Civil Enforcement Legal Court Claim

Jammin1

Coupon-mad said:

At last!  They've said it is not them.  So they can't contact CEL to cancel.  Costa have helped: you know who has the contract now.

I just googled the place and in five seconds found their website including 'About Us' and 'Contact Us'. Do the same.

Ok so I did this and they have also told me they can't help. See the response: 

Unfortunately, there is nothing that we can do to help you here.

Whilst Costa Coffee and Miller and Carter have car parking enforcement at Milton Gate, neither CBRE nor our clients have any control over these sites as they belong to others. We only deal with the estate road.

I am afraid therefore that you need to take this up with Costa as they appoint the contractors and between them, they decide on the parking restrictions. I would imagine that there are signs indicating that parking is limited to a given period. Unfortunately, the contractors will take no instructions form us as we have no jurisdiction over the site.

I wish you luck I what further action you take.

Paul Turton
Head of Property and Estate Management, Milton Park

I'm a bit confused by their response because they're saying they have no jurisdiction and are sending me back to Costa. What do I do now?

KeithP

Jammin1 said:
Unfortunately, the contractors will take no instructions form us as we have no jurisdiction over the site.
Paul Turton

Head of Property and Estate Management, Milton Park

So the 'Head of Property and Estate Management' has 'no jurisdiction over the site'.

Do you believe that?

Jammin1

KeithP said:

Jammin1 said:
Unfortunately, the contractors will take no instructions form us as we have no jurisdiction over the site.
Paul Turton

Head of Property and Estate Management, Milton Park

So the 'Head of Property and Estate Management' has 'no jurisdiction over the site'.

Do you believe that?

No. I responded pushing back on this and they sent the following response:

As I said before CBRE only manage the estate roads at Milton Gate. The plot occupied by Costa Coffee is owned by H.C. Jones & Co (Surrey) Limited and they let the space to Costa. Costa will be able to confirm that this is who they pay their rent to and hopefully they will have a contact number.

So now I've sent an email to H.C Jones & Co and we'll see where we get

Gr1pr

I dont understand why they couldn't or didn't provide all this information in their reply the other day, instead of fobbing you off , but at least you are on the right track in getting to the people who employed CEL as a contractor 

Jammin1

Update- I'm finding it impossible to find out who contracts CEL. Costa Coffee said they didn't, they said they're tenants of Milton Park. Milton Park said they didn't contract CEL, and gave me the details of the landowner which is H.C. Jones & Co (Surrey) Limited. H.C. Jones & Co have been extremely unhelpful, sometimes ignoring my emails, or responding to my emails just telling me they can't help without answering any of my questions. Eventually, they told me that they don't contract CEL and they don't know who does. So I'm a bit stuck with Plan A.

Regarding the defence, it's due tomorrow, so I plan to submit today. 

Coupon-mad

OK well you will see later on because CEL will have to show it in their WS bundle. 

Jammin1

Hello. we've got the witness statement from CEL. They have attached a confirmation of authority which lists 'Costa Ltd' as the land controller. This directly contradicts what Costa have told us. I'll try again with Costa with this new information, but not sure how far we'll get given how close we are to the court date. We also need to submit a witness statement by the 7th October. Any suggestions for what to put in the WS? It seems like a relatively straightforward case. As a reminder we were visiting as patrons of Costa and may have slightly lost track of time while we were there. The car park provides 2 hours free parking and apparently the camera clocked the in the car park for 2 hours 18 minutes. Any help is greatly appreciated los

Coupon-mad

Look at recent WS such as the one by @Defendant911

And read today's thread by @Castle

Does the copy of the NTK have the £100 on it? We had one last week where CEL put in one where the £ was blank.

Gr1pr

Check who signed the claim form too, was it S Wilson ?  Or did it have the full name ?

If unsure, post a picture of the signature area, unredacted. ( But not the whole claim form. )

A recent case of theirs was lost, partly due to the incorrect signature, as reported on here yesterday 

https://forums.moneysavingexpert.com/discussion/6557242/civil-enforcement-ordered-to-pay-costs-of-1-280-65-after-poc-failures#latest

Plus woeful POC etc

LDast

You want to throw that Confirmation of Authority back at Costa and ask why they were being mendacious. Get your local press interested in how they lie and don't care that their customers are fleeced.

You need to see the actual contract too. Who is Amanda Walsh? What is her position in Costa and is she authorised to sign agreements on behalf of the company. Also, why is there a different date below her signature and the date on the document? How long is the agreement valid?