CEL County Court Claim form received

wanderer2426

Received a claim form from the County Court, the claimant being 'Civil Enforcement Ltd'. Spent most of the day reading all the advice on here by people who have been affected and who have taken the time and trouble to help others.

Believe that this case is similar to that of 'DPB' who posted on this site in April and had her case dropped in September this year.


Literally just following all the steps suggested in the newbie post, and having acknowledged the claim form today on the MCOL site, and am now sharing my case with all you wonderful people, hoping for some help and guidance along the way!

The situation is that the driver was parked on a carpark opposite their normal workplace that had always been free to use. It wasn't the normal place to park as usually parked on a public carpark behind workplace, however one day it was full so driver used this car park instead. Letter detailed below was received, this is the first indication that it was now operating a 2 hour limit. Don't actually know how much went over as it doesn't say. Car park was checked to look for signs saying this and they were there, but were not at all prominent, and driver never saw them the day parked, it had always been a free car park before so were not noticed.

The first letter received with reference to a PCN was actually headed 'Parking charge notice reminder' final reminder before action, asking for £100. It said on it that the PCN issue date was in Feb but was received this in March, nothing received in Feb. But the reminder stated the incident date in Jan and the PCN issue date in Feb which appear to be within the 14 days of each other.

Above letter was not acknowledged or any of those since received by ZZPS or Wright Hassall as it was assumed they were cowboys trying to scare into paying money over. Having read things since, think driver should have just appealed, however now at this stage.

Can template in DPB's case be used or do you think it needs changing?

Any advice would be appreciated.

Redx

edit the above to remove any hint of who was driving

the correct terms are

THE DRIVER

THE KEEPER

Redx

this is the thread https://forums.moneysavingexpert.com/discussion/5636907 but I would say check recent CEL clourt claim threads for a more up to date defence , especially because the protocols changed 2 weeks ago meaning the PPC or their solicitors have more hoops to jump through , especially when it comes down to the POC

wanderer2426

Are there any more recent, as can't find any? Is it actually worth challenging then?

Redx

the NEWBIES sticky thread has at least 2 that are used as templates and there have been DOZENS of CEL court claim threads posted on here over the last 6 months , so zillions have been posted since april 2017 , which is why I decided it was TOO OLD to use

no idea what you mean about "challenging"

you have an MCOL, so at this moment in time you should ASSUME its going to your local county court in front of a judge

you need to draft your defence if you have completed the AOS online , because you are DEFENDING the court claim (not challenging it)

wanderer2426

Obviously incorrect use of words, wouldn't be on here asking for advice if knew what was doing!
Know that draft defence is required, just wanted guidance in doing so, this site seemed so helpful to other users, was hoping it would do same in this instance

Redx

as this is a legal matter its paramount that you use the correct words, hence why I also asked you to edit post #1

we know you are new to this site and new to this topic, otherwise you would not be asking , so as you have an MCOL you are drafting a DEFENCE as DEFENDANT to a claim made by a CLAIMANT

you talked about a 6 month old case and defence so I looked it up and posted the link for you (because you failed to post a redacted link)

I checked the NEWBIES sticky thread and both the defences listed as templates are JUNE 2017 , so 2 months younger than the one you asked about

CEL court claim threads feature on here almost daily , they have done so for many , many months , so due to the recent changes 2 weeks ago you are expected to check the BARGEPOLE post about these changes and see if CEL have complied with the new MCOL protocols (which umkomaas has posted a site that explains them several times over the last 2 weeks on here)

if they havent then this will also feature in your defence

these new protocols are new to EVERYBODY , so we need all new oct 2017 claim members to be aware of them and to take them into account and report back, so we ALL learn

this is why I said you should beware using a 6 month old defence , because I knew you would not be aware of the changes

I can assure you that these CEL defences are posted almost every week on here so to say there arent any is either misinformation or you have looked but not LOOKED (if you catch ma drift)

the drop down forum search box will help you (and anyone else) to find them

its also what I used to find your DPB thread

KeithP

Threads about CEL defences are so common that thirty odd have been posted on in the last week alone.

Stick CEL Defence in the forum search facility to find them.

Redx

this one was posted today , below your thread

https://forums.moneysavingexpert.com/discussion/5727582

cant find any my **** (as Jim Royle would say , lol)

wanderer2426

Sorry, I didn't realise there was a search facility on this page, even after your reply I only just managed to find it so thanks for pointing it out, found these now.

Where can I find info on what has changed? Since you said that, I'm wondering if they are persuing this now due to these changes as the last correspondence I received was In June. What do I need to change in the defence letter to allow for changes or where do I go to research?

Redx

umkomaas just posted them in another thread below yours

https://forums.moneysavingexpert.com/discussion/5727735

please keep up , lol

at the moment I and many others cannot tell you what needs putting in the defence (its not a letter , it will be saved as a legal document in PDF format , printed , signed and dated , scanned into the final PDF legal document and attached to an email to the CCBC)

as I said , its new (2 weeks old) and everyone in england and wales is getting to grips with it

but I would have thought that using todays CEL defence as the basis for your defence makes more sense than a 6 month old one (I read it this evening before you even posted so I knew there were new ones about)

we are not trying to belittle you, we are trying to put the current facts to you (for free) so you can make informed decisions

nobody here is an expert on these matters (except maybe a couple of solicitors and bargepole of course)