Civil Enforcement LTD

Loadsofchildren123

OP, you need to amend the document you've put on dropbox because it contains your name.
On the one hand you have nothing to hide, you've clearly stated you weren't driving, haven't identified who was, and have said that they weren't parked there anyway at the times claimed. On the other hand, PPCs sometimes monitor this forum and there can sometimes be things in posts which are unhelpful.

Loadsofchildren123

nicks_mate wrote: »

I have received an identical letter on the 26th from them (apart from where the car was allegedly parked on the 2/6/17).

The main difference though is mine is a leased company car and the letter was sent to my head office that have forwarded it to me.

This is the first communication that head office have received from them.

I realise that I need to start my own thread but I'm watching this with interest.

Do start your own thread, but in the meantime you could fire off something similar to CEL. Could you also get confirmation in writing from head office that this is the first they've heard about it?


To both of you: if you receive proceedings, do NOT return the AoS if the Claim Form says that further Particulars of Claim are "to follow". You don't have to do ANYTHING until after those further PoC are served. After they are served, the normal timetable applies (14 days for AoS, 28 days for Defence).

Granty022

This is great, thank you so much! Is this ok to steal and post off to them? Apologies, no I haven’t moved house since, and bought the car way before this, have had issues with post going to neighbours, but as far as I am aware they always bring it round?

Coupon-mad

Don't post letters, unless you get proof of posting and NOT using 'signed for' recorded or special delivery - bored with explaining why not (search the forum if you like but it is pretty obvious why not to rely on them to sign).

Email it to them. You have their email on the PCN (if you saw one) or their letter. Or do a 'Google image' search for a PCN.

perhaps C-M might link it to the Newbies thread as an example of what to send CEL/PPCs direct, where there are no solicitors.

Will do!

nicks_mate

I have now started my own post entitled "CEL and a leased car"

Loadsofchildren123

Granty022 wrote: »

This is great, thank you so much! Is this ok to steal and post off to them? Apologies, no I haven’t moved house since, and bought the car way before this, have had issues with post going to neighbours, but as far as I am aware they always bring it round?

Yes of course, I wrote it for you and anyone is welcome to use and adapt it.

Granty022

I have sent the email this morning, i will let you know what they come back with, thanks all

Granty022

I Still have not heard back from them, and towards the end of the email it says "If you do not provide me with this information within the 30 days required by paragraph 5.2 of the Protocol" what does that mean, if i don't hear anything by Thursday then effectively they don't have a leg to stand on? Thanks

nosferatu1001

Sadly, it doesnt cut their legs out from under them. there is NO MAGIC BULLET in all of this

What it means is, that IF they tren try to start court action without having provided this info, they are potentially (note the caveat, nothing is certain) liable for higher costs awards IF you win.

Loadsofchildren123

If they start court proceedings without responding, then I would write to the court and ask for it to make an immediate order staying the Claim until they have complied with the requests in your response to the LBC. They have the power to do this under the Practice Direction - Pre-Action Conduct para 15(b), read paras 13 onwards. This part of the old PD continues to apply to claims covered by the new Protocol for Debt Claims, which is specifically stated in paragraph 7.


Whether or not it's really worth doing this I don't know. The court is likely to refuse to act on your letter and tell you to file an application, which will cost you £100. But if you win you get this back. This will cause the file to be transferred straight away to your local court (there are apparently no judges or legally qualified staff at MCOL). I think that the new Protocol is quite clear, as is their breach of it, and your requests for information are to the point and are not irrelevant or a waste of costs (it is all information they'd have to produce in the proceedings anyway). So I think you'd have a good shot at getting the claim stayed and forcing them to comply. If you can spare the £100 I'd do it. The risk of course is the court rejects the application and you've lost the £100. If you do apply, you need to quote the case law on compliance with the PD which you've already included in your letter.


If it was me, I'd apply because their refusal to comply with the PD is so obvious and serious and you've pointed it out to them in detail. But that's easy for me to say, I'm not the one spending £100.


If my memory serves me correctly, nicks mate (who posted on this thread and then started his own) managed to get CEL to withdraw, so hopefully this will work for you too.