Court case-CEL past 28 days

sexon

Sorry I had to start a thread as I could not find something specific.
CEL started court action. The driver filed acknowledgment of service at the end of Febuary 2020 and a defence at the end of March 2020. CEL have not taken the next steps. Can this case be set aside a now outside 28days? If so, is there a template.

KeithP

What does the MCOL Claim History say?

Has the Claimant filed a Directions Questionnaire?

Have you filed a Directions Questionnaire?

Wasn't it the keeper that filed an Acknowledgment of Service?
Isn't it the keeper that's the named Defendant?

D_P_Dance

Sorry I had to start a thread as I could not find something specific.

You do not need specifics, most clsims are the same in essence so please read the sticlies/ewbies at the top of the index page.

Be under no doubt, this is not a fine, it is an invoice from an ex-clamper to compensate them for the alleged harm they suffered when you did what you did. We call it a scam. Pay them not a penny unless a judge so orders it.

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, 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 were finally closed down, so hopefully will many of these Private Parking Companies.

parkerdan

I am in a similar situation, but I checked with the ccbc and their website says a delay in processing anything is delayed by at least 21 days .so if you add that to the  28  

sexon

CEL withdrew their case two days ago.

Background:
CEL have been pursuing my missus for parking at Starbucks in Wimborne. The claim was from last year. I got advice here from many good people as always. The allegation was that my partner had been at Starbucks for over 24hrs-impossible as she works fulltime and does school runs some mornings. We ignored the PCN until the court papers. We filed the relevant papers and had a case listed yesterday. Listed for 2.30. We waited for a call for over an hour and had to leave for other things. Pleased that they withdrew the case but what a waste of time, court's and ours.

But great news thank you all and hope I posted in the right section.

Coupon-mad

Brilliant final update (apart from your planned data misuse claim on the other thread (go for it, Clay v CEL style).

ANOTHER CEL ONE BITES THE DUST!

AND - please now make a real difference - A TASK FOR SEPTEMBER.

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

And we say the added fake 'debt recovery' costs are just double counting the cost of letters, and MUST GO because that is unfair and illegal.

Please be heard.  You can bet the hundreds of PPCs will be commenting.

No apologies for repeating this vital 'call for action' to consumers, on every thread this month!

sexon

Thank you Couponmad for your support , cool approach and and kindness. It is much appreciated and I will go farther and harder and update in due course. This CEL one was small change compared to Deveres many years ago. Stay safe