Contacting Landowner After Claim Form Received - Any Successes?

Berribear

Ive received a claim form for a parking charge notice. I've read the Newbies guide and have completed the online MOCL

I am now preparing thecdefence details using examples on here quoting the new October 2027 ptotocols.

However, I actually know the landowner where PCN was issued and I am on good terms with them. My question is this:-

Has anybody had success at stopping court proceedings from Civil Enforcement Ltd by contacting the Landowner to inform CEL to stop proceedings?

By the way if anyone was wondering why I didn't contact the landowner as soon as the PCN was received, it was because I didn't receive the PCN as I had sold the vehicle so all correspondence must hsve gone to the new keeper.....all I received was the Claim Form

Half_way

need to go in carefully+ say the right things, don't send anything do anything yet wrt landowner will post back later

Berribear

Okay, look forward to your reply

The Landowner is actually a very reasonable chap

Half_way

still on a poxy mobile...
in brief, the landowner is responsible for the actions of his/her agents, also without authority from the landowner, his/her agents can not pressure in court, authority can be withdrawn add any time right up to the hearing starting.

if you can get the landowner to state that they didn't want this proceeding in court, and you again inform the parking company that it should be dropped, showing them the evidence as well then the ppc will have no case and you could potentially claim full costs against the ppc fur unreasonable action.
Also of your friendly with the landowner why not ask, ie get permission to park there in the future more often?

Berribear

Okay I will approach the Landowner and ask to stop proceedings

I'll let the Forum know how I get on

Coupon-mad

Same as all the other threads about CEL, please read them, or search the forum for:

Denton

or

Unless order

because you haven't got your Particulars of Claim yet, have you. That means you need to take different action.

Berribear

Okay, I've read the other threads about CEL and failure to send POC within 14 days, so I will write to them with an edited version of your letter, with my relevant details, is that the correct course of action? :-


Dear Sir/Madam,

Claim No. ###########

I am writing to you in regards to a money claim put on addressed to me by your company, Civil Enforcement Ltd.

I have just finally received the Particulars of Claim today (24/10/2017), which are rejected because they should have been sent to me by 17/10/2017 at the latest. (or 22/10/2017 if we are to offset this by 5 days from when the claim was first served as stated in the original document). Your company is in breach of CPR 7.4 because your particulars have been served out of time. In default of service, it is a fact that Civil Enforcement is in breach.

In order to get permission for late service of particulars, the claimant must apply to court for relief from the sanction (CPR 3.9). The test is that in Denton v TH White Ltd [2014] EWCA Civ 906. referred to in my other thread.

One may As an unrepresented Litigant-in-Person, I consider that a delay of several days is more than trivial and, in the context of a claimant professionally represented with volume claims before the court, I believe that compliance with the court timetable is an imperative, and your breach has caused me significant detriment. The delay in serving may now mean DQs are not sent out before the New Year.

I would write to the claimant pointing out that in breach of CPR 7.4 their particulars appear to have been served out of time.

Accordingly whilst you I consider the position, you I require a copy of the certificate of service filed at court, verified with a statement of truth from a named individual, confirming the date of service. In the meantime, since no valid Particulars have been served, the matter is unable to proceed and there is no requirement upon me to serve a defence at this stage, and nor will you be able to enforce the claim.

Yours faithfully,


YOUR NAME AND ADDRESS

KeithP

Are you now going to edit that letter to remove all the struck out text?

It's fine lifting text from other posts, but you must look at what you are doing.

DavidM1989

I will be keeping a very close eye on this thread as i am in the exact same situation. Just waiting to hear back from the land owner before i proceed. I have my fingers tightly crossed that they back me

Half_way

the land owner may not know they can put a stop to things, if they have been suckered into the parking company's bullshyte, so pay what you intend to say here first