CEL letter before action help (I now have a court claim form??)

Castle

Creative Parking Solutions PLC was dissolved on 24th July 2018 so hasn't legally existed for more than 5 years.
CREATIVE PARKING SOLUTIONS PLC overview - Find and update company information - GOV.UK (company-information.service.gov.uk)

DisabledandConfused

Trainerman said:

Your first post said it had been "passed to Civil Enforcement Ltd", but they would appear to be the PPC. If they are the current PPC, employed after  Creative Parking Solutions were kicked out, then the Hotel DO still have clout and could get this stopped.

Might be worth another go at head office.

Im not sure who it was originally, all I know is that CEL are the people currently chasing me for this so called 'debt'

Coupon-mad

But CEL are the same company as Creative.  That is the parking firm. You won't be paying a penny.

The hotel group can't cancel this PCN because CEL no longer hold the contract. The hotel has no leverage now.  Should have complained at the time (he is right).

Email Daniel back and ask him to confirm two things as this is your understanding and you need the position clarified, to fight this in court:

(a) did they cancel or not renew their ill-advised contract with these notorious ex-wheelclampers due to complaints and over-zealous automatic ANPR PCN issuance?

(b). if they could have got this cancelled, would they have done so, as a gesture of goodwill (but now their hands are tied so they can't)?

DisabledandConfused

Coupon-mad said:

But CEL are the same company as Creative.  That is the parking firm. You won't be paying a penny.

The hotel group can't cancel this PCN because CEL no longer hold the contract. The hotel has no leverage now.  Should have complained at the time (he is right).

Email Daniel back and ask him to confirm two things as this is your understanding and you need the position clarified, to fight this in court:

(a) did they cancel or not renew their ill-advised contract with these notorious ex-wheelclampers due to complaints and over-zealous automatic ANPR PCN issuance?

(b). if they could have got this cancelled, would they have done so, as a gesture of goodwill (but now their hands are tied so they can't)?

It may not the right way of doing it but I did actually go to the front desk and complain a couple of days later and they told me to pay it.

Coupon-mad

Front desk is not who to ask, and I clearly stated the two things to now ask Daniel.  You've emailed him?  This is simply to give you evidence to help easily defend a CEL court claim. 

DisabledandConfused

I just got a court Claim form in the mail!! I followed all the instructions in the original pinned post and yes I did email the hotel manager more than once. I requested from CEL the information that I was legally entitled to ages ago and heard nothing since and now this! What do I do?

DisabledandConfused

Coupon-mad said:

Front desk is not who to ask, and I clearly stated the two things to now ask Daniel.  You've emailed him?  This is simply to give you evidence to help easily defend a CEL court claim. 

Yes I did email him your questions after his first response and he didnt repond.

KeithP

DisabledandConfused said:

I just got a court Claim form in the mail!!
What do I do?

What is the Issue Date on your Claim Form?

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

DisabledandConfused

KeithP said:

DisabledandConfused said:

I just got a court Claim form in the mail!!
What do I do?

What is the Issue Date on your Claim Form?

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

Hello,
The issue date was 22/05/2024

Yes I have filed an acknowledgement of service online using the instructions in the pinned post and I did that today on 24/05/2024.

LDast

With an issue date of 22/5/24 and having filed your AoS, you now have until 4pm on Monday 24th June to file your defence.

Whilst the claim hasn't technically been served until 5 days after the issue date, as long as the AoS is done within 14 days + 5 days, it is OK. The court will still take the full 28 days after service even if it was acknowledged before the 5th day after issue.