CEL DCB Legal court claim

itcouldbeme94

Hello all! 

So over the course of the last few months my friend has read through the newbie guide, as well as countless other threads to try and better understand their position. 

In October 22, Civil Enforcement issued them with a charge of £60 for exceeding a free max stay by 20 minutes. They appealed this unsuccessfully and proceeded to ignore all other begging letters. They have contacted their local MP but no response this far. They also contacted the establishment (it was a KFC in Northwich), who advised they couldn't do anything. They did check the land registry but the address returned no results. 

They've just received their "final letter before passing to solicitors" letter from GCTT, and decided they would review all their previous letters etc ahead of their potential escalation. 

When reviewing, they realised in their appeal they had started that "they" were inside the restaurant - is there still a way to win this if things do go further?

UncleThomasCobley

You (or your friend, or both) should read the Newbies/FAQ thread to better understand where you are in the process and to ignore anything from a debt collector such as GCTT.

Stating in their appeal that "they" were in the restaurant, do you mean they that they stated "I was in the restaurant"? That in of itself doesn't mean anything. Unless they stated something along the lines of "I drove to the restaurant..." or "I parked at the restaurant...", there is nothing to worry about. It could all be irrelevant anyway if CEL have correctly worded PoFA 2012 in their NtK.

In the meantime, go have a thorough read of the Newbies/FAQ thread and if/when you or they receive an LoC/LBC, go back again to the Newbies/FAQ thread and re-read the second post which details exactly what needs to be done and by when.

Coupon-mad

It'll be easy to beat. Wait for the LBC.

itcouldbeme94

So after thinking they'd lost interest, they're back today with their Letter Before Action! I've read through the Newbies page - I just want to confirm I'm correct in thinking my next steps are to wait until near the end of the 30 day time limit, and then request a SAR and inform Civil Enforcement that this is what I'm doing, and that they will have to allow 30 days? I believe from what I've read, after this I should receive court claim forms?

Thanks for any help and advice!

Fruitcake

The new advice is not to send an SAR because quite often the POC on the claim when it comes are inadequate, which is what you want.

You will only get a 30 day extension if you tell them you deny the debt but are seeking debt advice and require the case to be put on hold as per court pre-action protocol.

itcouldbeme94

Thanks Fruitcake. So am I right in thinking my next steps are to partially elapse the 30 day time frame, then deny the debt and advise I'm seeking debt advice and require it be held per PAP? From that point I assume I wait to see if they actually proceed with court proceedings? 

Fruitcake

itcouldbeme94 said:

Thanks Fruitcake. So am I right in thinking my next steps are to partially elapse the 30 day time frame, then deny the debt and advise I'm seeking debt advice and require it be held per PAP? From that point I assume I wait to see if they actually proceed with court proceedings? 

Yes to all of the above, but only if you want or need the extra time. Personally I would demand the extra 30 days just because I can, but some people want to get it over with asap.

Coupon-mad

itcouldbeme94 said:

Thanks Fruitcake. So am I right in thinking my next steps are to partially elapse the 30 day time frame, then deny the debt and advise I'm seeking debt advice and require it be held per PAP? From that point I assume I wait to see if they actually proceed with court proceedings? 

No that's not quite what the NEWBIES thread says to send.

Please just do what it says there and don't repeat it here (we have little time and the NEWBIES thread is there to help you to see exactly what to do at the simple stages, and protect our time, so that we are available to help with actual claims.

You'll be glad of that when you get to that stage!

itcouldbeme94

Hi everyone, 

So I followed the steps on the newbies guide and received a response by letter confirming they hold the correct address obtained from the DVLA on 09/11/22.

They have said the debt recovery costs are exclusive of VAT, and that the sign clearly states if any terms and conditions are breached then I will be charged £100.

Do I need to do anything further at this point, or is it a case of waiting to see if court documents follow? 

Coupon-mad

itcouldbeme94 said:

Hi everyone, 

So I followed the steps on the newbies guide and received a response by letter confirming they hold the correct address obtained from the DVLA on 09/11/22.

They have said the debt recovery costs are exclusive of VAT, and that the sign clearly states if any terms and conditions are breached then I will be charged £100.

Do I need to do anything further at this point, or is it a case of waiting to see if court documents follow? 

Please show us that letter.  In a reply, as a picture (your data & VRM &PCN ref redacted).

itcouldbeme94

Sorry for the delay coming back on this - life happened. 

Letter attached below. 

Thanks!