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Civil enforcement LTD claim form issued- really confused!!

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Civil enforcement LTD claim form issued- really confused!!

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
28 replies 596 views
RvnxchnRvnxchn Forumite
10 posts
edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
Hello everyone,

I have read countless threads and I am really struggling on what information is correct/what procedure to follow.

Last year July I parked in a private land car park outside KFC. I registered by phone and gave my full details of the car and time I was staying over the phone and from there on truly believed I had made payment and was authorised to park.

Until I received a fine sent to my house. I was really confused. I then realised I received a text on that day after I signed up over phone to pay for the parking that they wanted additional confirmation of my number plate to authorise parking. I didn’t read this believing it was just a confirmation of payment text.

Anyway they keep harassing me and my family with countless letters, I have simply ignored everyone knowing I have not mislead the company or done anything dishonestly and from my perspective did whatever was in my control to pay.

However, after ignoring all letters I have now been issued a country court claim form, from Northampton and absolutely baffled that they are charging me £300 for a session which I was only intended to pay £3.

Being a law student, I really cannot afford to have a CCJ against me as this can affect my career. Although I know they are scammers and they are doing this to many other people, I really need the right advice on what to do next.
Is this claim form legit? It is not officially signed and nor has a legit stamp of the country court and the coat of arms is a copy and paste job.

Could you help me with this, I have read the newbies thread but so confused as to what to follow and what to issue. Please please help, my dad is the registered driver on the vehicle and I feel terrible these letters are being issued in his name

I would be so grateful for the help, my family are distressed and although I am not because I know they are scammers. I need some advice.

Thanks

R.C
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Replies

  • Le_KirkLe_Kirk Forumite
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    If it came from Northampton County Court Business Centre it is legit. As a law student you should know that you only get a CCJ if you appear in court, are found against and fail to pay in the specified time.


    For now, go to the NEWBIE thread post # 2 and see what you have to do next (AoS to buy yourself maximum time and then, having read the example defences, construct a defence.) If you post the issue date of the claim form, KeithP will be along to inform you of the timescales you have for submitting the AoS and your defence.
  • RvnxchnRvnxchn Forumite
    10 posts
    Thanks for replying.

    Yeah I know that, just do not wish to strike out the possibility of this occurring so hoping to take efficient steps before hand.

    I am going to file AOS, as it is Civil Enforcement does the same procedure apply with using moneyclaim website?

    Thanks again
  • UmkomaasUmkomaas Forumite
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    Rvnxchn wrote: »
    Thanks for replying.

    Yeah I know that, just do not wish to strike out the possibility of this occurring so hoping to take efficient steps before hand.

    I am going to file AOS, as it is Civil Enforcement does the same procedure apply with using moneyclaim website?

    Thanks again

    How you deal with this, as you are now in the court process, is covered, step by step (with some pictures), in the NEWBIES FAQ sticky, post #2.

    Use that as your Bible from here on (perhaps supplemented by your course books/notes).

    Why not use this upcoming experience as a college project and in the process educate your fellow students (even your Law tutors) how these scam tickets can be avoided or otherwise, if necessary, beaten.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • bargepolebargepole Forumite
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    Rvnxchn wrote: »
    Being a law student, I really cannot afford to have a CCJ against me as this can affect my career. Although I know they are scammers and they are doing this to many other people, I really need the right advice on what to do next.
    Is this claim form legit? It is not officially signed and nor has a legit stamp of the country court and the coat of arms is a copy and paste job.

    You claim to be a law student, but must have missed or slept through most of the lectures. These are the sort of naïve questions that someone with no legal knowledge whatsoever would ask.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 40, lost 11), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and am a Graduate member of CILEx, studying towards a Fellowship (equivalent to solicitor) in Civil Litigation. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • RvnxchnRvnxchn Forumite
    10 posts
    Thank-you for responding!

