LETTER BEFORE ACTION FROM CIVIL ENFORCEMENT LIMITED

ishy2013

I received a letter before action from civil enforcement limited and have been given 30 days to respond. I took my daughter to the library and didn't realise I was required to enter my vehicle details in order to activate the free parking session. I realised this at my next visit (the next day) and made several attempts to get this cancelled by the library with no success. I am unable to pay £170 and would appreciate your help with having this revoked.

A copy of the letter is attached below.

Many thanks

Fruitcake

Did the keeper appeal the initial charge? 
Did the keeper appeal to PoPLA?
Was the NTK PoFA compliant and capable of holding the keeper liable?

If you need more time, you can send a hold instruction stating that whilst you deny the debt, you are seeking debt advice and require the case to be put on hold for 30 days as per court pre-action protocol.

Keep hammering away at the library, and go up the food chain as high as you can to CEO/Director level.

Get photos of the site, signage, and keypad, including signs about entering a VRM.

Search the forum for hidden keypad defence, and start reading the guide to court written by bargepole that you will find in the sticky Announcement for NEWBIES plus the template defence sticky Announcement.

Coupon-mad

ishy2013 said:

I received a letter before action from civil enforcement limited and have been given 30 days to respond. I took my daughter to the library and didn't realise I was required to enter my vehicle details in order to activate the free parking session. I realised this at my next visit (the next day) and made several attempts to get this cancelled by the library with no success. I am unable to pay £170 and would appreciate your help with having this revoked.

A copy of the letter is attached below.

Many thanks

Please see the NEWBIES thread LBC section.  There is no need to show us a LBC.

ishy2013

Thanks for your response. It is appreciated.

No, I didn’t appeal the initial charge and didn’t appeal to POPLA.

I haven’t got the NTK so unable to check compliance.

Contacted the library who advised that it is difficult to cancel as it is a little too late in the process (having received a letter before action – claim for debt).

I wasn’t the driver.

nopcns

It's never too late to cancel a PCN, even if an LoC has been sent. Maybe ask the library why they think it can't be cancelled.

ishy2013

Hello everyone, this forum has been fantastic. I have been able to follow the advice on the forum and successfully submitted a defence, AOC,... I have now received a letter from my local county court (dated 17/10/2024) with a proposed hearing date of 15th Jan 2025. I will need your help and advice with preparing a defence, witness statements, etc.
Civil Enforcement Limited sent me a 'Without Prejudice Save As to Costs' letter dated 25/10/2024. It states: The claim is currently outstanding at £269.35. Further to the overriding objective that the parties should try to reach settlement of te claim before the trial hearing, we are willing to settle this claim for the sum of £135, which is the original sum of £100 offered when when the PCN was first issued and the basic court fee of £35 for issuing this claim against you. This does not take into account considerable sums we have expended in seeking to recover the outstanding sum".

I am not willing to pay £135. Any help preparing a defence and witness statements or advice would be greatly appreciated.

Many thanks

fisherjim

But surely this is not relevant land, owned by the London Borough of Bexley, they cannot use ANPR how did this get this far?

In any case does the site still look like this there can be no contract formed with this lack of signage:

Coupon-mad

ishy2013 said:

Hello everyone, this forum has been fantastic. I have been able to follow the advice on the forum and successfully submitted a defence, AOC,... I have now received a letter from my local county court (dated 17/10/2024) with a proposed hearing date of 15th Jan 2025. I will need your help and advice with preparing a defence, witness statements, etc.
Civil Enforcement Limited sent me a 'Without Prejudice Save As to Costs' letter dated 25/10/2024. It states: The claim is currently outstanding at £269.35. Further to the overriding objective that the parties should try to reach settlement of te claim before the trial hearing, we are willing to settle this claim for the sum of £135, which is the original sum of £100 offered when when the PCN was first issued and the basic court fee of £35 for issuing this claim against you. This does not take into account considerable sums we have expended in seeking to recover the outstanding sum".

I am not willing to pay £135. Any help preparing a defence and witness statements or advice would be greatly appreciated.

Many thanks

You've already put in a defence and ignoring that standard letter from the litigator is already covered in the 'first 12 steps'.  You were following them.  Don't now abandon them. They are in the Template Defence thread to try to stop people from asking about the standard first letters and DQ and Mediation.  We aren't needed until witness statement stage.

ishy2013

@Coupon-mad thanks for your response. I am at the witness statement stage. Letter from the county court states the claim will be heard on 15th Jan at 10:00am. It also states I am required to deliver to the other party and to the court office copies of all document on which that party intends to relay at the hearing no later than fourteen days before the hearing. It also mentions witness statements.

Coupon-mad

Ah ... OK. Sorry, it sounded like the offer they usually make after a defence went in. My bad.

So go to the NEWBIES thread red capitals heading 'IMPORTANT: KNOW WHAT HAPPENS WHEN' and find the a-f list of suggested standard exhibits.

Then search the forum for NEWEST (never 'best match'...arrghhh)  search results for:

parking witness statement of truth

Gr1pr

So start drafting your witness statement ( not defence. ) plus your Exhibits, that will make up your bundle 

You have about 8 weeks to finalise it