Civil Enforement Court Claim

Vickster2729

Hi newbie here. Hoping that someone can help me with a County Court parking claim. I am really worried about this and haven't a clue how to deal with it. Thanks for any help.

The_Deep

Of course we can help, but first you should read the stickies/FAQs at the top op the page on which you have posted.

nosferatu1001

NEwbies thread, post 2.
Have you read it? Yes or No
Have you acknowledged the claim ONLINE ONLY, yes or no?
What is the ISSUE DATE?

Vickster2729

Court letter was Issued last week. Original was last year in a courtesy car. Fine was sent to garage who gave me the car first and then I got a final demand 2 months later. I have not had the right to appeal. I wrote to them explaining I had not appealed and was told an appeal had been made at the end of January. I only got the fine in March. Had letters from solicitors end of last year. On the day I had my work NHS parking permit displayed in the car with a note explaining was in different car for the day and my telephone number if there was a problem. I pay monthly for this permit. I need my car to go out on assessments and it’s a must to have a car to do my job. I am extremely worried as they are asking for just next £300. It’s causing me a great distress. Thanks

KeithP

Nosferatu1001 asked a number of pertinent questions.

You have answered none of them.

Vickster2729

In answer to your questions, yes I have read it. I have not yet acknowledged it online, Issue of Court Claim form is 12th Feb 19. Hope this is enough for you to help me.

The_Deep

You have little cause to worry. IMO, from what you have told us a judge is likely to find in your favour, they are not fools, and are well versed in this scam, as are MPs, so complain to yours.

The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

All five readings are available to watch on the internet, (some 7-8 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

KeithP

Vickster2729 wrote: »

I have not yet acknowledged it online, Issue of Court Claim form is 12th Feb 19.

With a Claim Issue Date of 12th February, you have until Monday 4th March to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 18th March 2019 to file your Defence.

That's nearly a month away. Loads of time 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 suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. 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'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

ShakeItOff

Using the Legal Beagles template in the NEWBIES thread, send a Subject Access Request to CEL and any debt collection companies you may have had letters from. This may arrive in enough time to help you with your defence (they have 30 days to complete the request, so they may not send it in time).

Vickster2729

How will a SAR help?? I may sound ignorant but I have never had to deal with anything like this. I also have evidence that CEL do not actually have a contract with the NHS Trust where I park, and also that the signage fail to meet BPA code of practice requirements. If I was to put this into my defence would it help??

ShakeItOff

A SAR will force them to disclose everything they have which identifies you as the data subject. Basically, it will show you what they have, and it may be that some of the information in this will help you.

This may mean that you can bring more in to your defence than simply responding to their claim (e.g. they aren't going to say that their signage was rubbish, but in a photo of your vehicle, it may be that it shows a sign to be unclear or ambiguous, or even non-existent, which you can then use in your defence - this is just an example though).