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Civil enforcement LTD claim form issued- really confused!! - Page 2

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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
2

Replies

  • Le_KirkLe_Kirk Forumite
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    Things I wish I hadn't said in my OP: -
    Being a law student.........
    Having given you a hard time OP, be aware that the regulars will still support you by critiquing your (Dad's) defence and witness statement (when the time comes) and pointing you in the right direction - although you will be sent back to NEWBIE post # 2 on a regular basis as that is your bible.
  • edited 16 May 2019 at 3:54PM
    RedxRedx Forumite
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    edited 16 May 2019 at 3:54PM
    as a law student the OP will need to develop thicker skin for when they get involved in trials or court cases, especially when dealing with judges etc

    they will also need to learn to research the facts and not be using words like "MY , ME , MYSELF & I" which were the first hints that the story was false

    the OP has not received ANY letters in his or her name IMHO , nor in anybody elses name EXCEPT the fathers name, just the father, nobody else

    the father has, the father is in the frame and the father could well be going to court

    if the father fails to pay the judgment within say one month following a loss , it is the father that will have the CCJ, not the offspring (the child will not receive any legal punishments etc as their name is not on any paperwork)

    this OP needs to wake up , smell the coffeee and then once they learn who is who in this saga they can get the father to do the AOS and the SAR email and then the OP can write the defence on behalf of their father and post it for critique

    critique is something they will get used to in their law career , so best start now
    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
  • RvnxchnRvnxchn Forumite
    10 posts
    I really don’t understand why you have all decided to critique my post as though it was written to appease you. This is not a demonstration of my knowledge, nor is this a reflection of how I would react in a court of law. Considering the fact that I am very much likely to be 20 years younger and intact less experienced than those who are commenting. Not only that but me proclaiming I am a law student does not give anyone the right to criticise me on the way I have written an informal internet post. I only reached out for help and next time I will find better luck elsewhere. I am inexperienced in this field and hence why I needed the support. I am really disappointed that this was the response. I have thick skin but this was unnecessary. Thanks anyway.
  • edited 16 May 2019 at 4:46PM
    RedxRedx Forumite
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    edited 16 May 2019 at 4:46PM
    its not the inexperience we have objected to, its the lies and as a law student you should have known better because YOU have not received any of the paperwork, despite saying that you have received it

    I have rewritten post #1 for you to remove the lies and the falsehoods and the irrelevant , so this is more like what should have been said in post #1 (because you clearly havent a clue)

    Rvnxchn wrote: »
    Hello everyone,

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

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

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

    Anyway they keep harassing THE REGISTERED KEEPER with countless letters, THEY have simply ignored everyone knowing THE DRIVER HAD not mislead the company or done anything dishonestly and from THEIR perspective did whatever was in THEIR control to pay.

    However, after ignoring all letters THE REGISTERED KEEPER HAS now been issued a county court claim form, from Northampton and absolutely baffled that they are charging THEM £300 for a session which THE DRIVER was only intended to pay £3.

    Being a law student MYSELF, THE DEFENDANT really cannot afford to have a CCJ against THEM

    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 TO HELP THE DEFENDANT.

    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 KEEPER on the vehicle and I feel terrible these letters are being issued in his name AND I WISH TO HELP HIM THROUGH THIS MATTER TO THE END

    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

    see the key differences ? as in who was the driver , who was the registered keeper , who was receiving all the harassment and letters and who is the actual defendant

    if you fail to understand these basics then you also will fail to help the defendant in this matter , yet you have made this all about you , which is selfish when you consider that you have left your father in the frame for this and you have nothing to fear about this saga except the wrath of your father (and yes I am a father and yes we do pay for the sins of the children , even if they are being [email protected])

    lose the attitude and learn from this saga because so far you have not done anything correctly, possibly dropping your father in it due to your ignorance of this topic, instead of seeking advice much sooner, where it was easier to advise you and your father

    you will get help here if you furnish us with facts and not fiction

    you were asked for the ISSUE DATE, you never mentioned it, you just wallowed in self pity

    so I ask again , what is the ISSUE DATE on the N1 form issued to your father ? (and please confirm that your father is the defendant in this matter, not you)
    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 4:47PM
    Coupon-madCoupon-mad Forumite
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    edited 16 May 2019 at 4:47PM
    Please do come back, as this is important:
    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.
    I really meant it - you can probably find issues regarding full compliance re 'keeper liability' law - the POFA - but your Dad must defend the case because he didn't transfer liability before court action commenced. It is too late to do that now but he has a defence.

    I think we were amazed you didn't realise a Defendant has to defend, and ONLY that person, not another family member not named on the claim form, that's all.

    Don't go too far away from this forum, as we see 99% wins on this forum and there is nowhere else to touch that record, and no other knowledge like we have here, between us, specialising in private parking law.

