Letter Before Action - Civil Enforcement Limited

jackmall2121

Hi guys, I've received a letter before action in the post yesterday from civil enforcement limited.

It pertains to a PCN from July 2020. They state, in this letter before action, that they have sent me a letter to my previous address (which I've not received) and that they have had to do another request from DVLA to find my new address.

They are requesting me to pay circa £280

Could you please help me with what can I do at this stage, since I've had no contact from them prior to this letter?

Many thanks

Redx

You read the newbies FAQ sticky thread near the top of the forum , in announcements

Especially read the second post which tells you what to do

jackmall2121

Redx said:

You read the newbies FAQ sticky thread near the top of the forum , in announcements

Especially read the second post which tells you what to do

Yes, I've read it all multiple times, thanks for the heads up Redx

My only doubt is if I skip the first instruction completely (the PCN appeal in blue text at the top) and go straight to this:

Subject Access Request 'SAR'  emailed to dataprotectionofficer@ce-service.co.uk

Thanks

KeithP

The first action in the NEWBIES thread is to complain to the landholder.

Yes, you are too late to to send an appeal to the parking company.

Interesting that you say the parking company have asked the DVLA for the keeper's details twice.
Parking companies are forbidden for asking for keeper's details more than once.

jackmall2121

Hi Keith, thanks for joining in.

Yes, the !!!!!! say exactly that in the letter:

 "We are writing to you at this address in accordance with the pre-action protocol for Debt Claims (*PAP*) contained in the Civil Procedure Rules (CPR) and pursuant to paragraph 24.1b of the British Parking Association Code of Conduct, which requires us to undertake a trace of your current address where you have not responded to any of our previous correspondence., including the PCN. Our previous correspondence was sent to the address provided to us by the DVLA as being your registered keep address at the date of the parking event."

I have already complained to the landholder, spoke to the actual owner of the retail space, an old gentleman and he said that "he has nothing to do with the car park" even after I stated that it's still their land, but they let Civil enforcement explore it.

I am going to do this then: Subject Access Request 'SAR'  emailed to dataprotectionofficer@ce-service.co.uk

Thanks

KeithP

Ah, so they haven't actually said they asked the DVLA a second time.

They are allowed to use a tracing service to find you. That is ok.

You now need to tell the Data Protection Officer at CEL to erase you old address from their files and ensure that the only address they or their agents hold is your current address.

Perhaps you should also tell CEL to place the matter on hold for thirty days whilst you seek debt advice - as suggested in the second post of the NEWBIES thread.

jackmall2121

They are allowed to use a tracing service to find you. That is ok.

You're right! I thought the only way would be with the DVLA. 

Perhaps you should also tell CEL to place the matter on hold for thirty days whilst you seek debt advice - as suggested in the second post of the NEWBIES thread.

I will do that too and wait for their reply, thanks very much for the help

jackmall2121

I have received a letter from CEL with all the correspondence they have mailed me in regards to my PCN.

They have NOT provided the PDT machine record from that day at all, literally, all they have provided was the initial PCN, multiple letters chasing payment from CEL and the classic ZZPS letters too and the last one: the claim to court from CEL.

Now here's the interesting part: "As a gesture of goodwill, CEL will accept the original PCN sum of £100 if payment is made within the next 2 weeks". 

Can you please advise what can I do here and what do you advise?

Many thanks

Umkomaas

Now here's the interesting part: "As a gesture of goodwill, CEL will accept the original PCN sum of £100 if payment is made within the next 2 weeks". 

Can you please advise what can I do here and what do you advise?

It's more about what you want to do. Do you want to pay them to get them off your back, or defend and go through the whole process, with a strong likelihood that CEL will back off in the longer term? 

The first option takes a moment to complete, but you could spend years of your life regretting your action. The second option will take some weeks/months of working with the forum to build your best defence and subsequent Witness Statement, then you're free of them, either through them backing down, or a Judge making a decision.  

Do you think that them offering to reduce the amount by almost two thirds so early on is an indication as to how strong a case they feel they have against you?

KeithP

jackmall2121 said:

Can you please advise what can I do here and what do you advise?

My advice is to wait patiently for a County Court Claim Form to drop through your letterbox.

Coupon-mad

I agree.  Wait for the claim, this is a matter of principle, not paying £100 to an ex clamper firm which sponsors and funds the next few PCNs against more new victims.

They clearly think they have no case and maybe some PPCs are taking on board that they can’t add false sums on top, when they haven’t paid anyone that extra £60 and the public has sussed that little scam.