Civil Enforcement Ltd - Restaurant PCN

KeithP

Deal with the LBA you already know about.

Coupon-mad

And repeat the info about the new address, when responding to the LBA and telling them they have no case. You could ask them if they are relying upon the POFA, to clarify that position and delay things.

RF10

Hello, I have submitted a SAR to Data Protection Officer at CEL. They never bothered acknowledging my change of address via email. (this is also in the SAR which I used the template in Newbies Thread, thank you
I am responding to the LBA via letter. I have been reading through various other CEL threads and this one appears to very similar case with a very good response to LBA which led to being cancelled. As this is 2017 is the same response valid to use excluding the 14 days section as the have provided with 30 days.

forums.moneysavingexpert.com/showthread.php?t=5733352&highlight=lba+cel&page=2#topofpage

I also wish to include that my partner suffers from severe anxiety, to which medical records are able to back this up, and their harassment is causing further distress which will result in a claim being made against them should they continue to pursue.

I understand I have been through POPLA appeal stage however really want to use this opportunity to get cancelled, especially for reasons stated above.

Coupon-mad

Well you could try something like it but reading 2017 threads is very dodgy as some of this is pointless waffle and old stuff (e.g. they have not included a mock up of a claim form) and will NOT do the trick, IMHO:

Awakeat4am wrote: »

Civil Enforcement Limited,
Horton House,
Exchange Flags,
Liverpool,
L2 3PF

31st October 2017

PCN Reference

Re: Letter Before Action dated 17/10/17

Dear Sir /Madam,

I am writing to acknowledge your 'Letter Before Action' dated 17/10/17.

May I bring to your attention that as of the 1st October 2017 you are legally required to allow all defendants 30 days to reply, as opposed to the 14 day offer to submit payment that you offered in your letter.

Also, you did not issue my ticket in accordance with Schedule 4 of the POFA 2012. As you must be aware this states that you are only allowed to write to the Registered Keeper of a vehicle to ask who was driving, NOT to pursue them as if the alleged debt was their legal liability.

You have failed to provide any photographic evidence showing the driver, nor of the contract (presumably the parking sign).

Neither have you set out clearly why exactly you are trying to hold me personally liable.

Furthermore, you have drawn up a draft claim, in my name, just because I am the Registered Keeper of the Vehicle, and you have failed to state that this is in fact a matter for the driver of the vehicle.

I refuse to furnish a company such as yourselves with the identity of the driver. I can confirm that the driver was legally entitled to drive the car.

As the Registered Keeper of the vehicle, I reserve the right to not name the driver, but still to not be held liable if an operator is not complying with, or using Schedule 4 of the POFA 2012.

If you continue with this claim, I will apply for it to be struck out, in accordance with CPR Part 3.4:

(a) that Civil Enforcement's statement of case will disclose no reasonable grounds for bringing the claim;
(b) that the statement of case will be an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; and
(c) that there has been a failure to comply with a rule, practice direction or court order.

Breaches of the Pre-action Practice Direction (“the PD”):

Paras 3, 8 and 12 of the PD set out its purpose, which is to primarily to avoid litigation (para 8) by laying down a procedure which allows the parties to:
- understand each other’s positions (para 3)
- make decisions about how to proceed (para 3)
- explore settlement/consider ADR (para 3)
- support the “efficient management” of any proceedings and reduce costs (para 3)
- “stocktake” and review their respective positions after following the PD by exchanging information, to see if proceedings can be avoided and to “at least” narrow the issues (para 12).

Paras 6(a) & (c) oblige a Claimant to enter into a meaningful dialogue with a Defendant at an early stage by imposing specific obligations to:
- explain the claim in a Letter before Claim, and
- provide relevant core documents.

The only 'core document' you have enclosed is a mock-up of a claim form in the name of myself, the registered keeper. This will be drawn to the attention of the presiding Judge at the County Court Business Centre and then at my local Court, should a spurious claim of yours manage to get that far.

Since you do not have any legal recourse against me as the Registered Keeper of the vehicle, should you choose to continue with this claim, I will be forced to file a counter-claim of no less than £750 in compensation for the distress caused by your correspondence demanding monies arising from the misuse of data that you obtained from the DVLA for one specific purpose, but are now using for a completely different purpose, NOT covered by the KADOE regulations.

I am aware that when a counter-claim was heard in D6GM2199 Civil Enforcement Ltd v Mr B, at Bury County Court in May 2017, DJ Osborne found that the £500 sum claimed by the data subject defendant was not unreasonable. He accepted the argument regarding data misuse under the Data Protection Act 1998 (DPA); he accepted the tort of damages and stated that he was disappointed in the claimant bringing an unfounded case. Punitive costs of £405 were granted for unreasonable behaviour, and were paid by your company in addition to the £500 claim.

Further, I would like to draw your Legal Department's attention to a landmark 2017 judgment at the Leeds County Court, 3SP00071 - Blamires v LGO. This was a claim for damages including a matter of a breach of the DPA, for which an award of £2,500 was granted as compensation for distress. As is now relatively well known, the DPA’s original drafting appeared to preclude compensation for distress alone, but the Court of Appeal, in Vidal Hall & ors v Google [2015] EWCA Civ 311, it was held that this was contrary to the provisions of the Charter of Fundamental Rights of the European Union and that, accordingly, there was a right under the DPA to claim compensation for “pure” distress.

