CIVIL ENFORCEMENT taking me to court!

raydetinu

Hi, A bit late, but hey ho you may be able to advise me?
Got a PCN back in February 2019, ignored of course, after being chased by them and several debt collection agencies, all ignored!
I got an LBA in March 2020 from CEL. To which I responded, see letter attached. they refuted that.
Then in July 20 got the Claim form from the court, claiming £264.30?
As its MCOL I acknowledged it, so have a bit more time!
So need help with actual defence, if there is any?
Due to circumstances I could not pay all at once, so monthly will be my offer? not bothered about CCJ, as old you see!
MY defence such that it is will be as outlined in my response to the LBA!
and also hope they dont turn up?
Any thoughts?
ta.

pogofish

You do realise that ignoring stopped being fully viable when POFA 2012 came into force some years ago..?

You should be up to speed now, having read the Newbies Sticky and appraised your remaining options.

KeithP

What is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
The MCOL claim history will have the definitive answer to that.

nosferatu1001

The newbies thread has a compelte guide to all stages
You can certainly offer a monthly amount, if they reject a reasonable offer theyre not going to get much luck witha corut. But why think youll lose? CEL are crap when it comes to court hearings. Totally incompetent

raydetinu

yes a bit late coming to the party, but here now? I do not make a habit of this, so all new.
Claim form issue date was 10th July,and acknowledged on line, so have a bit more time to submit defence.
So defence has to be in about 12th August. but want to do it before then.
Yes made an offer of £30 to settle which they rejected and issued court proceedings!
Any pointers about what I can say other than what is in my letter to them following the LBA?
CAB have helped me produce budget sheet, showing nothing to spare and huge debts already!
Any help appreciated.
Thanks
ray

Redx

Date acknowledged ?

Use the template defence from the sticky threads at the top of the forum

Your finances have no relevance to the case

KeithP

I asked you two questions. You only answered one of them.

I am going to assume that you filed an Acknowledgment of Service sometime after 15th July. Please confirm.

With a Claim Issue Date of 10th July, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 12th August 2020 to file your Defence.

With a Claim Issue Date of 10th July, and having filed an Acknowledgment of Service on 12th July, you have until 4pm on Monday 10th August 2020 to file your Defence.

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

To create a Defence, and then file a Defence, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Coupon-mad

Due to circumstances I could not pay all at once, so monthly will be my offer?

Errrm...do what?  

No-one makes offers.  What on earth are you thinking?  We win 99% of cases. CEL are easy to beat.  There are shedloads of threads just like yours, no need for an exclamation mark in the thread title.  This is normal - no risk - and this is when you win.

My goodness the new posters today need to read the NEWBIES and TEMPLATE DEFENCE threads.

D_P_Dance

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 in some cases, cancellation.

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, and an independent appeals service will be set up,


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/of these Private Parking Companies.

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

raydetinu

hi, all,
date of filing acknowledgement was 12th July 2020.
still reading upon stuff.
when I have got it together, can I copy it off site and post here for comments before submitting?
I went back to car park a few days ago and took some photos of it!
The only parking conditions For parking, charges etc. are below the camera in pitch black, no light at all? and its tiny about 400 mm square. you would need a torch and be right in front of it to see it? see photo.

Redx

Use the template defence from the top of this forum , adapt the relevant paragraphs

Post your proposed paragraphs on here below , do not post any of her paragraphs on here , just the ones you have changed , plus ensure your statement of truth is the latest one from April 2020

No evidence goes in with your defence , save exhibits for later in the process , in a few months time