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Civil Enforcement Ltd - parking in hotel car park

13

Comments

  • Umkomaas
    Umkomaas Posts: 43,912 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 3 November 2017 at 9:49AM
    I will state that it was late anyway.
    Can you remember (or even have a good guess at) when the letter was received? If so, I’d work on the basis that the date stamp on the envelope would be 2 working days prior. State that was the date.

    It’s not for you to prove when they actually sent it, it is for them. If they argue the date, they’ll likely dig themselves more of a hole.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    You dont send the defenCe just yet (check spelling, this is an important detail) unless you are outside of tyhe 14 days from the service of the PoC.
  • Shimzoo
    Shimzoo Posts: 10 Forumite
    I received a copy of the letter in the post from the hotel manager. I have sent that to the County Court and to CEL recorded delivery along with a covering letter requesting the claim be withdrawn. That was on the 6/11/17.

    The issue date of the Claim (on the county court claim form) is 9/10/17 which was received a couple of days later. The date on the POC sent later by CEL wqas 11/10/17 but was not received until circa 28/10/17 (while I was on holiday). I have discarded the envelope it came in stupidly.

    I would appreciate guidance on if/when I should submit my defence. How long do I wait for a response from the court or CEL from the letter?

    Thank you for your continued support.
  • Coupon-mad
    Coupon-mad Posts: 156,247 Forumite
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    I received a copy of the letter in the post from the hotel manager. I have sent that to the County Court and to CEL recorded delivery along with a covering letter requesting the claim be withdrawn. That was on the 6/11/17.
    Why? Waste of postage money, this is not time to send evidence/letters from third parties.
    How long do I wait for a response from the court or CEL from the letter?
    You don't wait, this was not a step to take.

    Why didn't you ask when such evidence is submitted? It's not yet, and to be fair the 'know what to do when' section of the NEWBIES FAQS thread tells you this already.

    Please read all the other CEL cases, it's easier than us repeating ourselves a dozen times every day.
    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
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    The period for filing a defence
    15.4
    (1) The general rule is that the period for filing a defence is –
    (a) 14 days after service of the particulars of claim; or
    (b) if the defendant files an acknowledgment of service under Part 10, 28 days after service of the particulars of claim.
    (Rule 7.4 provides for the particulars of claim to be contained in or served with the claim form or served within 14 days of service of the claim form)

    They werent served until the 28th. Guess when your defence is due?
    But only if you tell the court
    And send the CEL letters youve been told to, which ask them to explain their backdating, late service (if applicable), and to send their cert of service.
  • Coupon-mad
    Coupon-mad Posts: 156,247 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If the POC were backdated, 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!

    And if you didn't send the CCBC a complaint please send one by email quickly now to Amanda Beck, even if you haven't got the envelope you can state as fact the backdating issue and when the POC actually arrived.
    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
  • Shimzoo
    Shimzoo Posts: 10 Forumite
    I wanted to send a quick message to say thank you very much for your guidance everyone. I have just received a letter from Civil Enforcement Ltd where they advise they are no longer pursuing this. What a load of hassle!! You guys were brilliant. Thank you! Thank you!!
  • claxtome
    claxtome Posts: 628 Forumite
    500 Posts Fourth Anniversary Combo Breaker
    Great news :)
  • Coupon-mad
    Coupon-mad Posts: 156,247 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Shimzoo wrote: »
    I wanted to send a quick message to say thank you very much for your guidance everyone. I have just received a letter from Civil Enforcement Ltd where they advise they are no longer pursuing this. What a load of hassle!! You guys were brilliant. Thank you! Thank you!!

    Yay, hooray and well done!

    :T
    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
  • Shimzoo, if you want to help the hotel, refer the manager to this thread:


    http://forums.pepipoo.com/index.php?showtopic=117947


    If the contract was not properly signed under S.44 of the Companies Act then it's invalid and he can get rid of CEL, which would be rather satisfying revenge for you. If the contract isn't valid, they are trespassing.
    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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