CIVIL ENOFORCEMENT LTD PCN to COUNTY COURT CLAIM FORM

TBrown302818

Recieved a claim: YES
Issue date: 21 JUNE 2023
Have you acknowledged the claim: NO
Total amount approx: £300
Claimants name: CIVIL ENFORCEMENT LTD
Solicitors Firm: S.WILSON, Head of legal (firm not known. Claim form states 'claimants legal representative')
Original Creditor: CIVIL ENFORCEMENT LTD
Original debt: £170
Particulars of claim: CLAIM FOR MONEY RELATING TO A PRKING CHARGE FOR BREACH OF CONTRACT TERMS/CONDITIONS(TCs) FOR PARKING IN PRIVATE CAR PARK (CP) MANAGED BY CLAIMANT. DRIVERS MAY ONLY PARK PURSUANT TO TCs OF USE DISPLAYED IN CPAND AGREED UPON ENTRY/PARKING. ANPR CAMERASOR MANUAL PATROLS MONITOR VEHICLES ENTERING/EXITING THE CP AND TC BREACHES.
Further details:

I drive my partners car (as it is ulez compliant) to London. I followed the satnav into a wrong turn. I did check for parking restrictions whilst not in a bay (I hoped that would make a difference). I found a notice stating that you can call a number for terms and conditions of parking. I didn’t understand the rest of the sign so called the number. It was an answer machine.

After receiving a PCN in my partners name I wrote to them immediately using their online portal stating my name (don’t kill me) explained that I was the driver (don’t kill me) then explained that I am dyslexic so it took me a while to work out the terms of parking. I also explained that I never took up a bay.

I got a letter (Not in my name) stating that I had to send evidence of my medical condition. I used their portal to express that I was livid at the rudeness of their response and told them that I didn’t have a medical condition.

I received a letter that my appeal to POPLA had been unsuccessful. (I received no verification code, should I have one?) They then forwarded the claim to: dcbl, zzps, gctt certified enforcement agencies and then qdr solicitors. DCBL had added a reference to PoFA 2012 so I pulled a number of points I thought relevant such them not transferring liability to the driver (effectively highlighting that the keeper is not liable) and sent this to them. Each of the aforementioned companies referred the matter back to civil enforcement ltd. I thought I was winning but then got a CLAIM FORM from COUNTY COURT BUSINESS CENTRE with a ‘response pack’

Then I found this forum! I read through the newbies thread. Only found info on ‘advise for registered keeper’ but not advise for driver. Have I missed it? Is it the same process?

Also, I saw in one of the comments someone had taken too long to respond to their pcn and someone responded: It’s too late for the keeper to be held liable. So I’d be keen to know how this affects my circumstances as its been more than 14 days?

If I understand correctly, it is time for me to send a SAR? The solicitor is S Wison but I  don’t know how to get his details to contact him directly. We are at Claim form stage so not sure if this applies: ‘Your point 1 will be non-PoFA complaint NTK such that the keeper cannot be held liable. Quote the relevant part(s) of the PoFA with which they have failed to comply.’ I would definitely need help with this.

The pcn and now county court claim form are in my partners name and he is abroad so I have to deal with this. I can provide evidence of the correct data subject.

I have prepared the SAR using the legalbeagles.info template and will send it to the DPO at civil enforcement, i found their email address.

1)      Should I send the SAR with pp before my partners name to show its signed on his behalf?

2)      While I am awaiting the answer to question 1, I know I need to respond online to moneyclaim.gov.uk which i have to do by 10 July I believe and do the CPR?

Really appreciate some guidance on if i have the right course of action planned etc.

Happy to post more info or photocopies of docs

KeithP

TBrown302818 said:

Recieved a claim: YES
Issue date: 21 JUNE 2023
Have you acknowledged the claim: NO

The pcn and now county court claim form are in my partners name and he is abroad so I have to deal with this.   

I know I need to respond online to moneyclaim.gov.uk which i have to do by 10 July I believe ...

Hello and welcome.
You are right with your first deadline.

With a Claim Issue Date of 21st June, you have until Monday 10th July 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 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 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'.

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

Coupon-mad

Who is the named Defendant The keeper? If so, then YOU can't defend it.  But they can and it will be a cinch. 

Surely the actual POC state the location and car reg (I'm not asking for that, BTW!):

"Particulars of claim: CLAIM FOR MONEY RELATING TO A PRKING CHARGE FOR BREACH OF CONTRACT TERMS/CONDITIONS(TCs) FOR PARKING IN PRIVATE CAR PARK (CP) MANAGED BY CLAIMANT. DRIVERS MAY ONLY PARK PURSUANT TO TCs OF USE DISPLAYED IN CPAND AGREED UPON ENTRY/PARKING. ANPR CAMERAS OR MANUAL PATROLS MONITOR VEHICLES ENTERING/EXITING THE CP AND TC BREACHES."

TBrown302818

Hi

Thanks for replying guys.

 @Coupon-mad yes, there was more info on the POC but the template on this forum specified not to state location, reg etc

Yes, the named defendent is the registered keeper. (my partner)

@keithp if its okay I may post my defence on here as I'm clueless.

My partner is coming back to sort this now. He's not happy with me

Thanks again guys. Will do as advised

Coupon-mad

My partner is coming back to sort this now. He's not happy with me.

Why not?  He will beat a solicitor - beat a scam - and you will both feel so empowered!

It's a great life experience learning how this works, we've written the defence for you and (later) DCBLegal will discontinue.  

We only need to see your paragraphs 2 & 3 please.  Obviously the rest is as per the Template Defence and I don't need to see / 'mark' my own work.

This isn't YOUR defence though. It's his.

B789

TBrown302818 said:

After receiving a PCN in my partners name I wrote to them immediately using their online portal stating my name (don’t kill me) explained that I was the driver (don’t kill me) then explained that I am dyslexic so it took me a while to work out the terms of parking.

If you have already admitted to being the driver... I'm confused. Why have they issued a claim to the RK?

Is this just another bit of evidence that you are dealing with an intellectually malnourished PPC?

TBrown302818

@B789 This is exactly one of my points! CEL have completely disregarded me despite having the driver name. They are supposed transfer liability but they did not. I will add that somewhere in my defence regarding the malnourished PPC, thanks.

1505grandad

"..... have completely disregarded me despite having the driver name."

Did you also provide a serviceable address?

TBrown302818

Coupon-mad said:

My partner is coming back to sort this now. He's not happy with me.

Why not?  He will beat a solicitor - beat a scam - and you will both feel so empowered!

It's a great life experience learning how this works, we've written the defence for you and (later) DCBLegal will discontinue.  

We only need to see your paragraphs 2 & 3 please.  Obviously the rest is as per the Template Defence and I don't need to see / 'mark' my own work.

This isn't YOUR defence though. It's his.

@Coupon-mad

Thank you for your words. I am not happy to pay these things but he just pays them and now it has escalated to this. He knows he has to do the defence himself and all the defence will be from him. 

None of the debt collectors are chasing. They have all referred the matter back to CEL one by one!  

Do you know how I can contact the legal representative S.Wilson please?

I will post the defence as soon as. Thanks for the help.

B789

Is S. Wilson the legal rep for CEL from their own "litigation department"?

In the defence you need to highlight that the claimant has no cause of action as they were given the drivers details and have instead sued the RK.

Coupon-mad

He's CEL's ex-Wonga barrister 'Head of Legal'.  Covered elsewhere on the forum.

You DO NOT contact him (no point!) and this isn't your defence.  It's your partner's.  When you stated you were driving did you provide your postal address or not?