Civil Enforcement Limited - Defence

houseofcheshire

Hello, I am currently in the process of writing up my defence against Civil Enforcement Ltd for parking in a KFC Carpark. The time allows for 90 minutes. The carpark is adjacent to a council carpark and very poorly signed to show that it is separate, and given the time (after 6pm) of the alleged offence the 'council' carpark would have been free to park. 
I genuinely believe the signage has been mounted strategically to give this impression and therefore increase the numbers of their 'fines'. 

Anyway, I have completed the AOS and drawing up my defence. In the meantime I have received a further letter adding an additional £70 if I do not pay up, is this legal? and if not, is there something that I can add in to highlight this?

I have attached my current defence for guidance.

Thank you so much

nosferatu1001

We dont know what that letter is, unless you show it so we can see what exactly it says

PLease tell us:
- date of issue
- precise date you filed the AOS, and that you did so online
- is this defence based on the NEWBIES template? Before I open it I want to see if its worth doing so!

Redx

Answer the questions above

Anyone can send you a demand for money , it's not about if it's legal , it's about if it can be enforced in a court of law

Concentrate on dealing with the court claim , not debt letters , help us to help you by answering all those questions above , all , not some

KeithP

@houseofcheshire, when you posted elsewhere yesterday you were asked...

When you start your thread, please tell us the name of the PPC and the name of the scamlicitors they are using. Please also post the date of the claim and the date you completed the AoS, plus details of the case.

But you haven't supplied those two dates.

Fruitcake

nosferatu1001 said:

We dont know what that letter is, unless you show it so we can see what exactly it says

PLease tell us:
- date of issue
- precise date you filed the AOS, and that you did so online
- is this defence based on the NEWBIES template? Before I open it I want to see if its worth doing so!

The defence is based on the "Suggested Template Defence ..." from the stickies.

houseofcheshire

Thank you for your replies. Sorry that I have lacked information, I will add it all onto this post. 

nosferatu1001 said:

We dont know what that letter is, unless you show it so we can see what exactly it says

PLease tell us:
- date of issue
- precise date you filed the AOS, and that you did so online
- is this defence based on the NEWBIES template? Before I open it I want to see if its worth doing so!

The date of issue was 09/07/2020, I filed the AOS online on the 14/07/2020. And yes the defence I have worked with is the template from the Newbie thread. I have attached an image file of the 'final reminder letter' with the added £75 (not £70 my mistake)

Thank you 

houseofcheshire

KeithP said:

@houseofcheshire, when you posted elsewhere yesterday you were asked...

When you start your thread, please tell us the name of the PPC and the name of the scamlicitors they are using. Please also post the date of the claim and the date you completed the AoS, plus details of the case.

But you haven't supplied those two dates.

Sorry I didn't see this. The only letters I have are off Civil Enforcement Limited so I suppose that is the PPC. Also no solicitor? Although the Claim form is signed 'S Wilson - Head of Legal (Claimants Legal Representative)' 
Date of claim - 9th July 2020
AOS - 14th July 2020

Details: Time in 19:56, Time out 21:44 breaching their 90minute rule. 
There are no clear signs to show that you are entering a private carpark. 

Thanks

Umkomaas

houseofcheshire said:

Thank you for your replies. Sorry that I have lacked information, I will add it all onto this post. 

nosferatu1001 said:

We dont know what that letter is, unless you show it so we can see what exactly it says

PLease tell us:
- date of issue
- precise date you filed the AOS, and that you did so online
- is this defence based on the NEWBIES template? Before I open it I want to see if its worth doing so!

The date of issue was 09/07/2020, I filed the AOS online on the 14/07/2020. And yes the defence I have worked with is the template from the Newbie thread. I have attached an image file of the 'final reminder letter' with the added £75 (not £70 my mistake)

Thank you 

The £75 might be the very legitimate add-ons of £25 court filing fee and £50 (capped) legal fees. If so, they won't be part of the Abuse of Process element. We'll need to see the full breakdown if they issue a court claim. 

Redx

tell us the amounts from the court claim , any other recent letters are irrelevant , some costs are allowed , so with a £100 pcn they can typically add £75 to £100 in court and legal fees , but tend to add extra charges which are an abuse of process and bump the claim up to say £250 to £275 ish

this is a live court claim, so the claim has already been issued, the other letter may be an error and has no bearting on the amounts claimed on the N1 claim form

reading the last posts it appears you have named the driver, in which case if you have done so in the defence then POFA wont apply

if you are defending as keeper and not driver, then your posts need editing to show what the driver did, using the words KEEPER, DRIVER , CLAIMANT , DEFENDANT etc

no "MY , ME , MYSELF & I"

if yuour defence is based on the coupon mad template defence, then just post the couple of paragraphs that are changed in a post below, plus any other changes, nobody is going to proof read the rest of coupon mads template when there is no need

ensure it has the april 2020 statement of truth at the bottom too

Castle

houseofcheshire said:

Thank you for your replies. Sorry that I have lacked information, I will add it all onto this post. 

nosferatu1001 said:

We dont know what that letter is, unless you show it so we can see what exactly it says

PLease tell us:
- date of issue
- precise date you filed the AOS, and that you did so online
- is this defence based on the NEWBIES template? Before I open it I want to see if its worth doing so!

The date of issue was 09/07/2020, I filed the AOS online on the 14/07/2020. And yes the defence I have worked with is the template from the Newbie thread. I have attached an image file of the 'final reminder letter' with the added £75 (not £70 my mistake)

Thank you 

That "final" reminder is apparently dated 21st July 2020, some 12 days after they issued a court claim. So file that under the "they don't know what they're doing" pile.

KeithP

houseofcheshire said:

Date of claim - 9th July 2020
AOS - 14th July 2020

With a Claim Issue Date of 9th July, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 11th August 2020 to file your Defence.

That's just under two weeks away. Plenty of time to produce a Defence and it is good to see that you are not leaving it to the last minute.

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

Don't miss the deadline for filing a Defence.