Civil Enforcement LTD Court Papers

KeithP

As Redx asked ten days ago, what is the Issue Date on your Claim Form?

OTTNATH

Hi Keith, I did pop it in my last post but you might not have seen it. 25th February was when I received the claim forms, thanks.

KeithP

Yes I read your earlier post mentioning 25 February, but the question was - what was the Issue Date, not the date you received it, which will be something different.

Egbert_Nobacon

As the landlady is prepared to submit a witness statement I can’t understand why she has not got this cancelled.

You now have to provide your defence and witness statement and time off work for a court appearance - all time consuming.

Assuming you win at court it doesn’t necessarily follow that your limited costs would be awarded.

OTTNATH

Sorry Keith, the issue date is 25th of February. Egbert, basically to cut a long story short, when I mentioned it to her at first she was getting bombarded with people asking her to get theirs cancelled because it was a new system, it was catching everybody out. She signed a contract stating that she can cancel 3 per month or something along them lines, from what she’s told me. I was foolish and assumed they would stop hassling me about it; here I am getting taken to court! Truth me told I’d much rather inconvenience myself and probably cost myself more money than the initial fine, than pay them a single penny.

KeithP

OTTNATH wrote: »

the issue date is 25th of February.

With a Claim Issue Date of 25th February, you have until Monday 18th 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 1st April 2019 to file your Defence.

That's nearly three weeks 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.

Egbert_Nobacon

Thanks for the explanation.
Seems she has also been conned by the scammers.
The day the keypad breaks down they will issue tickets like confetti - then see how her trade is affected.

She maybe tied into a contract but wouldn’t it be a shame if the electrical supply to the camera was somehow interrupted !!

OTTNATH

@Egbert it seems that way. I spoke to her the other day and she said she would call them for me and try to get it cancelled. They told her that it’s too late now because it’s going to court and now she’s saying she can’t do anything else and she doesn’t seem willing to write me a letter anymore either, so I’m feeling pretty stuffed... She did say on the phone that a lot of people have been caught there over the last few weeks. I kind of wish I had just paid the initial fine now, I’m all for fighting for what’s right but no doubt I’m gonna have to miss a day off work (I’m self employed) - then there’s court fees and if I lose, which it’s now looking like I will without that letter, I’ll have to pay a big sum ontop of that. This all feels so wrong, they shouldn’t even have grounds to take me to court. I want to just ignore all of this and not turn up but I don’t want a CCJ. Funnily enough I’m in control of the CCTV there, if the power supply for the ANPR was to go down, they certainly wouldn’t know who the culprit was because for some reason the car park camera wasn’t recording then? Hmmm strange!

Egbert_Nobacon

This sounds disgraceful.
She has invited you onto the site then not warned you of the implications.
Some might call this entrapment.

She now lies to you stating this can’t be cancelled.
I would be trying to have her explaining her actions to a judge.
Perhaps a more knowledgable poster can advise on the best way to proceed.
This pub needs naming and shaming.

Coupon-mad

Get her to email you something at least, stating how you were there to price up a job at the pub on xx day/date. And how the new system has caught out far more people than she expected and that she doesn't support genuine pub-goers and visitors pricing up jobs for the business being penalised, but has her hands tied as the parking firm are calling the shots and only letting her cancel 3 per month.

Encourage her to state how many complaints she has had.

Phone calls DO NOT help you. Build some evidence to damn CEL.

If she refuses, go to your local paper and pressure them to publish an article about it where they seek her comments! That article can then be used in your later evidence, and no doubt more complainants will add comments (look on TripAdvisor, is this already coming back to bite her, are there averse comments and reviews you can also use later in evidence?).

They have a tablet in there whereby you’re supposed to put your numberplate into the system, which then issues you with a permit.

Did you notice that in the NEWBIES thread 2nd post, among the example defences there is one about another firm, ParkingEye, and a similar hidden keypad at the Odeon?

You can use and adapt that defence which is just like your case. Easy for you.