Civil Enforcement, Parking paid, PCN received - HEARING SCHEDULED

SMus

OH I thought I should have asked BPA to request Civil Enforcement those things? 

Coupon-mad said:

My suggestion above wasn't for the BPA.

SMus

HI everyone, 

I hope you're having a good evening. 

I'm writing this post after trying to study my moves here on MSE Forum and arrived to a point I'm not sure what to do.

Story short I parked in a private land owner's (Civil Enforcement Ltd) car park in Greenwich in May 2023, paid the ticket (which is still in my possession) with delays as there was a big queue at the machine, which it wouldn't accept cards on the day. 

I've never received the first £60 fine but just a second increased amount of £100 with a notice. I didn't pay it and tried to communicate with civil enforcement which resulted to be useless. I also followed the forum advice to go to talk to shops facing the parking but no one could help,

I received a letter of claim 10 days ago asking for £170 and I replied to It saying that their claims lack of merit as I have paid the ticket (I sent a copy of it in the email) and I still have proof of it. 

They've replied to with this:

////

WITHOUT PREJUDICE SAVE AS TO COSTS

 

We write to you in relation to the above matter.

To assist the Court in achieving its overriding objective, our Client may be prepared to settle this case. I can confirm our Client would be agreeable to £60.00 in full and final settlement of this Claim. The current outstanding balance is £170.00.　　　

Should you be agreeable to this offer, please confirm the same within 30 days. Payment can be made via our website www.dcblegal.co.uk, by calling our office on 0203 838 7038 or via bank transfer:　

Account Name: DCB Legal Ltd Client Account　　  

Sort Code: 20-24-09　　

Account no: 60964441　　

When making payment please ensure you include the following reference number, 117......, to enable us to allocate it to the correct case. 　　

Upon receipt of the settlement sum of £60.00 we will update the Court that the matter has been settled. If you are not agreeable, a Claim may be issued without further reference.

////

Now I'm very tempted to just pay the £60  but I feel scammed and I really want to fight back. 

what can I do from here?

I thank anyone who can help me in advance. 

Thank you!

Coupon-mad

SMus said:

HI everyone, 

I hope you're having a good evening. 

I'm writing this post after trying to study my moves here on MSE Forum and arrived to a point I'm not sure what to do.

Story short I parked in a private land owner's (Civil Enforcement Ltd) car park in Greenwich in May 2023, paid the ticket (which is still in my possession) with delays as there was a big queue at the machine, which it wouldn't accept cards on the day. 

I've never received the first £60 fine but just a second increased amount of £100 with a notice. I didn't pay it and tried to communicate with civil enforcement which resulted to be useless. I also followed the forum advice to go to talk to shops facing the parking but no one could help,

I received a letter of claim 10 days ago asking for £170 and I replied to It saying that their claims lack of merit as I have paid the ticket (I sent a copy of it in the email) and I still have proof of it. 

They've replied to with this:

////

WITHOUT PREJUDICE SAVE AS TO COSTS

 

We write to you in relation to the above matter.

To assist the Court in achieving its overriding objective, our Client may be prepared to settle this case. I can confirm our Client would be agreeable to £60.00 in full and final settlement of this Claim. The current outstanding balance is £170.00.　　　

Should you be agreeable to this offer, please confirm the same within 30 days. Payment can be made via our website www.dcblegal.co.uk, by calling our office on 0203 838 7038 or via bank transfer:　

Account Name: DCB Legal Ltd Client Account　　  

Sort Code: 20-24-09　　

Account no: 60964441　　

When making payment please ensure you include the following reference number, 117......, to enable us to allocate it to the correct case. 　　

Upon receipt of the settlement sum of £60.00 we will update the Court that the matter has been settled. If you are not agreeable, a Claim may be issued without further reference.

////

Now I'm very tempted to just pay the £60  but I feel scammed and I really want to fight back. 

what can I do from here?

I thank anyone who can help me in advance. 

Thank you!

Interesting that big firms like CEL are content to accept £60 at LBC stage.  Good evidence, thanks.

No paying.

Is there a VRM typo on your receipt?

Coupon-mad

Ah OK, just edited.  

  

SMus

Coupon-mad said:

SMus said:

HI everyone, 

I hope you're having a good evening. 

