Civil Enforcement Ltd Claim Form

amyg384

Hiya i received a Claim Form from Civil Enforcement Ltd/Northampton County Court Business Centre dated 21/06/19 and have just submitted my AoS tonight (23/06/19).

Particulars of Claim:
Claim for monies relating to a Parking Charge for parking in a private car park managed by the Claimant in breach of the terms + conditions (T+Cs). Drivers are allowed to park in accordance with T+Cs of use. ANPR cameras and/or manual patrols are used to monitor vehicles entering + exiting the site.
Debt + damages claimed the sum of £182
Time xx - xx - stayed 16 mins

Total due - 182.00 (+ 11.41 interest) = 193.41

Amount claimed - 193.41
Court fee - 25.00
Legal representatives costs - 50.00
Total amount - 268.41

Signed: Civil Enforcement Limited
(Claimants Legal Representative)

I wasn’t driving (having just had a c section). I can’t remember if there was a sign/what it said as I haven’t been back. I have been reading the newbie thread and other posts but there’s so much and I’m getting so confused/overwhelmed sorry! What should/can I include in my defence as I don’t have much to go on....... the fact it’s not signed? It hasn’t really said what’s been done? The amount they’re trying to claim? Grace period?

Please help thanks!

KeithP

Hello and welcome.

With a Claim Issue Date of 21st June, and having done the Acknowledgement of Service in a timely manner, 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.

You need to be reading post #2 of the NEWBIES thread to find out exactly how to compile a winning Defence.

amyg384

Thank you for a quick response! I’m trying to read through it all but getting in a bit of a pickle! Do I need to do a SAR? Also confused about this as i’ve seen drafts to the company (so Civil Enforcement Ltd?) but an email address on a thread to the DVLA?

KeithP

You would be wise to send a Subject Access Request to the Data Protection Officer at Civil Enforcement Limited.

It also makes sense to ask the DVLA who has requested keeper details of the subject vehicle between two certain dates - one just before the alleged parking incident and one more recently.

amyg384

Thank you. Can I literally just ask DVLA or do I need to write a fancy letter quoting things?

KeithP

From time to time Umkomaas posts this:

You should email the DVLA and ask which organisations (and for what reason) accessed the registered keeper's data from them between a range of dates which includes the date of the parking incident. You need to provide the registered keeper's full name and address, the address on the V5C logbook and the Vehicle Registration Mark of the vehicle involved in the parking incident.

SubjectAccess.Requests@dvla.gov.uk

This service is free of charge.

Even though you email your request, the DVLA will respond via Royal Mail.

amyg384

That’s great thanks will try and do these bits today!

beamerguy

Debt + damages claimed the sum of £182
Time xx - xx - stayed 16 mins

Total due - 182.00 (+ 11.41 interest) = 193.41

Amount claimed - 193.41
Court fee - 25.00
Legal representatives costs - 50.00
Total amount - 268.41

How do CEL arrive at £182 ???

The parking ticket would be £100.
CEL has added a fake £60 as all the scammers do, but what is the other £22 for ???

CEL are well known to the courts for cr*p and any add-on over the £100 can be seen as ABUSE OF PROCESS by the judge

Read what happened to BWLegal very recently
https://forums.moneysavingexpert.com/discussion/comment/75929156#Comment_75929156

The_Deep

As Beamer says, their sums are a fiction, completely unlawful, but as nine times out of ten these tickets are scams, you should 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 ies. were finally closed down, so hopefully will many of these Private Parking Compay.

amyg384

Thanks The Deep & beamerguy! It’s so stressful and so much to read through i’m just worried I won’t argue the right points etc.... No idea what the extras are for, that’s all the info they’ve given! Will definitely try to MP too as friends etc are now saying lots of people are having the same as me now in this spot.....

beamerguy

amyg384 wrote: »

Thanks The Deep & beamerguy! It’s so stressful and so much to read through i’m just worried I won’t argue the right points etc.... No idea what the extras are for, that’s all the info they’ve given! Will definitely try to MP too as friends etc are now saying lots of people are having the same as me now in this spot.....

Nothing to get stressed about, the secret of this forum is that the regulars on here are much smarter than the dodgy legals and PPC's

Simply follow the sound advice given, ask questions if you are not sure. CEL are just basic scammers who have been sacked from many places, let's beat these bad boys