    This will be good practice for you (genuinely, it is an interesting twist on contract law that a keeper can be liable, but only if the PPC gets the POFA right).
    I will find better luck elsewhere.
    We will support you, I promise.

    Whatever you do, DO NOT EVEN THINK about paying an appeals company....TrustPilot is always worth checking first...frying pan and fire, spring to mind.
    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
  • RvnxchnRvnxchn Forumite
    10 posts
    In no way would I allow my father to take any accountability for this. The fact you think I have made this all about me is ridiculous, the reason I have reached out is because my father is the registered keeper and I do not want him to be affected by this under ANY circumstance.

    I have absolutely no attitude I am just responded to the sheer about of bullying on this forum when all I needed was support and advice. Instead, I was shred apart for genuine errors in my post (which I mentioned earlier I am clearly inexperienced in this field). When I started the post, I did not claim that I knew what I was talking about and like I said at the very core of my law degree, so most of this is waffle to me until I begin to obtain deeper experience and knowledge in different modules.

    As a father yourself, I am very certain you would dislike anyone talking to your child like this over the internet.

    The issue date is the 14th May 2019, that was genuinely bi-passed, I did not purposely ignore. There is one thing having thick skin and another dealing with unnecessary bullying.

    I tried my best to reach out and cannot believe the response. I have seen other blog posts where OP has been helped out genuinely, however because I disclosed I am a law student everyone has decided to criticise me instead.

    The letters have been received in my fathers name, however I have been on the receiving end because he opens and I keep them, we have discussed this as an issue but as he has had a similar experience in the past where he ignored until they stopped, he supported me in doing the same. That has been clarified. Also my father being the defendant has been confirmed.
  • RvnxchnRvnxchn Forumite
    10 posts
    P.s - I understand from your point of view due to the way my post was written, however I was aware of this. I would have been filing AOS and further matters under my fathers name.
  • edited 16 May 2019 at 5:27PM
    RedxRedx Forumite
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    edited 16 May 2019 at 5:27PM
    sorry but you dont get a free pass because you should have had some idea on what to say and where you have posted falsehoods above

    yes we know the background because I deduced that after reading your first post and I said so in my initial reply , I have since amended post #1 to include correct facts and stop the driver being identified

    because your fathers name is on the court document , he is now legally liable and you cannot assume that responsibility any more (but you can help him)

    he is in the dock for this and you cannot assume the responsibility

    had you come here last july or even before the N1 form was issued you would have received excellent advice that could have helped him or removed him from any future court claim , but now that this N1 form has been issued to him you can no longer get him out of this mess other than by paying in full or helping him to win

    if he loses HE will have to pay circa £200 or more within one month of the CCJ issued by the judge on the trial day or he will have a CCJ in his name (not your name)

    there were a few avenues open if you had come here earlier, but now its either pay up , IN FULL, asap , or your father must defend the court claim against him, which he may still lose, in which case he needs to pay the judgment promptly, in fulll

    my question to you is what part are you playing in this saga ? lay rep ? mckenzie friend ? are you accompanying him on the court day and assisting him by representing him ? (in which case both of you must go)

    its too late to name the driver, too late for popla , too late for most remedies

    the criticism is to make you open your eyes and see what a mess this is due to doing nothing until now, plus you seem to think you can just take over for him, whereas you can only do the donkey work, he must deal with this , even if you direct him

    if he loses in court , HE must pay the judgment within one month of the judgment or else HE will have a CCJ (you stated you cannot have a CCJ in your name, this wont happen to you because the defendant is not you , so your career is unaffected either way)

    until you learn the basics you wont be of use to him and we cannot talk to him to help him, hence we are going through you but you are blinkered and cannot see the wood for the trees (yet)

    I hope you realise that the inaction has caused this to get to a court case, plus you cannot take this on yourself, but you can and should assist

    being a law student means you had 9 months to research this and help him, yet nothing has been done so far, hence my wrath as a father who has managed to get 2 of my 3 sons out of similar jams by early intervention to stop their tickets getting to this point (except I wasnt in the frame at all, they were)

    an MCOL isnt just about parking tickets, most are about rent and landlords etc (and some are about shoddy workmanship, faulty goods and poor service)
    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
  • The_DeepThe_Deep Forumite
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    In no way would I allow my father to take any accountability for this.


    You have no choice, it is your father who is being sued. It is your father who failed to name the driver, he must attend court, the only alternative is to pay the scammer.
    You never know how far you can go until you go too far.
  • RvnxchnRvnxchn Forumite
    10 posts
    That’s fine.

    I can defend the claim and believe I will win as my defence is solid. Inaccurate signing around the car park, no ticket on the wind screen, I believed I took honest actions to pay the price of the session.

    Either way, I wouldn’t want to risk it and will pay the full amount because I do not want to pass the burden on to my father.

    Thanks for the help.
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