Help needed for pcn from cel

NatashaH88

Hello, Thank you for your reply. Yes, I have put on my defence and completed the form.
I am now going to look through the link as you have suggested so I know what to expect. Will this need lead to a ccj if it goes to county court?

Redx

if it loses, YES, in which case pay it off IN FULL within one month so it is removed

CCJ,s etc are also talked about in that NEWBIES THREAD, the thread people do not read or study


at the moment its your WS that needs doing plus any exhibits (evidence), the date these are due by is on your court papers from your local court

NatashaH88

I have read through your link sent. Thank you. My witness statement is then something septerate to my defence sent?
My circumstances are different as I appealed to Popla before looking to the web for advice. I lost at popla and then the process of civil enforcement chasing me started.
I am terrified of going to court and getting ccj. The paperwork does not state how much the claim is for. I am also not sure what should be submitted as evidence? I am lost!

NatashaH88

Thank you red. Yes the date for evidence is in March.
Now they have gone this far in your experience do you feel civil enforcement will follow through?

I have read the newbies thread over and over. I was confused with the difference between a ccj and a small claims. Seems there is no difference in consequence.

Redx

I dont have any court experience and never said that I had !!

your MCOL claim form had all the figures on it, the one you received from Northampton last october before you submitted your defence, please read it

the NEWBIES thread has a link to a post by BARGEPOLE which tells you what happens and when, plus your local court paperwork also tells you this, which I just repeated as its on every court document for these civil court claims

evidence would be pictures, documents like leases or contracts , any info from a SAR or dvla query etc , this is IN ADDITION to your first person WS, which everybody submits

why are you terrified of a CCJ ? its just a piece of paper, you wont be hung , drawn and quartered and left on a pike near the tower of london ?

if you lose , pay up , promptly, within one month (state one month if the judge asks you)

if you win , its over

its NOT PAYING THE JUDGMENT within one month that trashes your credit rating

nothing to be TERRIFIED about


ps:- months ago I asked you in post #7 to post the full POC (minus personal info like number plate info), so post them below and post the full charges breakdown that they asked for too , so we can see what they added on that is not admissable , like debt collector fees

in post #8, Coupon-mad also asked for those details, you never came back to us

NatashaH88

I have never been in any hot water like this and find the whole thing stressful.

When I asked 'in your experience' o meant within posts. I read through a lot of post on the thread and you often comment so I meant in that sense not legal

So I find this hard to make clear but here is the form breakdown of cost:

Debt+damages claimed the sum of £236
Violation date 24/09/2016
The claimant claims £273.97 for monies relating to a parking charge for above including 37.97 interest pursuant to s.69 of the county court act 1984 rate 8.00% pa from the dates above to -28/09/2018 total debt and interest due £273.97

Then on the side it states the amount claimed 273.97
Court fee - 25
Legal representative 50
Total amount 348.97

I hope this is what you mean?

Redx

I wont be commenting on anything that isnt relevant like speculation and in any case each case is different

yes those charges details are half of what I asked for

I also asked for the P.O.C. from the original MCOL form and you have not posted those details yet, but the original pcn or NTK was an alleged overstay of 18 minutes, so within the 2 grace periods total allowed by the BPA CoP in clause #13

this pcn asked for £100 (the actual charge) and they have inflated this with various fees to a total claim of £348.97p , adding on £248.97p , which is an abuse of process, because the maximum they can get away with is around £200 or less, hence why you DO NOT PAY IT

a judge will decide what you owe, if you lose, that is what you will pay within one month of losing , to CEL, whereas if you win you pay nothing

now post the full P.O.C below, but not any personal info like number plate , then post your full defence that you submitted , MINUS personal info, so no names or VRM details or reference numbers

CEL are abusing the court process and inflating the fees (sc@mming you), with double recovery and cheeky additional fees, so this abuse of process will be mentioned in your WS, plus mentioning the BPA CoP on grace periods etc

so post the POC and defence below

Coupon-mad

You are not in hot water. You are fighting a scam.

Your evidence will depend upon the type of car park, what the signs are like, what the contravention was, and whether you've admitted to being the driver or not.