Civil Enforcement fine - claim in for money Civil National Business Centre defense

Pickle2021

 

Please could someone help me with a defense against civil enforcement parking fine or recommend anyone who can help.

I parked in a free carpark with a 3 hour limit in November 2022. As you can see from the letter the ANPR has picked me up coming out of the carpark 15 minutes late. 

I went to a retail park to do some Christmas shopping after the school run and had my 4 month and 2 day old baby with me who was exclusively breastfed at the time. Towards the end of my shopping trip she was inconsolable so I tried to find somewhere suitable to feed her, couldn't find anywhere so went back to the car and fed her there. I cannot predict how long or short a feed would be especially at newborn age it could vary from 15-60 minutes. In doing so I was obviously 15 mins over the 3 hour limit without realising. I did appeal this via popla and I stupidly I forgot about the appeal and didn't hear any more from the company, so naturally fell off my radar. I'm unsure if this puts me at a disadvantage. 
I have now received the attached letter.

I have tired to look up various other forums but cannot wrap my head around the legal jargon.
I feel very stressed and intimidated by the whole process it also doesn't help that I am currently 32 weeks pregnant. 

I have today completed an acknowledgment of service online and have another 14 days to submit my defense. 

I appreciate any help, thank you.

TheSecretSocialist

https://forums.moneysavingexpert.com/discussion/6463813/ccc-civil-enforcement-ltd-defence-cel-discontinued-another-one-bites-the-dust/p1

I've just been through a very similar situation. I found out yesterday that Civil Enforcement Ltd discontinued their claim in April. 

Follow the advice you get on this board and I predict a similar outcome for you. Just make sure you hit any deadlines, because I can almost guarantee Civil Enforcement Ltd won't. 

KeithP

Pickle2021 said:

I have today completed an acknowledgment of service online and have another 14 days to submit my defense. 

With a Claim Issue Date of 22nd April, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 28th May 2024 to file your Defence.

That's over two 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 at the second post in the NEWBIES thread.

Don't miss the deadline 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'.

Coupon-mad

Trad other CEL defences recently that include the point that the Payment due date is calculated prematurely.

Those ones already include everything including CEL v Chan.  So you will only need to change paragraph 5.

Pickle2021

I have sent of my defence as per the instructions on the post linked.
I emailed it to correct email address I received an automated response:

Thank you for emailing Claim Response Team in the Civil National Business Centre. Please expect a response to your enquiry in 10 days. 

It has been 19 days, I have not received any other emails. Is this automated reply enough to confirm they have received my defence?

Could it not have been accepted for any reason?

KeithP

What does it say in your Claim History when you login to MCOL?

Anyway, you have proof it was sent in your email sent folder, and an email receipt was received by return.

Did your Defence include the CEL v Chan wording?

Pickle2021

Thank you, I didn't realise I could check on MCOL. It states it was received on 30th May.

LDast

Another CEL false statement of truth. Interest on £170 (should be only on £100) at 8% flat rate per year from due date (false) 17/12/2022 to 19/04/2024 = 489 days (1.339 years) should come to £18.21. That proves that the Statement of Truth is nothing but that. In reality, it should only  be on the original £100 charge which would only be £10.71.

The claimant's actions constitute an abuse of process and breach several Civil Procedure Rules (CPRs):

• CPR 1.1 - The Overriding Objective: The claimant's actions do not promote fairness or proportionality.
• CPR 3.4(2) - Striking Out a Statement of Case: The inclusion of the unjustified charge amounts to an abuse of the court's process.
• CPR 22.1 - Statements of Truth: The inflated claim is a breach of the requirement for accuracy in statements of truth.

Pickle2021

Yes I included CEL v CHAN in my defence.

KeithP said:

What does it say in your Claim History when you login to MCOL?

Anyway, you have proof it was sent in your email sent folder, and an email receipt was received by return.

Did your Defence include the CEL v Chan wording?