‘bailiffs’?

Unfairly_treated

CEL have not provided me with any evidence just my VRN. The hotel where the "parking incident" took place are following it up too as their contract I believe is with CEL. Speaking with hotel manager tomorrow.
Thanks

Unfairly_treated

I realise after researching the way these things go that bailiffs can`t be actioned until after the court hearing. Wright Hassle told me that bailiffs would be sent but I know now they are just trying to get me to pay. The debt has been recalled by CEL. I keep asking for evidence that my car was there on the day but they will not provide me with any!

claxtome

Date on the claim form 05.10.2017.

Just in case you are not sure you have 33 days maximum to submit your defence.
Which by my calculation is 08/11/2017.
Be careful though if posting you need to give time so it arrives by that date.
You can also email it - bear in mind the email must show a signature though.

Half_way

If dealing with the hotel manger, read carefully, do it right and it should be cancelled.
you said you had never been in the car park, is this an anpr miss read where your vehicle never entered or even visited the car park?
saying your had never visited can be interpreted as, you had never been there before, or you never visited there at all.

Loadsofchildren123

Don't panic.
Your defence is that you dispute the debt, you cannot have entered into any contract to park because you have never visited the car park in question and your car was not parked there on the day in question, your evidence will show that you were at a different place x miles away, in possession of your car. this must be a case of mistaken identity.


I'd write to them now with all your evidence and invite them to withdraw the claim. Normally we'd say don't give them the heads up about your evidence, but if you provide clear evidence now they should hopefully withdraw (and if they don't then they will lose).


What evidence have you got to show (i) where you were and (ii) that you had the car
Eg (i) - text messages, emails, facebook/social media posts, bank statement entries/receipts showing where you were; was anyone else with you (name them and say they will provide a statement)
Eg (ii) - your insurance policy showing no-one else was insured to drive it; petrol receipt showing you buying petrol x miles away; you will provide a statement from the person you were with to say that you were driving your car.


Tell them that this must be a case of mistaken identity. You have asked on x date(s) for pictures of your car and they have failed to provide this.


Tell them that in the circumstances, they are committing a breach of your rights under the Data Protection Act in processing and retaining your data and that you will be counterclaiming for damages. Also they are committing an offence under S.1 of the Protection from Harassment Act and, likewise, you will be counterclaiming for damages. If they withdraw now then you confirm that you will not pursue either claim.


Set a deadline for them to reply - eg in the circumstances I'd say 7 days and say that this time limit is in order to avoid you having to draft a defence and the further distress and anxiety that this will cause you.

The_Deep

. Wright Hassle told me that bailiffs would be sent.

This may be a matter for complaint to the SRA.

https://www.sra.org.uk/solicitors/handbook/code/content.page

Loadsofchildren123

The WH letter probably contains a sentence saying how if judgment is obtained and not paid, they can get a CCJ which will affect credit rating and/or send in the bailiffs. So a person reading it will panic. In my view it's a bit premature to be saying that in a LBC - but it's not wrong and although it's probably misleading it probably also contains some wording that will get them off the hook with the SRA.