CIVIL ENFORCEMENT LIMITED CCBC

martin_tate1986

Hi, I was hoping for some advice. I have trawled the forums and it’s an abundance of information but I am unsure of how to digest it all particular to my case. 

My partner has received a letter from county court business centre, issue date 19th December 22. It is in relation to a allleged parking offence taken place on 24/05/21 in a kfc car park monitored by civil enforcement limited. We have recently contacted kfc and the manager has stated he will contact CEL by email to cancel, but They have came back to him and said that the process is too far gone and that it will have to be loaded through the court. 

 I have not submitted the AOS yet as I was hoping the email from kfc as the land proprietor would of been enough for it to be cancelled but I would like to be prepared if this is not the case. 

 I am really at my wits end as what to do. I have just struggled my way through Christmas and now being faced with a bill for £289.78 is traumatising for me. 

I have tried to compose an email outlining my reasons for why I am contesting, I will copy and paste below. 

Any advice you could offer would be greatly received with thanks, 

Case number: Left blank purposefully

Civil enforcement limited

Horton house, exchange flags

Liverpool 

L2 3PF

I write to dispute - left blank purposefully  

I have attempted to contact civil enforcement limited several times to raise my concerns about the parking dispute and have had very little response attempting to discuss via telephone on 0115 822 5020.

I have several concerns with the legality of the basis of this parking charge claim which I will list below. 

Upon approaching what is believed to the parking charge controlled area, there is no land boundary and no designated markings stating where parking enforcement begins or ends. The car park in question is a continuation of an Access road and should therefore be clearly signed as a controlled carpark at the immediate border of the property in which parking enforcement commences. This is not the case, as it was on the day of the alleged parking offence, returning to the car park to take photographic evidence 18 months after this alleged offence shows that no indication is given when or where parking enforcement is in place from or ends. 

After receiving the parking charge notice, I returned to the carpark to check upon the terms and conditions of parking. It is as follows, 90 minutes maximum stay for kfc customers only. 

The parking charge has been documented as being from 12.12 - 13.57. 15 minutes over the allocated time. I have returned to the store and raised my complaints to the general manager named Paul who is contactable on 0151 494 0637 . He has proceeded to inform me he has made contact with civil enforcement limited by telephone and email, in regards to my case and requested the charge to be cancelled on behalf of kfc, the land proprietor. This had been done some time ago, the date of which I could not accurately recall,  and it must have been ignored or disregarded. Paul has recently informed he had recontacted civil enforcement to update and requested feedback. This contact was made upon Thursday 29th December 2022. 

After attempting to make contact at first, further letters where received in which the fine amount has spiralled astronomically to beyond what could ever be considered fair or proportionate and unknown and unwarranted amounts added also being interest bearing despite attempting contact whilst disputing, interest has continued to accrue. 

Threats and intimidation tactics have been utilised heavily and have massively affected my mental health. I explained this on the phone and was sniggered at which triggered anxiety attacks that left me feeling helpless and at the mercy of civil enforcement limited. I could not bring myself to try and make contact again after this.

It seems as though civil enforcement limited have upon numerous occasions disregarded contact in the aggressive pursuance of this claim. They have chose to disregard contact from myself and the land owner/proprietor in pursuit of excessive fees for what is obviously financial gain. It disappoints me that although the land owner has contacted civil enforcement limited and explained he feels as though the parking ticket is unjust and he has requested for it to be cancelled, that civil enforcement limited feel obliged to take it upon themselves to enforce it. To me, this disproves any argument for a claim of losses on behalf of kfc, the land owner, and shows that civil enforcement are treating this as pursuit of profit and financial gain for themselves. Reverting back to excessive and extortionate fee’s.  

I also feel as though civil enforcement have purposely timed issuing this notice. Some 18 months after the alleged parking offence, on the 19th December, a time when all assistance I would require is very limited due to holiday seasons and an attempt at forcing me into a situation in which I could not, or would struggle to present a sufficient defence and would be forced to not submit anything, which would make me appear to be evading the situation. 

