County Court Business Centre Claim & Civil Enforcement.

silvial

Hello everyone.

I would like to ask if anyone could help me.

I have received a letter from County Court Business Centre - St Katharine’s Street Northampton with claimant - Civil Enforcement Limited which was issued on 23/08/21 with regards to unpaid PCN that I did have ignored for the reason at the time. Basically, I have stopped at the yard behind buildings around Ridley Road in Dalston London for my 30 min break without being able to notice any CCTV etc. Now when I’m looking at google earth images I can see the signs but one of them is even in what I believed in Turkish - got a photo of this.

Anyway, now CEL is asking for over £278.25 including the amount claimed of £193.25, court fee of £35 and legal representative’s costs of £50. 

I am devastated and should not have ignored it at first but now it’s to late and I need to do something about it. 

On 06/09/21 I did AOS but I do not know how to write the defend.

Do you believe if there is a chance to win this cases?

Anyone could advice on how to write the defend please? 

Thank you to everyone who will help me. Regards.

Redx

Start a new discussion for the UK CPM court case , leaving this one about Civil Enforcement only

Post the issue date from the CCBC claim form mentioning CEL , plus post the AOS date too

Email a SAR to the DPO at CEL attaching a copy of the correct claim form as proof of I D under the GDPR law to obtain all your data , asap

Court is a lottery , either side could win , only a fool would predict the outcome

Adapt the template defence by coupon mad at the top of this forum , after reading through her newbies FAQ sticky thread in announcements , again top of this forum

D_P_Dance

. Anyway now they both asking for over £270 

They have added what appears to be an extra unlawful amount for debt collection. Judges have dismissed an entire claim because this. Read this and complain to your MP.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

Coupon-mad

The template defence is at the top of the forum.  If you missed it and the NEWBIES FAQS advice thread due to using a phone, get on a laptop and the forum resources will be clearer to you.

A claim is nothing to be devastated about, it was fully expected and easy enough to deal with if you do the reading and research.

silvial

Thank you for reply. The question is if you go to court is there a possibility that I will have to pay more than what they want now?

Redx

silvial said:

Thank you for reply. The question is if you go to court is there a possibility that I will have to pay more than what they want now?

No , but there is every chance that you will pay up to £90 less on each claim , or nothing at all if you win or they discontinue

silvial

Redx said:

silvial said:

Thank you for reply. The question is if you go to court is there a possibility that I will have to pay more than what they want now?

No , but there is every chance that you will pay up to £90 less on each claim , or nothing at all if you win or they discontinue

Ok, that’s great. I will read all advice and go to the past posts. Although, some of this sounds like Chinese to me I’ll try my best to figure out something X

Redx

you need to answer the questions first about the CEL claim (I answered yours , lol , its a 2 way street )

than you need to start a new discussion thread about the UK CPM claim too

admin first , SAR to each company next , research later

silvial

Redx said:

you need to answer the questions first about the CEL claim

Sorry, but what do you mean by this? 

And also what mean to SAR to both of the company?

Redx

The newbies FAQ sticky thread near the top of the forum in announcements , post 5 explains initialisms and acronyms , including SAR , we expect you to know them and to answer our questions , plus to follow our instructions too , so read my first reply carefully

I asked you to provide the issue date from the top right of the first CEL claim form and the AOS date when you acknowledged it , your MCOL claim history provides both dates

Secondly , I asked you to start a new discussion thread , for the separate UK CPM court claim form , the second one , add the issue date and AOS date from that claim in the new thread too , I can see that you have done so and posted that issue date in it , so that KeithP could give you his advice and your deadlines. This thread needs the same information

Meaning have separate threads , one for each claim , because neither are related , we need issue dates and AOS dates for each claim , each in its own thread , because neither have anything to do with the other

Once you post the dates below , each claimant needs to be emailed a SAR to the DPO at the parking company , to get paperwork and pictures etc coming back to you , attaching a copy of the claim form as proof of I D under the GDPR law. Make sure that you copy the correct claim form in each case , don't send the CEL one to UK CPM , or vice versa

2 different claims can be confusing , which is why you needed 2 separate discussion threads

D_P_Dance

silvial said:

Thank you for reply. The question is if you go to court is there a possibility that I will have to pay more than what they want now?

That is very very unlikely.  Judges have been known to throw our entire cases when they detect dishonesty.