Civil Enforcement LTD - AOS/Defense Stage

Coupon-mad

I think it's correct, a legal term first posted by Johnersh.

Dingo30

Morning,

The SAR was received today from CEL. All of the paperwork they’ve supposedly sent to me was sent to my building but without the flat number. The SAR was sent to me with my flat number on it.

I’m not sure how this could have occurred as they presumably would have gotten my details from DVLA and they have the flat number listed on the V5C as well as my license. One would have to assume it’s an error on the part of the CEL employee processing the paperwork, right?

How heavily shall I push this point in my potential witness statement?

The response to my “appeal”, which I never received is in there as well, but is unsigned. Also there is no code (or even a mention) for a POPLA appeal. Would that be standard? I feel like they potentially created this response to my “appeal” after my SAR when they realized that they never dealt with it properly.

Also the NTK that was supposedly sent (but never received) is about 40 days past the date of the “infraction”. The original PCN that was supposedly sent out (and again never received) never mentions anything about identifying the driver of course, just pay up or else.

As always, I appreciate the help you all offer.

Dingo30

Coupon-mad

I assume you got your defence in on time?

I’m not sure how this could have occurred as they presumably would have gotten my details from DVLA and they have the flat number listed on the V5C as well as my license. One would have to assume it’s an error on the part of the CEL employee processing the paperwork, right?

Yes, and with your WS you can append a copy of your V5C to show they failed to serve the Notice to Keeper to your DVLA address, thus failing the requirements of the POFA Schedule 4 for service of that document to the keeper's DVLA address, within 14 days.

How heavily shall I push this point in my potential witness statement?

Depends if in your appeal, you blabbed about being the driver?! If you did then the POFA is in the bin.

The response to my “appeal”, which I never received is in there as well, but is unsigned. Also there is no code (or even a mention) for a POPLA appeal. Would that be standard? I feel like they potentially created this response to my “appeal” after my SAR when they realized that they never dealt with it properly.

I think that would be a standard reply to a 'late' appeal (they would have perceived it as late, so no POPLA code was offered).

However, a Judge will not know this and why should you, either, as a lay person, and it certainly seems unfair due to their failure to serve any NTK that you could possibly have replied to quicker. So, say it like it is, that they failed to serve a PCN in time and then failed to provide you with a POPLA code even though you appealed to the first letter you received.

A Judge should agree with you I think, that this is unacceptable conduct and in breach of the pre-action protocol for debt claims as they have failed to try to resolve the dispute by offering the applicable ADR, and court is meant to be a last resort, not a form of aggressive debt collection, having denied a consumer any real chance to appeal.

Dingo30

Morning...

I assume you got your defence in on time?

Yes, I sure did thanks to the help and direction of yourself and others. Thanks again.

with your WS you can append a copy of your V5C to show they failed to serve the Notice to Keeper to your DVLA address, thus failing the requirements of the POFA Schedule 4 for service of that document to the keeper's DVLA address, within 14 days

I've changed address since the PCN (The Court and CEL have both been notified) and thus sent off my old V5C to DVLA. I guess I will need to speak/write to them about some document/copy showing my former V5C/info.

Depends if in your appeal, you blabbed about being the driver?

I'll re-read through it now within the SAR.

A Judge should agree with you I think, that this is unacceptable conduct and in breach of the pre-action protocol for debt claims as they have failed to try to resolve the dispute by offering the applicable ADR, and court is meant to be a last resort, not a form of aggressive debt collection, having denied a consumer any real chance to appeal.

I hope that it never gets to this stage but I'm prepared to fight it in this fashion if it does... Here's to hoping this is my last post in this thread!