    I definitely agree, I think if I can join forces it is one area of law we can shed more awareness around. Especially harder for those who give in and pay the fine because of threatening and abusive letters that constantly come through the door.

    Hope it is something I can beat.
  • RvnxchnRvnxchn Forumite
    10 posts
    There is really no need to be this rude when I am merely reaching out for help. This is not our area of expertise unfortunately and I have certainly not reached that far into my degree where I know absolutely everything. Be kind.
  • Coupon-madCoupon-mad Forumite
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    bargepole qualified in law in recent years, at a time in life when most people are thinking of retirement, so he calls a spade a spade (you will get used to it and he is a legend on this forum). He knows his stuff.

    You will likely win this. As well as the NEWBIES thread, read other CEL defence threads by searching for these keywords (I include the word 'true' to find actual defence drafts):

    Civil Enforcement defence true



    HOW TO USE THE FORUM SEARCH FUNCTION:

    Hit your 'Back' button to get back to the forum thread list.

    On the bar just above the threads you'll see the 'Search' function (not at the top of the page, you are not searching the whole of MSE).

    Click on the 'Advanced Search' button and on the following page place your keyword(s) in the 'Search By Keyword(s)' and make sure the 'Show Results As' button (at the foot of the window) is changed from 'Threads' to 'Posts'.

    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • edited 16 May 2019 at 3:16PM
    RedxRedx Forumite
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    edited 16 May 2019 at 3:16PM
    judging by your initial post , its full of fiction , so I have gleaned these facts from your "story"

    your DAD is not the Registered Driver (no such thing), your DAD is the Registered Keeper (RK), as HIS name is listed on the V5C

    YOU did not receive the pcn (the fine as you call it) - your DAD did

    YOU have not received the subsequent letters, your DAD received them

    this court claim is legit, BUT its not in your name , its in your DAD`s name , so legally its got nothing to do with you

    YOU can help him, but only HE should do the AOS and only HE can submit the defence etc

    it is your DAD that is being taken to court and HE must attend

    it is not YOU that may get the CCJ, it is your DAD, if the paperwork is in HIS name

    YOU can help HIM to deal with it, but you cannot just step in and take the reins, its not your name on the paperwork, its his , so stop and think about it

    surely as a law student you understand these basics ? I know I do and I have never studied law , you keep saying I , where there is no I , its my dad , my dad , or the RK etc (and now the DEFENDANT , which is your dad, not you)

    so if you are going to help, help him and get everything done in HIS name, providing it is HIS name on the paperwork

    email a SAR to the CEL DPO in your fathers name using his email address , with a copy of HIS V5C attached

    do the AOS in HIS NAME, online (not in your name)

    then start drafting the defence for your father to submit to the court by email

    what is the ISSUE DATE on the top right of the N1 ?


    (use this as a learning exercise in the law)
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • edited 16 May 2019 at 3:20PM
    Coupon-madCoupon-mad Forumite
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    edited 16 May 2019 at 3:20PM
    Well spotted, Redx. This can't be true:
    after ignoring all letters I have now been issued a country court claim form
    ...and I'm sure the OP realises, due to studying contract law modules, that this is his Dad's case to defend and the driver can't just reply now!

    You can't just assume liability when you are not the Defendant and nor can you get it changed (too late - you COULD have done, earlier). The OP can't respond in his name, not even to do the AOS, as he is not party to this claim.

    The driver could be a witness of course, and can accompany Dad to the hearing, and could be the person who explains to the Judge why Dad can't be held liable, if you can find holes in the CEL case, when compared to Schedule 4 of the Protection of Freedoms Act 2012.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • The_DeepThe_Deep Forumite
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    Being a law student, I really cannot afford to have a CCJ against me as this can affect my career

    Why should you get a CCJ, you only get one after losing in court and ignoring the judgement.

    Nine times out of ten these tickets are scams and will fail in court so complain to your MP.

    Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but 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.
    You never know how far you can go until you go too far.
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