Claim Form relating to parking charges from Civil Enforcement ltd

Heidijohnston

Back in January the driver was picking up her daughter from a football game, The game was in Gloucester, the sat nav took her to a car park at the side of the pitch where she pulled up in a bay and waited for the daughter to finish. She didn't actually turn her engine off. The car park ran along the side of the pitch and she assumed it was part of the facilities. She was there for 30 minutes.


A few weeks later she received letters from Civil Enforcement LTD demanding parking charges as they said the car park belonged to The Ibis Hotel. She didn't see any signs whilst she was there. Anyway, after reading bits online she decided to ignore the letters but last week received a claim pack from Northampton County Court.



The particulars of the claim are as follows:


Claim for Monies relating to Parking charge for parking in a private car park managed by the claimant in breach of the terms and conditions (T+C's). Drivers are allowed to park in accordance with the T+C's of use. ANPR cameras and/or manual patrols are used to monitor vehicles entering and exiting the site. Debt + damages claimed the sum of 236.00
Violation date: 14/01/2018
Time in: 15:22 Time out: 15:52
PCN ref: Ref3203231134
Car Registration no: ********
Car Park: Ibis Saw Mills


Total Due: 236:00

The claimant claims the sum of 250.22 for monies relating to a parking charge per above including 14.22 interest pursuant to S.69 of the county courts act 1984 Rate 8% pa from the dates above to-16/10/18
same rate to Judgement or (sooner) payment
Daily rate to Judgement - 0.05
Total debt and interest due - 250.22

She decided to try and defend the claim and has returned the acknowledgement of service stating this.


What is next to do regarding defence letter.

After reading through some template letters, none really read like they relate to this particular case.


Any help really appreciated.


Regards

trisontana

You have not received a "CCJ" (County Court Judgement) from the parking company, just the court papers. The only way you will get a CCJ is if the case goes to court, you lose and you fail to pay whatever the judge orders within 28 days,

peter_the_piper

You've only got CEL's word for it that they run the car park for the hotel. Why not go back and get pics of the signs, it could be useful in your defence. Plus also remove the I, We etc from the OP, use the driver etc.

nosferatu1001

Yes, as above, You currently have a CLAIM, not a JUDGEMENT

Edit your thread title
AND
Edit yoru first post. "The driver picked up...." - we MUST not be able to identify the dtiver. This is crucial and not to be argued with!

THEN head to the newbies thread, POST TWO, and read it thoroughly. THEN find recent CEL defences - last 3 months shoudl do.

KeithP

What is the Date of Issue on your Claim Form?

beamerguy

CEL, the courts favourite timewasters ?

£236 is OTT but typical as CEL adore to scam

You really need to be talking to the hotel about this, even though she was not a customer, she could be in future

Did the hotel actually employ CEL ?

Does the hotel know that CEL are scammers ?

Worth showing the hotel this link as CEL will attack customers as well as staff

https://parking-prankster.blogspot.com/search?q=cel

The hotel must take responsibility because they will lose business whilst this vermin in installed
Try to get the hotel to cancel. CEL will probably say that now it's at court stage ... it cannot be cancelled ?

As you will read, CEL cancel themselves at short notice because as usual their claim is rubbish.
The hotel MUST be made to understand that CEL will destroy their business if they don't put them in shackles

KeithP

OP, have you used your real name as your forum username?

Then your really should ask MSE to change it to something totally anonymous.

To help with that, you might like to read this short extract from The MSE Forum Guide - Frequently Asked Questions & Rules:

Q. How can I change my username?

A. In most circumstances, this is not permitted.

The only reason we will change your username is if it puts your privacy at risk. This usually means you've inadvertently registered using your name, email address or something that gives away your identity within your username.

If you fall into this category, email forumteam@moneysavingexpert.com and request that it is changed, giving three alternative usernames in order of preference.

Heidijohnston

hi, the date of issue is 17th October 2018 on the claim form

Heidijohnston

That's great, thankyou will ensure she contacts the hotel tomorrow.

KeithP

Heidijohnston wrote: »

hi, the date of issue is 17th October 2018 on the claim form

With a Claim Issue Date of 17th October, and having done the AoS in a timely manner, you have until until 4pm on Monday 19th November 2018 to file your Defence.

That's nearly four weeks to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as described here:

1) Print your Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.