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Civil Enforcement Defence

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  • Crikey. Well spotted!
  • It's a mystery why they are bothering to serve separate PoC then!

    I can only imagine that by sending separate correspondence they believe it is more intimidating and it would nudge people into paying.
  • I think Paras 1-12 are pretty much there in terms of procedure but 13 onwards need improving to actually defend the matter. Give me a couple of days and I'll come back.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Its not bullying per se. Its just a cheap way of processing claims in bulk. Minimal effort for teh supposed "£50" of solicitor time they usually claim.
  • MoreFish
    MoreFish Posts: 13 Forumite
    By way of an update:

    The allocation questionnaires were sent in and I received the hearing date and directions from the Court. CEL had until 7 Feb to pay the hearing fee, 21 Feb for disclosure and the hearing was set for 7 March (my birthday!).

    Letter received yesterday from CEL confirming they have withdrawn the claim and cancelled proceedings.

    Many thanks to everyone on here for the help and support you give. It really is worth the effort to defend these claims and draft a quality defence using the information on this forum.

    AG :beer:
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    MoreFish wrote: »
    By way of an update:

    The allocation questionnaires were sent in and I received the hearing date and directions from the Court. CEL had until 7 Feb to pay the hearing fee, 21 Feb for disclosure and the hearing was set for 7 March (my birthday!).

    Letter received yesterday from CEL confirming they have withdrawn the claim and cancelled proceedings.

    Many thanks to everyone on here for the help and support you give. It really is worth the effort to defend these claims and draft a quality defence using the information on this forum.

    AG :beer:
    Good news, second one like this today and it's Sunday ???

    Phone the court to confirm this as CEL is not a company
    you can trust

    Ever wondered what the "C" stands for in CEL, they like
    to think it is CIVIL ..... HAHA we know better
  • Coupon-mad
    Coupon-mad Posts: 152,426 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 14 January 2018 at 7:47PM
    Same as this one:

    https://forums.moneysavingexpert.com/discussion/5734907

    This is what happens in all CEL cases when well defended, just wish more people knew that!

    Two things to now do to fight back, if you haven't already:

    https://forums.moneysavingexpert.com/discussion/comment/73697428#Comment_73697428
    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
  • You could also apply for costs - please refer to peperlini's thread which contains precedents. You just write in and ask, and say there's no need for a hearing - nothing to lose but a(nother) couple of hours of your life. You'll need to adapt her skeleton argument to fit the factual matrix of your case, and take care to refer to the Protocol as well as the PD if your claim was post-1 October.
    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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