The award in Blamires was of “Vidal Hall” compensation, with the judge saying there was ''no doubt in my mind that the data breaches have caused distress to the claimant in their own rights as well as as a result of the consequences that flowed.'' The judge awarded a further £2,500 aggravated damages because of the manner in which the Defendant conducted its case, including the fact that, notwithstanding being told by the Claimant that its conduct/data was wrong, it took nearly two years for the Defendant to admit the mistake.

I fully expect you to now cancel this so-called 'Parking Charge', admit your mistake in the way in which you have used my data, and how you have tried to mislead me by your suggestion that the Registered Keeper is liable for a non POFA parking charge, and also that I could be held liable for escalated costs and legal fees.

As you must be aware, the general costs rule in Small Claims is that there is no cost order.
However, in relation to my own counter-claim please consider CPR Rule 27.14(2)(g):

''costs can be awarded where a party behaves unreasonably''.

I refer Civil Enforcement to paragraph 16 of the Practice Direction – Pre-Action Conduct:
''a party who has not complied with its pre-action obligations can be ordered to pay costs (even if the party has succeeded in its claim/defence) and there is also a power to remit/increase interest.''

I fully expect to hear from you within 14 days to confirm that the charge has been cancelled.
Should you fail to do this, or continue to pursue this matter, without supplying any evidence of breach of contract, or photographs or a copy of the contract, or your basis for pursuing a Registered Keeper, you may consider this adequate notice of my intention to sue Civil Enforcement Limited for the significant distress you have caused.

All letters will be used as evidence in Court.

I reserve the right to include your client in any claim made, as that party remains jointly and severally liable for the conduct of it's agents on their land.


Yours Faithfully,


Name
Address

P.S. Please note our change of address as of the 28th October 2017


Hoping for some advice and guidance with regards to this.

Thank you so much once again

My advice is do not copy a 2017 template. My advice was simply:

And repeat the info about the new address, when responding to the LBA and telling them they have no case. You could ask them if they are relying upon the POFA, to clarify that position and delay things.

RF10

I have written to following and will be looking to send to CEL. The LBC was dated the 12th with 30 day so have a few more days before sending just yet. Please let me know if I should change anything or add anything obvious.

Dear Civil Enforcment Limited,

Further to your Letter Before Action dated 12th September 2019, I have requested Subject Access Request from the Data protection officer for Civil Enforcement Limited therefore any claim must be put on hold. See enclosed copy of email sent.

Evidence has previously been provided to show you have no case against me and this ongoing harassment is not only causing distress to myself but also causing severe anxiety to my partners health and wellbeing, medical records will back this up. Should you continue to pursue this case a claim will be made against Civil Enforcement Limited.

As per your Letter Before Action are you relying on The Protection of Freedoms act 2012?

Further more as per The Protection Freedoms Act 2012, in schedule 4, Para 4 (5) states the maximum sum that be recovered for the stated on the Notice to Keeper, in this case £100.00. This claim for debt includes an additional £70.00 charge for which no calculation or explanation is given and appears to be an attempt at double recovery.

I have also informed the Data Protection Officer at CEL to rectify the address held for myself and to erase the old one held. My new address is also provided at the top of this letter.

Yours faithfully

Le_Kirk

RF10 wrote: »

Dear Civil Enforcement Limited,

Further to your Letter Before Action dated 12th September 2019, I have [STRIKE]requested [/STRIKE]submitted a Subject Access Request [STRIKE]from[/STRIKE] to the Data protection officer for Civil Enforcement Limited therefore, although I deny any debt exists, I am seeking debt advice and any claim must be put on hold. See enclosed copy of email sent.

Evidence has previously been provided to show you have no case against me and this on-going harassment is not only causing distress to myself but also causing severe anxiety to my partner's health and wellbeing, medical records will back this up. Should you continue to pursue this case a claim will be made against Civil Enforcement Limited.

As per your Letter Before Action are you relying on The Protection of Freedoms act 2012?

Furthermore, [STRIKE]as per [/STRIKE]The Protection of Freedoms Act (PoFA) 2012, [STRIKE]in[/STRIKE] schedule 4, Para 4 (5) states: -
[STRIKE]the maximum sum that be recovered for the stated on the Notice to Keeper,[/STRIKE]

The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified), in this case, £100.00.

This claim for debt includes an additional £70.00 charge for which no calculation or explanation is given and appears to be an attempt at double recovery.

I have also informed the Data Protection Officer at CEL to rectify the address for service held for myself and to erase the old one held. My new address is also provided at the top of this letter.

Yours faithfully

Just a few changes for you.

RF10

Thank you so much for that Le_Kirk. Really grateful, I'm not the best the wording.

RF10

CEL responded to advise they are starting legal proceeding following their LBA. Any idea on how much notice they require or usually serve to appear in Court. After reading how they have worked in the past they purposely time it to cause inconvenience, i'm hoping it does not fall in line for when I am away at the end of December.

Le_Kirk

You need to wait for the claim form from Northampton CCBC, complete the AoS and compile your defence.

If, when you receive the claim form, you post the issue date on here, KeithP will give you some advice and some deadlines. It is likely, if you submit the AoS and defence by mid-December that you will not be in court until late January early February. When you submit your defence, it is sent to the claimant by CCBC who have 28 days to reply and state they wish to continue. At that point they (CCBC) send you a DQ, in which they ask for your preferred court and if you have any dates that you cannot attend.

Of course, all this information is in the NEWBIE sticky post # 2.

RF10

Thank you very much.