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CEL Claim Form - Advice on Defence Please

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  • Coupon-mad
    Coupon-mad Posts: 151,354 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    PLEASE NOW forward the complaint you made to the CCBC, to another email address. We need LOTS of these to fly into a specific inbox now:

    https://forums.moneysavingexpert.com/discussion/comment/73400735#Comment_73400735

    Once that has been done, please confirm. We need to bombard the CCBC (specifically to Amanda Beck who is aware of this scam) with evidence about CEL.

    Do this - even if you've already emailed a complaint - PLEASE forward it now!
    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 THREAD
  • A quick update..

    I haven’t received a reply from CEL after sending them the complaint letter about the backdating of PoC and asking them to send me the certificate of service.

    So I phoned the CCBC today and spoke to a very pleasant Lady and asked if they had received the N215 certificate of service from the Claimant.

    Unfortunately, the very pleasant Lady had no idea what an N215 certificate of service was, so put me on hold, she then came back with some bo**ox about not being able to challenge the claim as the DQ had been sent out. Challenge the claim!!!!!?????

    So I told her that The Civil Procedure Rules are quite clear, Practice Direction Paragraph 6.1 Particulars of claim and certificate of service (2) The Claimant must file a certificate of service in form N215 at the County Court Business Centre within 14 days of service of the particulars of claim on the defendant.

    I asked again if the Court had received the certificate of service. She seemed quite shocked by that and ummed and arrred, then put me on hold again.

    She came back and stated that they had no record of the N215 form on my file.

    So what to do next about the certificate of service, as I’m very worried that the CCBC haven’t got a clue what they are doing?

    Do I write back to CEL and request the certificate of service??

    Some advice would be welcome on the best course of action

    Thanks
  • Done but it bounced the email back saying that the bulk centre email does not receive emails
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Berribear wrote: »
    Done but it bounced the email back saying that the bulk centre email does not receive emails

    Check other CEL threads.
    This issue has been discussed ad nauseam.
  • KeithP, please clarify, when you say this has been discussed to the point of nausea, are you referring to the CCBC email address not being correct, or the issue of CEF not sending the certificate of service to the CCBC??
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Stick bounce back into the forum search facility, choose the show posts option and you will see many explanations.

    You really need to be looking around to see how others are coping with CEL issues.
  • KeithP wrote: »
    Stick bounce back into the forum search facility, choose the show posts option and you will see many explanations.

    You really need to be looking around to see how others are coping with CEL issues.


    Found it, thank you Keith P


    I've just responded to the bounce back email with the following:-


    "Dear Amanda,

    Please could you confirm you have received my complaint about the claimant back dating the Particulars of Claim

    I also rang the court yesterday 22/11/17 at 12.50pm to ask if you had received the N215 certificate of service from the claimant, to confirm the date of service of the particulars of claim. The lady on the phone didn't seem to know what an N215 certificates of service was, however I asked if she could check my file my court file to confirm if it had been received or not, the lady put me on hold, but after a while came back and confirmed the court had not received the certificate of service.

    Please could I ask that you confirm in writing by return that the court has not received the certificate of service ?

    Regards,

    XXXXXX"


    Hopefully she'll reply and confirm CoS hasn't been recieved
  • CEL have filed N215s on some cases I've read.


    However, nobody has yet been able to establish what the form actually says. Does it state that service was by post on 11 October, or the real date?


    If the N215 contains inaccurate information it's potentially a serious matter because the form contains a statement of truth.


    If one is filed in your case, please try to get a copy of it or at least get them to tell you the date it claims the PoC were posted to you.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • CEL have filed N215s on some cases I've read.


    However, nobody has yet been able to establish what the form actually says. Does it state that service was by post on 11 October, or the real date?


    If the N215 contains inaccurate information it's potentially a serious matter because the form contains a statement of truth.


    If one is filed in your case, please try to get a copy of it or at least get them to tell you the date it claims the PoC were posted to you.


    Ok I'll let you know, although I don't hold out much hope of getting the dates, as the 2 emails I;ve sent have now been bounced back. I've just tried the alternative email with the above request for confirmation, so lets see what the brings.


    I also intend to write two letters to CEL again today, as it has been over two weeks since I sent the first letter about backdating the PoC and the failure to send the contract the allege the keeper is in breech of.


    It probably won't achieve anything, but it all the correspondence will hopefully improve my witness statement
  • the emails will bounce back, but there's evidence they are still being read because Amanda (or someone else) is responding to them, in spite of the bounce back messages saying they aren't being read.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
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