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URGENT CEL Small claims happening soon help!!!

kells93
kells93 Posts: 3 Newbie
edited 19 November 2018 at 2:22PM in Parking tickets, fines & parking
Hello,

I am a 25 year old female, and I am 100% clueless about this kind of thing, so would love someone to be able to help me step by step.

I had been sent letters from CEL CIVIL ENFORCEMENT LTD advising I had parked longer than allowed in July 2016!!! I didn't believe the pcn was legit so I ignored the letter, anyway, i then moved away and didn't get any of the other letters sent to me!! I was contacted by someone at my old address recently after they received a letter for me, I opened it to find a letter from CEL telling me I needed to pay up or go to court. I appealed the case and paid £25 to do a counterclaim. I explained that I wasn't living at the address and found the added charges were unfair as I hadn't got the letters or had any time to respond or sort this out any sooner. I then had a letter back 'Defence to Counterclaim' signed by 'Ashley Cohen' saying I still needed to pay. Following that I got a 'NOTICE OF ALLOCATION TO THE SMALL CLAIMS TRACK (HEARING)' It doesn't say a date on there when the hearing is, but it says by 4pm on 28th November the parties are to send to the count and send to each other a bundle containing the documents on which they intend to rely at the trial including 1) all correspondence, copies of emails, contracts, invoices, receipts etc. 2) Photographs 3) Witness statements. I have tried calling them today to send me a copy of any letters etc they have sent to me so I can use the info in them in my defence, but after being on hold for a few minutes the line cut off. So I haven't been able to get these.....

This is where I need help, I have no idea where to go from here, i haven't had much correspondence with them as I haven't known about the letters etc for a very long time as I moved away shortly after the 'offence' I don't have copies of any of the letters previously sent, I only have letters from around October 2018 regarding the claim as I updated my new address so I didn't have any more letters go amiss. (probably a bad idea)

Im not sure what I am to do, I have been reading other threads about this - should I create a defence and send it to CEL or the county court or both? If i get a date to go to the county court, what should I prepare for? I have never been in this situation and don't know what to expect, I also don't know what I should have with me or the right things to be said to have this written off. Is it worth my time doing? I am worried if it goes to the county court soon, i will get extra charges added on and end up paying more than if i just paid it now to make it go away?

Has this now proceeded too far to be written off? I have only read threads that have been discontinued before this stage so any help would be greatly appreciated.

Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    OK, so when you filled out the box called DEFENCE on the claim form, what did you put?

    Because, this may be a shock, THAT is your defence
    You are FAR FAR FAR past the point where you can submit a defence. your deadline above is the deadline to send in a Witness Statement (WS) plus other evidence; the WS is YOUR facts about YOUR day

    Sad to say I have no idea why you counterclaimed; thats if you are claiming money from them, not that you dont owe the money they say you do. Youve marked yourself out as an easy target, and wasted £25 as I have little hope your counterclaim has anything you cna claim

    SAR CEL, dont ask what thta is chekc here - to get a copy of all documents. TODAY. Do not argue or prevaricate on this
  • Coupon-mad
    Coupon-mad Posts: 161,478 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 20 November 2018 at 3:27AM
    I appealed the case and paid £25 to do a counterclaim.
    Why? What counterclaim was that then, please not just your costs...for which there is no £25 fee. What was the counter claim about?
    I explained that I wasn't living at the address and found the added charges were unfair as I hadn't got the letters or had any time to respond or sort this out any sooner.
    Riiight, was that your ENTIRE defence? what words exactly, please, you must have kept a copy of such an important document. Show us.
    I then had a letter back 'Defence to Counterclaim' signed by 'Ashley Cohen' saying I still needed to pay.
    As they would, because the counterclaim appears to have no substance, what did it say? What were you claiming for?
    Following that I got a 'NOTICE OF ALLOCATION TO THE SMALL CLAIMS TRACK (HEARING)' It doesn't say a date on there when the hearing is, but it says by 4pm on 28th November the parties are to send to the count and send to each other a bundle containing the documents on which they intend to rely at the trial including 1) all correspondence, copies of emails, contracts, invoices, receipts etc. 2) Photographs 3) Witness statements.
    OK, so that's normal, and that's what you must do, no phoning them! This will be YOUR WS and YOUR evidence.

    Read the NEWBIES thread post #2 for this stage.

    And send CEL a SAR online, using the email addy they give here for their Data Protection team:

    https://www.ce-service.co.uk/privacypolicy
    If you would like to update your records or see a copy of the information that we hold about you, you can contact us at Data Protection Officer, Civil Enforcement Ltd, Horton House, Exchange Flags, Liverpool, L2 3PF or by email at dataprotectionofficer@ce-service.co.uk. If you request a copy of your information you will not need to pay any fee.

    A SAR is a Subject Access Request, so get that in TODAY! No hanging about, you have the email addy, I've found it for you.

    Then read the 2nd post of the NEWBIES thread as you have a week to try to rescue your case with a decent WS and evidence. My signature tells you where to click (2 clicks away using the breadcrumb trail link, top of ANY page) to read the NEWBIES thread.

    I really wish you had come here earlier, these are easy to beat, normally. But NO-ONE is going to tell you to go down without a fight!
    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
  • In the defence I explained that I wasn't living at the address they had sent the letters to. I don't understand any of this, it gave me 2 options - to pay the money or to do a counter claim. Which is what i selected, and then explained the above. I only mentioned the fact I had moved address and not had any of the letters sent to me. Maybe I've just left it too late, and the fact Im very much clueless about all of this hasn't helped as I haven't known the right or wrong things to say. Im not sure what Im supposed to be submitting to the courts before that date. I will try and get a picture of the letter and upload it.
  • Coupon-mad
    Coupon-mad Posts: 161,478 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    No.

    Please read what we have said, and do it. We are not talking about anything difficult.

    Have you done the SAR yet? I gave you the email and pretty much spoon-fed you what to do:
    And send CEL a SAR online, using the email addy they give here for their Data Protection team:

    https://www.ce-service.co.uk/privacypolicy

    Quote:
    If you would like to update your records or see a copy of the information that we hold about you, you can contact us at Data Protection Officer, Civil Enforcement Ltd, Horton House, Exchange Flags, Liverpool, L2 3PF or by email at dataprotectionofficer@ce-service.co.uk. If you request a copy of your information you will not need to pay any fee.
    A SAR is a Subject Access Request, so get that in TODAY! No hanging about, you have the email addy, I've found it for you.

    Then read the 2nd post of the NEWBIES thread as you have a week to try to rescue your case with a decent WS and evidence. My signature tells you where to click (2 clicks away using the breadcrumb trail link, top of ANY page) to read the NEWBIES thread.
    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
  • ok, i will do that now. thanks
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