Claim against Civil Enforcement ltd

adi250

Good afternoon all

I'm sure this may have been answered before or someone has had similar experience that I have but has anybody made a counter claim against Civil Enforcement Ltd for a parking charge?

To give context on my situation I parked at a restaurant owned carpark logged my reg with the restaurant and lo behold I have a pcn from CEL I have been disputing this for 2 years sent them proof of me in the restaurant sent them a bank statement with the date on and they still chose to take me to court for non payment. 

They issued and served a claim form to me I filed a defence and counterclaim for 2k for stress and harassment for 2 years and I've paid the counterfee claim too and today submitted a witness statement as well. so just waiting on court to give direction and a hearing date basically

I written to cel prior to commencement of legal proceedings telling them In writing my part 36 offer to settle this for 1000 but they ignored as I thought they would and since withdrawn the offer and made the counterclaim at 2k

Long story short has anyone succeeded in their counterclaim (if anyone made one) and how did it go at court?

nopcns

If they've called your bluff to sue them for £1,000 then why have you not sued them? On what basis are you going to counterclaim? 

adi250

Basically I made them the offer to settle me instead for 1k but because they commenced legal action against me I can't then make a separate claim against them so instead filed a defence to their claim and made a counterclaim of my own for 2k due to the stress and inconvenience they have caused me as I've sent them proof enough times I was allowed to park there 

Coupon-mad

You've asked us very late.  You've already sent your WS.

You could have used the case of Simon Clay v CEL; he sued them (arguing abuse of his DVLA data, contrary to the DPA) but only got £250.  The transcript is easy to find by searching the forum.  

There was also a successful counterclaim re harassment in VCS v Ferguson.  I think he got a grand or so.  That's also kicking around here.

You could attach those to your skeleton argument that you need to file & serve.  Plus the lead case re debt harassment: Ferguson v British Gas.

Good luck. Unless you've pleaded it well in law, don't be surprised if it is struck out.

adi250

Thank you for that I'll bear those cases in mind when the discussion of my counter claim arises in court as part of my submissions against them. Hopefully they don't show up and judgment settles in my favour then I'll be knocing on their door for payment as they are not far from me either

nopcns

Whilst "they" may not show up, "they" are likely to send an advocate on their behalf. What evidence have you provided in your counterclaim to support it?

You should be aware that there is a possibility of being liable for additional costs if you lose the counterclaim. Pursuing a claim which was always bound to fail can be considered unreasonable behaviour if their advocate can persuade the judge that that was always the case with the counterclaim.

adi250

I understand they may send a rep in their place usually a barrister working on a fixed fee or probably around £150 who may even try and settle me out on the door (i deal with the civil courts and know their procedures already) In the counterclaim i have pleaded the harassment and constant replying and chaser causing undue stress. I've already sent the court proof I was not illegally parked so and alleged their conduct and mannerism to be aggressive and disrespectful and also intending to waste courts time as per the CPR ruling. 

adi250

Just wanted to know from anyone if they have had any success in making the counterclaim against them to be honest that is all to be honest As mentioned I do work in law and very familiar with the CPR and do's and don'ts when dealing with the courts. The courts have written to me with the DQ which i have filed. The claimant has 14 days' from the 20/03 to file a defence to my counterclaim failing which i will be requesting a default in judgement and if they ask to set this aside be sure I will be requesting they agree to a wasted costs order for the sum of £500.00 to set aside the default judgement. 

nopcns

Fair enough. However, playing devils advocate... how have you pleaded the "harassment and constant replying and chaser causing undue stress"? What statutory Acts has the PPC breached? What evidence do you have of "undue stress"?

Aggressive letters before action or whilst trying to narrow the cause or won’t necessarily be considered unreasonable behaviour and the bar is set quite high for you to prove as much.

Coupon-mad

adi250 said:

Just wanted to know from anyone if they have had any success in making the counterclaim against them to be honest that is all to be honest As mentioned I do work in law and very familiar with the CPR and do's and don'ts when dealing with the courts. The courts have written to me with the DQ which i have filed. The claimant has 14 days' from the 20/03 to file a defence to my counterclaim failing which i will be requesting a default in judgement and if they ask to set this aside be sure I will be requesting they agree to a wasted costs order for the sum of £500.00 to set aside the default judgement. 

Yes, I recall successful counterclaims by 

@ellaro9

@Nosy

Umkomaas

adi250 said:

Thank you for that I'll bear those cases in mind when the discussion of my counter claim arises in court as part of my submissions against them. Hopefully they don't show up and judgment settles in my favour then I'll be knocing on their door for payment as they are not far from me either

If you're talking about Horton House, Exchange Flags, Liverpool, you'll be disappointed - it's a Mail Drop address. CEL are Will-o'-the-wisp operators.  Their legal make up is smoke and mirrors, reportedly operating through a number of shell companies, some with overseas connections.

https://find-and-update.company-information.service.gov.uk/company/05645677

Even their BPA membership shows a confusion of linked/t/as companies (Civil Enforcement Limited also t/as Starpark & Creative Car Park & Parksolve).