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Civil Enforcement county court letter

Hi there,

yesterday i received a letter from county court, Northampton in respect of a fine from Civil Enforcement.
The issue that I have experienced was: paid the £1 for parking of one hour or under. This was a newly installed machine in a car park i use regularly. I input my registration number and the coin slot opened and i input the one pound coin.

Subsequently received a fine (2017 when incident occurred) saying i hadn't paid. I've since used the car park and you do need to press a 'green button' too to after inputting the money which i obviously didnt do first time. I appealed to POPLA with no joy and the owner of the small carpark who was very understanding but couldnt stop the fine process going through. I asked Civil Enforcement to send through a copy of transactions that day as it would show my registration number and payment but they didn't send the correct day's transactions and then ceased all communications. Unfortunately, i hadnt read your forum before i started this process and added i was the driver initially.

The court letter received today now totals £283.57 (including court fee £25 & legal rep cost £50).

My question is, do i have a case to fight back or do i simply pay, it's getting a bit stressful now.
Thank you.
«134567

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    The CCBC is not a court , it's a government office and the claimant issued an MCOL which is the pack you received in the post

    Neither was it a fine , you received an invoice

    Everybody should fight , there is always a case for the defence , always

    Do not pay , they have inflated their claim with spurious charges that are not allowed , a typical claim is less than £200

    Do the AOS online after reading the newbies faq sticky thread near the top of the forum , reading post #2 in there

    Then post the issue date from the claim form below

    Email a SAR to the DPO at CEL to get all the documents and pictures and data and data from the pdt machine , using the GDPR , attaching a copy of the claim form as proof of ID under the GDPR

    Then start drafting your defence and post it below
  • CH5698
    CH5698 Posts: 32 Forumite
    Thank you Redx, will do that right now!
  • CH5698
    CH5698 Posts: 32 Forumite
    I've completed the AOS online form and the issue date is 30th August 2019.

    Just to confirm the SAR letter is the template below - thank you!

    Dear Sir or Madam

    Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) )

    Please supply the data about me that I am entitled to under data protection law relating to myself
    ETC ETC
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Seems correct to me , you are entitled to your own data, which you are asking for
  • CH5698
    CH5698 Posts: 32 Forumite
    Great, appreciate this. I'll get it emailed to CE and start work on my defence which i'll post here.
  • Le_Kirk
    Le_Kirk Posts: 25,031 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    CH5698 wrote: »
    Great, appreciate this. I'll get it emailed to CE and start work on my defence which i'll post here.
    Don't forget to attach a scan of your V5C or the court claim to prove you have rights to the info.
  • CH5698
    CH5698 Posts: 32 Forumite
    Yes, will ensure it is attached. I am having trouble finding Civil Enforcement's email address. I guess it's okay to send in the post instead? Thank you
  • Le_Kirk
    Le_Kirk Posts: 25,031 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    CH5698 wrote: »
    Yes, will ensure it is attached. I am having trouble finding Civil Enforcement's email address. I guess it's okay to send in the post instead? Thank you
    You can try the following: -
    [EMAIL="dataprotectionofficer@ce-service.co.uk"]dataprotectionofficer@ce-service.co.uk[/EMAIL].
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    CH5698 wrote: »
    I've completed the AOS online form and the issue date is 30th August 2019.
    With a Claim Issue Date of 30th August, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Wednesday 2nd October 2019 to file your Defence.

    That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


    When you are happy with the content, your Defence could 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 [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL] to find out exactly what to do with it.
  • CH5698
    CH5698 Posts: 32 Forumite
    That is so helpful Keith and i intend to get started on the defence this week and post it here but at least it is a bit of breathing space.

    Le-Kirk, i'll try that email address you've just posted up, fingers crossed, thank you.
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