Civil enforcement have not identified the user of the vehicle and have proposed that I am liable as the keeper of the vehicle. 

Furthermore, correspondence has not been received to my home address. information that has been retrieved wether it be inline to gdpr freedom of information acts or not, does not reflect my home address. Any correspondence received has been passed at earliest convenience of the property owner and at their discretion. 

Mouse007

Bin all that and do the AOS asap.

You need to focus on the formal Court proceedings now. Read the Newbies and template defence threads. Draft Paragraphs 2 and 3 and post them here for comment.

KeithP

martin_tate1986 said:

My partner has received a letter from county court business centre, issue date 19th December 22.

 I have not submitted the AOS yet...

With a Claim Issue Date of 19th December, you have until Monday 9th January to file an Acknowledgment of Service but 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 23rd January 2023 to file your Defence.

That's over three 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 guidance.

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'.

Of course everywhere I have written 'you' or 'your', I mean the named Defendant. Everything must be done in the name of the named Defendant.

martin_tate1986 said:
Furthermore, correspondence has not been received to my home address. information that has been retrieved wether it be inline to gdpr freedom of information acts or not, does not reflect my home address. Any correspondence received has been passed at earliest convenience of the property owner and at their discretion. 

Check your Vehicle Registration Document (V5c). Does it have the correct keeper's address on it?

martin_tate1986

Mouse007 said:

Bin all that and do the AOS asap.

You need to focus on the formal Court proceedings now. Read the Newbies and template defence threads. Draft Paragraphs 2 and 3 and post them here for comment.

Hi mouse007, 

firstly thanks for the response, so when drafting paragraphs 2 and 3 does anything need editing? And it also states in the newbies that you can add documentation supporting your claim ie receipts. I have an email from the kfc general manager to the parking company asking for cancellation due to my partner working in the store at the time, also in the email is the response stating that they can’t cancel as it’s in court process. Is this something that should be added? 

Not_A_Hope

Para 2 and 3 should be short punchy paragraphs that describe to a judge the circumstances of you receiving a PCN and perhaps any mitigating circumstances you wish to make the court aware of (e.g. lack of signage, cancellation request etc). You don’t add any evidence at this stage but if the claimant decides to progress their claim in court you will need to write a witness statement where you can expand on your defence points and add in all your evidence

Coupon-mad

And it also states in the newbies that you can add documentation supporting your claim ie receipts.

No it doesn't.  You are not at first PCN appeal stage (and you are not 'making a claim').

The first post of the NEWBIES thread is irrelevant to you.

martin_tate1986

Coupon-mad said:

And it also states in the newbies that you can add documentation supporting your claim ie receipts.

No it doesn't.  You are not at first PCN appeal stage (and you are not 'making a claim').

The first post of the NEWBIES thread is irrelevant to you.

Thanks coupon mad, 

so where should I be looking for reference? 

I have followed the link you mentioned and found myself at, 

Template defence to adapt for all parking cases where they add false admin costs - edited March 2022

Would you say this is my best option?
apologies for being so unknowing

Mouse007

martin_tate1986 said:

I have followed the link you mentioned and found myself at, 

Template defence to adapt for all parking cases where they add false admin costs - edited March 2022

Would you say this is my best option?
apologies for being so unknowing

That's your ONLY option my friend

Search the forum for examples how others have used it, your key defence point(s) at 3 (renumber if you have to)

martin_tate1986

Mouse007 said:

martin_tate1986 said:

I have followed the link you mentioned and found myself at, 

Template defence to adapt for all parking cases where they add false admin costs - edited March 2022

Would you say this is my best option?
apologies for being so unknowing

That's your ONLY option my friend

Search the forum for examples how others have used it, your key defence point(s) at 3 (renumber if you have to)

Honestly thanks so much for the help, I will reword where I feel I can. Massive help this community!