Another CEL claim form

Coupon-mad

Wow they are clearly desperate and this is their way of extracting money from the most scared people, who they hope will blink just before CEL are about to discontinue, anyway!

The_Deep

[FONT=Times New Roman, serif]This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences. [/FONT]


[FONT=Times New Roman, serif]Parking Eye, Smart and a smaller company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (who take hundreds of these cases to court, and nearly always lose), who have also been reported to the regulatory authority. [/FONT]


[FONT=Times New Roman, serif]The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.[/FONT]


[FONT=Times New Roman, serif]http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41[/FONT]


[FONT=Times New Roman, serif]and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.[/FONT]

scorpi06

Below is a draft of the email I would like to send them, copied from a letter LOC drafted for another defendant. I am tempted to not mention any costs as I would love just to get this over with but I have incurred costs and so my sense of justice has led me to mention a minimal figure of £100.


Civil Enforcement Ltd
Legal Department
Horton House
Liverpool
L2 3PF

25 February 2018

Dear Civil Enforcement Limited,

You have been aware for some time that the claim brought by you is baseless and bound to fail. However, you have nevertheless chosen to pursue the claim this far, forcing me to draft and file a full defence, witness evidence and documents upon which I rely. In comparison, all you have done is file a claim so brief that it verges on being incoherent, and a Directions Questionnaire. The final hearing is just 3 weeks away - as a litigant in person your conduct is causing me significant prejudice and I will draw this to the court's attention.

In response to your offer of a full and final settlement of £175, I must make clear my position, as follows:

1. As this is a baseless claim, and you have known that for some months, I will not accept anything other than a complete, unconditional withdrawal.

2. Again as this is a baseless claim, you have breached my rights under the Data Protection Act by requesting, processing, storing and continuing to store my data and this has caused me significant distress. You must cease to do so immediately. My rights to bring a claim or a counterclaim are expressly reserved and I expect your proposals for settlement to include a sum of money in respect of damages, in return for which I will agree not to make any claim/counterclaim.

3. I have been forced to spend a considerable amount of time and effort defending this baseless claim, including incurring direct expenses on site visits, postage, stationery and so on. I have had to spend hours researching the law and drafting a full defence and witness statement, and gathering documentary evidence. As a litigant in person, this has caused me significant distress and inconvenience. In contrast, all you have done is to draft and serve a robo-type claim and witness statement so brief and vague it is almost incoherent, and to complete a Directions Questionnaire. Any proposals must include a sum of money to reflect your conduct and the distress and trouble caused to me.

As a goodwill gesture, and on an entirely without prejudice basis, in order to achieve a settlement I suggest that you make an offer of no less than £100 in respect of 2 and 3 above.

In the meantime, my rights under the Data Protection Act are expressly reserved.

Should settlement not be reached, I am entirely confident that my defence of the claim will succeed and I make it clear that, since the claim is clearly baseless and this has been clear to you all along, I will be seeking a punitive costs order pursuant to Rule 27.14(2)(g).

Yours faithfully,

scorpi06

Lamilad wrote: »

That wouldn't have been in their WS. Was it in an accompanying cover letter?

It's total rubbish anyway. They can't claim anymore than the amount stated in the PoC, with the exception of reasonable travel costs for their rep

Yes this is a covering letter to their WS. The WS is very basic and a robo-type document. I'll try to post it.

Edit: Unable to post links as I am a new user.

KeithP

The sentence in point 2 "It must cease to do so immediately." should be "You must cease to do so immediately.".

Otherwise it looks good to me.

ixworth

Is this a new CEL tactic, or one that they've used previously?


I have just got the same letter, probably the same Witness Statement and, from the looks of thing, the same date, even though my case isn't until late April.


I was just going to ignore it as it looks like the last throw of the dice from them before they bail (i.e. don't pay the hearing fee). Is there any merit on pushing the matter with what is effectively a drop-hands offer?

Quentin

You need to start your own thread for any advice and not hijack someone else'

Search other cel threads to get acquainted with their ways!

Loadsofchildren123

All I can say to ixworth and scorpio is that we are not aware of CEL proceeding with any properly defended cases. They bail at the hearing fee stage, or earlier. At least CEL bail - other PPCs just carry on regardless, treating the very few cases that go all the way as loss leaders.
These letters look like a last ditch attempt before they bail. There's no guarantee of that though - they may change their policy and start litigating all cases, regardless of whether they will win or lose.


So to answer your question, I'd either write with a drop hands or asking them for money and expect a drop hands in return.

ixworth

Quentin wrote: »

You need to start your own thread for any advice and not hijack someone else'

Search other cel threads to get acquainted with their ways!

I wish people like you would keep you opinions to yourself about where and when I post. I have my own thread thank you very much and was simply asking a question related to Scorpio's post. If you've not got anything positive to add, please don't bother butting in.

Quentin

ixworth wrote: »

I wish people like you would keep you opinions to yourself about where and when I post. I have my own thread thank you very much and was simply asking a question related to Scorpio's post. If you've not got anything positive to add, please don't bother butting in.

You must be able to see how busy this forum is.

We cannot e expected to know whether or not each poster has their own thread or not.

Keep everything on your own thread is for the best as each thread has the background which may be different.

I didn't express any opinion did I?? Just gave you some advice.

You don't have to take it, but no need to be unpleasant if you aren't happy