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Letter Before Action - Civil Enforcement Limited

2

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    KeithP 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.
    Ditto

    As for how they traced you and other matters , the reply is simple

    Facts only , do not make any assumptions

    Trace 1 , was a DVLA database lookup , after the incident , within 6 months , but never again !!

    Trace 2 , by using a soft credit check , council tax records , or more likely a tracing service like Trace debt recovery ltd
  • Coupon-mad
    Coupon-mad Posts: 153,572 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As long as you have replied telling them to erase the old address then you are safe to wait for a claim.  

    Never, never leave a PPC with 2 addresses to choose from, or they will send the claim behind your back to the older address.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 43,510 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As long as you have replied telling them to erase the old address then you are safe to wait for a claim.  

    Never, never leave a PPC with 2 addresses to choose from, or they will send the claim behind your back to the older address.
    Chasing judgments in default is most certainly a significant element of the CEL business model; they achieve more of these than any other PPC; they don't just randomly happen!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Thanks for all the replies guys, I am most definitely going to wait for the county court claim.

    As long as you have replied telling them to erase the old address then you are safe to wait for a claim.  
    I have emailed all their 3 emails specifically stating what my current address is and to remove my old one from their database, so that is covered.

    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? 
    I would rather pay after losing but dragging them for as long as I can than to pay now just to get it out of the way.
    My other half completely disagrees and sees the £100 (from £280) as a win. I see it as nothing more than a bribe to get me to pay. 

    In the meantime, I will start reading how to put together a proper defence as I am sure I will need it.

    Appreciate all your help guys, thank you.
  • Hey everyone
    I've received now a county court claim via post.

    As I will be away for the next 2 weeks abroad, can I sign up for the Money Claim Online portal and do the Acknowledgment of Service (AOS) or should I wait some time before doing it?
    If I do it now, will the 14 days be added to the 14 (+5) from the date of issue?

    Many thanks
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hey everyone
    I've received now a county court claim via post.

    As I will be away for the next 2 weeks abroad, can I sign up for the Money Claim Online portal and do the Acknowledgment of Service (AOS) or should I wait some time before doing it?
    If I do it now, will the 14 days be added to the 14 (+5) from the date of issue?

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

  • KeithP said:
    Hey everyone
    I've received now a county court claim via post.

    As I will be away for the next 2 weeks abroad, can I sign up for the Money Claim Online portal and do the Acknowledgment of Service (AOS) or should I wait some time before doing it?
    If I do it now, will the 14 days be added to the 14 (+5) from the date of issue?

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

    11th of April, cheers
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    KeithP said:
    Hey everyone
    I've received now a county court claim via post.

    As I will be away for the next 2 weeks abroad, can I sign up for the Money Claim Online portal and do the Acknowledgment of Service (AOS) or should I wait some time before doing it?
    If I do it now, will the 14 days be added to the 14 (+5) from the date of issue?

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

    11th of April, cheers

    With a Claim Issue Date of 11th April, you have until Tuesday 3rd May to file an Acknowledgment of Service. Do not file an Acknowledgment of Service before 16th April, but otherwise there is nothing to be gained by delaying it. 
    To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

    Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 16th May 2022 to file your Defence.
    That's over four 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 by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.
    Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

    Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.
  • jackmall2121
    jackmall2121 Posts: 13 Forumite
    10 Posts First Anniversary
    edited 13 April 2022 at 7:23PM
    Thanks, Keith!
    I have set up alarms and events to file an AOS in 7 days, and will work carefully on my defense shortly after!
  • jackmall2121
    jackmall2121 Posts: 13 Forumite
    10 Posts First Anniversary
    Is this an acceptable defense?

    the only points I've changed are #2 and 3# as suggested in the template:

    The facts as known to the Defendant:

    2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied. 

     3. The defendant used the car park while having dinner at a nearby restaurant. There was not enough signage at the time of this alleged Parking Charge.


    They have added unfair costs to the PCN ((£182+8%)+£35 Court Fee+£50 Legal Rep Costs = £292.21 Total)

    I am not sure what else to say in #3. That is literally the only reason I did not pay for parking. I'd parked in the same exact car park multiple times prior to this and there was never a company exploiting the car park. I did NOT see any signs at all. The person I had dinner with parked right next to me and also did not see any signs. They also got a PCN, go figure.)



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