Civil Enforcement - Letter Before Action

MrP_Arker

B789 said:

Now that you are aware of their business model and you have been advised on what you should and shouldn't ignore, why are you about to fold like the many gullible victims who don't know about this forum and pay up, even more than you would if you just let it go to a court claim?

Pay them and you become a part of the problem by funding their scam. Follow the advice given here and safely ignore any debt collector letters. They may seem scary but as the debt collector is not a party to the alleged contract that you allegedly breached, they are powerless to do anything.

The debt collectors offer their thug service to the parking companies on a no-win-no-fee basis. Basically, they offer to get all the gullible victims to poop their pants at the (idle) threats they make and pay up. Eventually, if the victims are not so gullible (as advised on here), they give up and give the case back to the parking company who then have to decide whether it is worth them threatening a court claim as a last resort to make the victim once again, poop their pants and throw in the towel or do they just giver up and go after other, more gullible victims (of which the majority are).

So, if you're hard up for money, why are you contemplating paying up when there is no need? Just explain what I have just written here to your wife and use the paper the debt collectors send you to line the bottom of a birdcage where they will at least have some use.

Gosh, you're so right. I was just thinking about paying the £170 and don't even have it in my account so it looks like we're going to war. Today was the day CEL said I needed to pay by so I guess we'll see what happens next.

I've had a good read through the Court Claim Procedure thread and feel like although it seems like quite a lot of work, after reading your reply feel like it's something I should do as oppose to becoming part of the problem and funding their scam.

Do you think now it's gone this far they're likely to take it to court? I've emailed Morrisons again with a further complaint and am also expecting a call back from their store manager today. 

Also, I've noticed an error in some of their paperwork.
- Their photograph shows me entering the carpark at 8:01
- My app screenshot shows payment from 8:47 (I was trying to get their app to work in this time)
- Their payment receipt shows my payment from 8:37, which could prove there must have been an issue with the app?  

Their argument is that I failed to pay within the 10min grace period. Which I suppose it technically true, but not my fault.

In your experience do you think this is even worth going to court for or would I most likely lose any court battle? 

Coupon-mad

All PPC cases are worth defending once you are at the laughable £170 demands stage, regardless of facts, because it's easier than you think (the template defence helps) and even if you lost - UNLIKELY - you'd only pay about £200.

There is NO RISK as long as you follow our advice and don't move house without telling them.  Ignore debt demands.  That's all...

It really doesn't deserve your time right now.

HOWEVER, THERE IS SOMETHING THAT DOES!

We sincerely hope that you are au fait with the need to respond to the final Government Public Consultation this Summer?

Anticipated July/August.

COME BACK THEN!

We all need to ram the nail in the coffin of the false £70 'DRA fee' add-on, that actually funds the court claim and toxic CCJ culture, as well as the DRA and roboclaim 'legals' gaslighting of people.

Please come back here when it opens.

If you are not a regular reader, to be alerted you'll need to bookmark the thread by MSE_JC at the top of the forum and enable (on your profile) email alerts for bookmarked threads.

Then join us when the Consultation opens. ...PLEASE!  We need all MSE victims if this horrific harassment and bullying to be heard.

MrP_Arker

100%. I will share the consultation once it opens and get as many people as possible to respond. 

I've been so shocked and appalled by their behaviours over the last 18months, I feel its a fight worth having to stop their harassment of others. 

Will keep in touch and have an eye out for when the consultation opens.

Kindest regards

MrP_Arker

I've just received this letter from Civil Enforcement.

I've followed all the steps in the Parking Charge/Newbies FAQ section, complained to Morrisons the land owner, who emailed back and said they dont own the land. I then asked for a SAR, which CE then sent me a huge pack of nonsense information. I then emailed them and asked for the 30 day suspension, whilst denying all debt. 

I then receive this, considering they were threatening to take me to court last month seems bizarre they would now pass it over to yet another debt recovery agent. 

You guys seen this sort of thing before? 

Looking forward to the consultation opening so we can take some steps to help put a stop to this utter rubbish. 


 

Coupon-mad

It's just standard stuff saying "don't bother us, we've passed it on to a time-wasting threatogram firm"!

MrP_Arker

So 13 days ago they sent me a county court claim. Today I have begun my fight back. 

DING DING!!! Here we go!

Have just filled out my Acknowledgement of Service paperwork online. I now have a further 14 days to prepare my defence. 

Have found the defence examples on the Court Claim Procedure thread really useful. Looking forward to the fight. Will keep this thread updated on developments for anyone experiencing the same harassment. 

Any updates on when the final Government Public Consultation is expected? 

Umkomaas

Please provide us with the Date of Issue shown on the Court Claim form, then forum regular @KeithP will be along with some key dates for you to work to and some actions to take to get all this underway. 

Any updates on when the final Government Public Consultation is expected? 

No specific date, but confidently expected before the date of Parliament's summer recess on 20 July - just eleven days hence. 

MrP_Arker

Thanks Umkomaas...

Date of issue: 21 June 2023
Date of Acknowledgement: 09 July 2023 

KeithP

MrP_Arker said:

Date of issue: 21 June 2023
Date of Acknowledgement: 09 July 2023 

9th July was a Sunday so I will assume Acknowledgment of Service was filed on Monday 10th July.
Your MCOL Claim History will confirm that.

With a Claim Issue Date of 21st June, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 24th July 2023 to file your Defence.

That's over two weeks away. Plenty of time to produce a Defence, but please don't leave the preparation of it to the last minute. However, you should leave the filing of it as late as possible.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline 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'.

Coupon-mad

Thera's no filling out paperwork. You said you filled out AOS paperwork...that's not what the NEWBIES thread coaches to do.