Civil enforcement claim form

Scooby82

Hi all I today received a claim form from civil enforcement limited in reference to a parking fine issued in September last year, I’ve tried looking for similar situations but most people are disputing the rate, signage etc but I will apologise in advance if there is a similar case somewhere on the forums.

We went to a frankie and bennies for my sons birthday(have pictures and videos to prove it)
When we walked in the staff asked if we were driving and as we were told us to enter our reg on the big pad on the desk which we did, but it obviously didn’t register because I got a fine through the post, we contacted the manager who said he would contact them to try and cancel it but obviously failed,
I never did the popla appeal and naively didn’t think I’d get taken to court but wondered if anyone has any advice no matter how small to help. I’m prepared to go to court but don’t want to get laughed out of it 😭

Redx

You now need to read post #2 of the newbies sticky thread near the top of the forum, the do the AOS online, email a SAR to the DPO at cel and start drafting the defence

Post the issue date from the claim form below

Scooby82

Thanks redx I have been reading through them but trying to get my head around it all to be honest I didn’t know if I was wasting my time and would end up paying the full fine anyway

Quentin

Read up in the newbies faq thread on how to go about defending a court claim


Post #2 in that thread covers court claims in depth right through to the hearing


Throughout here you are advised never to reveal who was driving


You need to edit your OP to remove details of who was driving

KeithP

As Redx suggested:

Redx wrote: »

Post the issue date from the claim form below

Did your Claim Form come from the County Court Business Centre in Northampton, or from somewhere else?

Redx

Scooby82 wrote: »

Thanks redx I have been reading through them but trying to get my head around it all to be honest I didn’t know if I was wasting my time and would end up paying the full fine anyway

It seems that from your story you followed correct procedures and put the VRM into the terminal, it's up to them to prove their case, so personally I would fight it, but it's your choice to make

Hopefully a judge will see through their scam

Try and get the restaurant to give you a written ws backing up the story you posted above

You forgot to mention the issue date

Scooby82

Yeah from the county court business centre

Scooby82

Hi redx I emailed them at the start saying I was the driver( before knowing about this site) I wasn’t disputing that but they more or less replied well tough luck we have no record of your visit when I told them I had
entered my registration number,
The management has changed hands and is on the verge of being sold and regret not doing more ground work from the start and if I knew all the help available on here I would have.
The issue date is 21st june

Redx

It's still your word against theirs

I am sure that a judge would be sympathetic if you swore on oath to your story

Scooby82

Thanks redx that’s very reassuring and exactly my thought process, I’ve been to the restaurant numerous times before and after, just recently celebrating my other sons birthday there so know the process with the machine I have no reason to lie
Many thanks for taking time out for your replys will get on the thread and sort a defence out from the templates

KeithP

Scooby82 wrote: »

The issue date is 21st june

With a Claim Issue Date of 21st June, you have until Wednesday 10th July 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 file linked 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 Wednesday 24th July 2019 to file your Defence.

That's over four weeks away. Loads of time to produce a perfect Defence, but please don't leave it to the 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 an early copy of the Claimant's Directions Questionnaire, they are just trying to keep 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.