CEL taking my wife to court

simonsmart111

Hello,

I'm sure this has been brought up many times before, but I have a few additional questions that I can't find clear answers to.

Back in July, my wife's car was caught on an ANPR camera parking on what was allegedly private land. We cannot clearly recall who was driving, it could have been me, her or any other driver!
Since then we received a number of letters from a few different companies, but, incorrectly, ignored them/fed them to the dog...

One of the companies sending the threatening letters is Civil Enforcement Ltd, and they now seem to be taking the matter further by filing an official claim with the County Court Business Centre in Northampton (NN1 2LH).
My wife is very upset about this, and wants to just pay to make it go away...I feel very differently and don't wish to bow to the extortionist parking companies.

Can I attend court in the place of my wife, who has been named on the claim form? (I'm self employed, she has very strict working hours and limited time off)? Or can we advise the court/CEL that it was not my wife driving/that the driver is unknown to revoke this case (although perhaps starting a new one?)

Any advice/a step-by-step guide on how to deal with this claim would be greatly appreciated!

Thanks in advance for any replies

Coupon-mad

Can I attend court in the place of my wife

No.

You can attend with her and speak instead of her as her 'lay rep' if you are the more persuasive and confident speaker, but you have no right of audience without her also sitting with you.

SHE MUST ATTEND, unless she wants the case heard 'on the papers' in her complete absence by the Judge just looking at the paperwork (not recommended unless your local court is a good one like Manchester...).

Any advice/a step-by-step guide on how to deal with this claim would be greatly appreciated!

Good - it's already in the NEWBIES thread post #2.

KeithP

What is the Issue Date on your wife's Claim Form?

D_P_Dance

get your MP on side. It ia a scam which Parliament is shortly to severely regulate.

Complain to your MP. On 18th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

simonsmart111

Hi KeithP,

The issue date was 21/3/19.

I've acknowledged the claim on MCOL, and am in the process of writing up a defense.

If it's OK, I'll post my defense to this thread for scrutinisation later this evening...

Redx

please do so, but note that there is no S in DEFENCE , not in england and wales anyway (lol)

simonsmart111

Here's my 1st draft defenCe :

I dispute this claim for the following reasons:
1) I cannot remember who was driving the vehicle - there were multiple people insured to drive the vehicle, and I cannot remember who was the driver at the time stated on this claim.
2) Upon investigating the site, I can confirm that the car park does not clearly display signage indicating that the site is operated by a private parking company.
3) From what I recall, the reason that the car was parked in this location was due to an engine warning light coming on, and a message advising the driver to stop driving the vehicle immediately and to check oil/water levels. I have invoices from a garage proving that the vehicle was defective which were issued very shortly after the date displayed on this form.
4) I disagree with the charge completely - the vehicle was 'parked' for 19 minutes, and I believe that the original charge was not a true reflection of any loss of earnings to the land owner or Civil Enforcement LTD.

That's all I've got for now - completely out of my depth, with no idea how long this defence should be

Coupon-mad

completely out of my depth, with no idea how long this defence should be

But you are meant to look at the examples in the NEWBIES thread and use one. That's why that resource exists, so you don't have to wonder what to write.

onlyfoolsandparking

Have you looked at the many defences that are here within these threads?


No parking scammer is interested in mitigation whether genuine or not, they can only be beaten in Court with Legal argument, sounds daunting but it isn't.


The regulars here will help you hone a defence to perfection and they win 99% of the time so let that 99% win rate inspire confidence in you. Your only temporarily out of your depth.
If you go to the NEWBIES section and read, read and read again till you absorb it, that will give you a great starting point, then find BARGEPOLES concise defence and tailor it to your situation.

KeithP

simonsmart111 wrote: »

The issue date was 21/3/19.

I've acknowledged the claim on MCOL.

With a Claim Issue Date of 21st March, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Tuesday 23rd April 2019 to file your Defence.

That's nearly three weeks away. Loads of time to produce a perfect Defence but best not 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 "defence received". 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.

Redx

simonsmart111 wrote: »

Here's my 1st draft defenCe :

I dispute this claim for the following reasons:
1) I cannot remember who was driving the vehicle - there were multiple people insured to drive the vehicle, and I cannot remember who was the driver at the time stated on this claim.
2) Upon investigating the site, I can confirm that the car park does not clearly display signage indicating that the site is operated by a private parking company.
3) From what I recall, the reason that the car was parked in this location was due to an engine warning light coming on, and a message advising the driver to stop driving the vehicle immediately and to check oil/water levels. I have invoices from a garage proving that the vehicle was defective which were issued very shortly after the date displayed on this form.
4) I disagree with the charge completely - the vehicle was 'parked' for 19 minutes, and I believe that the original charge was not a true reflection of any loss of earnings to the land owner or Civil Enforcement LTD.

That's all I've got for now - completely out of my depth, with no idea how long this defence should be

that is a WS and wont be needed for a few months, you want a defence , with all the legal jargon, if unsure , start with the concise defence by BARGEPOLE , then adapt it , then post it below