Claim form received from civil enforcement LTD

Bobbob5655

Hi

Any help would be greatly appreciated, I have just received a fake looking claim letter from county court but have verified it’s real. The fine has amounted to nearly £300 for 213minutes of parking in a pub which I was a paying patron but paid cash so real evidence. Apart from my friend I went with which can provide a witness statement. When I first received the ‘invoice’ back in 2022 I did reach out to the pub to see if they could help with my situation but I was told they cannot help me as I have no evidence of being there. I then chose to ignore any more letters from CEL or affiliates as friends and family advised me to do so (foolish in hindsight) in this time I have moved house and recently received one more letter from CEL then this claim letter I plan to create a defence as I am not letting these bullies get away with this! Everyone is struggling at the moment including myself, £278.36 is an extortionate amount of money. I’m just wondering do I have a leg to stand on and if so can people help me out. I will post my defence draft once it is completed.

If my defence fails and I pay the fine with associated court fees will I receive a CCJ? 

Thanks in advance 

KeithP

Hello and welcome.

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.

You need to write to both the CNBC and the Claimant to ensure they have your current address for service.

Bobbob5655

I will complete Acknowledgment of service after work this evening. I assume they both have my current address as I have received letters from both of them to my new address. Do I have a leg to stand on defending this or shall I pay up and cut my losses and stop the stress ? Thanks again 

KeithP

Those Particulars are woefully inadequate.
They don't even say what the Defendant is alleged to have done wrong.

With a Claim Issue Date of 29th April, you have until Monday 20th May to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 3rd June 2024 to file your Defence.

That's almost four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

KeithP

Bobbob5655 said:

I assume they both have my current address as I have received letters from both of them to my new address.

You can assume that if you like, but there are some devious characters around who would like nothing better than for you to get a Judgment against you without your knowledge. An email to both - just the one email to both addressees - won't cost a lot.

Bobbob5655 said:

Do I have a leg to stand on defending this or shall I pay up and cut my losses and stop the stress ?

The first two lines of my earlier reply - here they are again...

KeithP said:

Those Particulars are woefully inadequate.
They don't even say what the Defendant is alleged to have done wrong.

...should ensure that the claim will get kicked firmly into touch.

Bobbob5655

Okay thanks Keith starting to put my mind at ease, will keep you updated just one question what should I include in my emails to CNNC & CEL? 

Bobbob5655

Here is the signage from the CP

Castle

There's a PCN reference still showing on the POC and
1) Was there a post code given on the POC for the location of the car park?

Bobbob5655

No post code on the POC, just the name of the pub which is a very generic English pub name.

Le_Kirk

Bobbob5655 said:

Okay thanks Keith starting to put my mind at ease, will keep you updated just one question what should I include in my emails to CNNC & CEL? 

Do you mean CNBC? You must tell them (or confirm) your address for service and if they hold any other address or data, it must be erased. In the case of CEL you send a Data Rectification Notice to the DPO.

Bobbob5655

Castle said:

There's a PCN reference still showing on the POC and
1) Was there a post code given on the POC for the location of the car park?

If the postcode of where the ‘offence’ has taken place isn’t on the POC how will this help me form a defence? Any help is greatly appreciated 

CoA has been logged no going back now.