I'm writing this post after trying to study my moves here on MSE Forum and arrived to a point I'm not sure what to do.

Story short I parked in a private land owner's (Civil Enforcement Ltd) car park in Greenwich in May 2023, paid the ticket (which is still in my possession) with delays as there was a big queue at the machine, which it wouldn't accept cards on the day. 

I've never received the first £60 fine but just a second increased amount of £100 with a notice. I didn't pay it and tried to communicate with civil enforcement which resulted to be useless. I also followed the forum advice to go to talk to shops facing the parking but no one could help,

I received a letter of claim 10 days ago asking for £170 and I replied to It saying that their claims lack of merit as I have paid the ticket (I sent a copy of it in the email) and I still have proof of it. 

They've replied to with this:

////

WITHOUT PREJUDICE SAVE AS TO COSTS

 

We write to you in relation to the above matter.

To assist the Court in achieving its overriding objective, our Client may be prepared to settle this case. I can confirm our Client would be agreeable to £60.00 in full and final settlement of this Claim. The current outstanding balance is £170.00.　　　

Should you be agreeable to this offer, please confirm the same within 30 days. Payment can be made via our website www.dcblegal.co.uk, by calling our office on 0203 838 7038 or via bank transfer:　

Account Name: DCB Legal Ltd Client Account　　  

Sort Code: 20-24-09　　

Account no: 60964441　　

When making payment please ensure you include the following reference number, 117......, to enable us to allocate it to the correct case. 　　

Upon receipt of the settlement sum of £60.00 we will update the Court that the matter has been settled. If you are not agreeable, a Claim may be issued without further reference.

////

Now I'm very tempted to just pay the £60  but I feel scammed and I really want to fight back. 

what can I do from here?

I thank anyone who can help me in advance. 

Thank you!

Interesting that big firms like CEL are content to accept £60 at LBC stage.  Good evidence, thanks.

No paying.

Is there a VRM typo on your receipt?

Hi Coupon-mad, thank you for your reply.

Of course, let me know if it can be useful to share my letter I sent them too. 

So shall I just wait or should I let them know that I don't accept their settle offer if I want to go to court?

No there is no typo on the receipt

Coupon-mad

Just ignore them and wait.  You won't be paying them £60 you don't owe.

SMus

Hi Everyone,

I hope you had a good festive time and are getting ready for the new year celebrations. 

Unfortunately my Christmas started with the arrival of THE CLAIM FORM and although being determinated to fight, I feel very stressed about it. 

The Claim is dated 17 of December, so I believe that gives me about a week from now to respond with my defence. 

My first question to who is kind to respond in this 'time off' is should I respond with Acknowledgment of Service to gain extra time? 

Thank you in advance for your help!

KeithP

SMus said:

Unfortunately my Christmas started with the arrival of THE CLAIM FORM and although being determinated to fight, I feel very stressed about it. 

The Claim is dated 17 of December, so I believe that gives me about a week from now to respond with my defence. 

My first question to who is kind to respond in this 'time off' is should I respond with Acknowledgment of Service to gain extra time? 

Can you please show us a picture of the Particulars of Claim - with all your personal detail hidden of course.

With a Claim Issue Date of 17th December, you have until Monday 6th January 2025 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 20th January 2025 to file a Defence.

That's 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'.

SMus

Hi Keith, thank you for responding. 

of course here it is:

Fruitcake

The PoC are woefully inadequate and do not define a specific cause for the claim. Whilst it states, Payment not made in accordance with notified terms, it does not specified what those notified terms were, nor which one or ones was allegedly breached.
For example, was payment not made for parking, or not made for standing on one leg whist singing I am Australian, or not made for buying an ice cream ... or what?

Use the whole of the defence template, including the CEL v Chan case as per the hharry100 defence, linked from the template defence sticky Announcement, then show us only the parts of the template that you have amended.
Personally, I would add that since the claimant is CEL, they should be perfectly aware that the PoC in your case are inadequate as they were in CEL v Chan, and this failure to provide detailed particulars as required by the CPR is at best negligent, and is therefore unreasonable behaviour. CEL should know better than to continue to produce claims with inadequate particulars.