Civil enforcement ltd. Template defence struck out

Umkomaas

They seem to dip out more often than they see the case through to an actual hearing (whether face to face, video or telephone). But they do rely more on either the motorist succumbing to the pressure and paying, or on judgments in default where the motorist has either ignored/missed the court papers (house moves are a favourite) or not jumped every hurdle needed to get themselves in a position for a hearing. 

So you need to have your eye on the ball, and complete every task, right the way through to the hearing itself (or an earlier discontinuation by CEL). 

Fruitcake

A lot will depend on how strong a case the scammers think they have. They may go all the way. They may pull out. They may decide not to pay the hearing fee and let the case be struck out.
Who knows?
Do go through the guide to court by bargepole as you will have other work to do as well as a witness statement.
DQ and exhibits such as pics of signs and anything from the trampoline centre that help your case for example.
Don't wait until January only to find you have missed out one of the stages and lose by default. Often the things the claimant and defendant have to do is buried on the back of the hearing date letter.

Le_Kirk

Mitchell06 said:

So bit of an update. I sent a revised defence using the recommended one in the Parking Eye newbies thread. I have now received a letter from the courts informing me I have a hearing set for 5th February on the condition the claimant pays the £25 fee by 8th January otherwise the case will be struck out. I'm now under the understanding that I must provide a witness statement at least 2 weeks before the hearing date.

On that letter from the court, did it mention a date by which you have to submit WS and evidence or did it state "within 14 days of hearing date"?  Sometimes it is on the reverse of the letter.

Mitchell06

It says 'at least 14 days before the date of the hearing'. 

Fruitcake

Mitchell06 said:

It says 'at least 14 days before the date of the hearing'. 

Does it say both parties have to do anything else, such as submit a DQ? Whatever it tells you to do, you must comply, irrespective of what the other side do.
Prepare your WS and exhibits in readiness, but wait as long as possible to see if they send their WS and exhibits first. If that happens then you can hopefully rip their evidence apart, especially any alleged contract, and put those comments in your WS.
If they fail to supply the required documents within the required timescales, then complain to the court and ask for the case to be struck out using a draft court order for failing to comply with the CPR. The scammers have employed *cough* professional scamlicitors who should know the court process inside out, and therefore have no excuse for failing to comply with the CPR.

Mitchell06

So it is now 14 days until my hearing. Unfortunately CEL paid the £25 fee at the lastinute so the hearing is still set for the 5th of February. As it stands the hearing is still planned to be in person but I wall told be the court over the phone that this may change to a telephone hearing closer to the time which is understandable but also a bit unfortunate as I'd hoped CEL would just not turn up which seems less likely if its a telephone hearing.

I am due to send in my witness statement this evening after I finish work. I have just been sent an email from CEL which is as follows.
"Dear Mr Defendant, 

 

We refer to the upcoming hearing scheduled to take place next month at Bristol County Court.

 

Please be advised that the amount claimed is £263.11 (including interest, court, legal fees and the hearing fee), however, unless matters are solved, we will be forced to incur further legal costs for preparation, attendance and travel, which we will seek to recover at the upcoming hearing.

The terms and conditions of parking are clearly stated on the signage; “Flip Out customers/visitors must obtain a parking permit inside the centre”. In the event that a driver fails to adhere to the stated parking terms, they will be charged at the PCN level. The claim has been brought for breach of the terms and conditions, specifically because the driver failed to obtain an electronic permit inside the centre.

Notwithstanding the above and in accordance with the overriding objective (CPR 1.1) which stipulates that parties should attempt to negotiate a settlement so as to prevent costs from escalating and to make best use of the Court's time, we are willing to accept £125 in full and final settlement, please note due to the proximity of the hearing and service of documents, your acceptance of this offer is open for 7 days from the date of this email before/on 24/01/2021. If you are unable to pay £125 in full, please email the Legal Team at legal3@ce-service.co.uk to discuss a settlement. Please be advised that if we do not hear back from you, we reserve our position to rely upon this letter.

 

Payment can be made via our website (www.ce-service.co.uk) using the PCN number quoted above, or via our automated payment line (0115 822 5020). Alternatively, please send a cheque/postal order (made payable to Civil Enforcement Limited) to our Liverpool address (Horton House, Exchange Flags, Liverpool, L2 3PF) ensuring that the PCN number is written on the back of the cheque/postal order. "

What do you guys think? Money is a bit tight at the moment so I could do without a potential £300+ loss if the judge sides with CEL but equally I'd prefer to not pay them a penny if I can help it. CEL stopped managing the Flipout carpark a year or more ago so I'm not sure where they even stand with that now.
Cheers guys

nosferatu1001

Theyre going to DC. Why else halve the amount theyre claiming?
Are  you not now late to file? You have to ensure they receive it more than 14 days of the hearing date. You've had months to do this, and come back with no time left and we havent even seen this

Redx

They always send the frighteners  out , many times they discontinue to avoid those fees , it's who blinks first

Stick to doing what you must with the WS plus Exhibits plus summary costs assessment and file with court and claimant in good time

This has been seen numerous times on here , so it's clear that unlike us , you are not following other threads , big mistake

It may be a phone hearing so comply with the court orders , sometimes the claimant fails to turn up for the phone or video hearings too , never say never

So get on with your tasks , today !!!   , let them worry about their tasks and costs , those are their problem , not yours

Ralph-y

please read....

direct link to court section in newbies thread
.
https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585

and  

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs#latest

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1

Ralph

Mitchell06

nosferatu1001 said:

Theyre going to DC. Why else halve the amount theyre claiming?
Are  you not now late to file? You have to ensure they receive it more than 14 days of the hearing date. You've had months to do this, and come back with no time left and we havent even seen this

Yes I was hoping that that may be the case, I think I'll take the risk and call their bluff. It will be 14 days from tomorrow, I have purposely left sending the WS on as late as possible in hopes they would drop the case before it got to this point and if not I would be receive theirs and adjust mine to suit, unfortunately as it stands neither have been the case.