CEL DCB Legal court claim

Fruitcake

It would have been useful to know this was at LOC/LBC stage at the beginning of the thread. Please do not withhold information or drip-feed it if you want the regulars to help.

How did CEL know the identity of the driver? This could have been killed at the PoPLA stage by the keeper.

If a response has been made to the LOC, then the defendant needs to start preparing to defend a claim. They should start by reading the guide to court written by bargepole they will find in the sticky Announcement for NEWBIES in conjunction with the template defence sticky Announcement that includes a 95% written defence and a twelve step guide to follow.

The defendant will then need to complete the remaining 5% themselves, but this will depend what is included in the claim when it arrives. 
This may include inadequate particulars of claim, or non-PoFA complaint NTK (but only if the driver's identity has not been revealed to CEL), and the location given on the claim form is not that of the car park. This is guesswork at the moment.

If/when a claim form arrives, please post the particulars of claim, but ensure all personal data is redacted.

muj123

Fruitcake said:

It would have been useful to know this was at LOC/LBC stage at the beginning of the thread. Please do not withhold information or drip-feed it if you want the regulars to help.

How did CEL know the identity of the driver? This could have been killed at the PoPLA stage by the keeper.

If a response has been made to the LOC, then the defendant needs to start preparing to defend a claim. They should start by reading the guide to court written by bargepole they will find in the sticky Announcement for NEWBIES in conjunction with the template defence sticky Announcement that includes a 95% written defence and a twelve step guide to follow.

The defendant will then need to complete the remaining 5% themselves, but this will depend what is included in the claim when it arrives. 
This may include inadequate particulars of claim, or non-PoFA complaint NTK (but only if the driver's identity has not been revealed to CEL), and the location given on the claim form is not that of the car park. This is guesswork at the moment.

If/when a claim form arrives, please post the particulars of claim, but ensure all personal data is redacted.

Thanks you sorry about not posting the letter before claim, I didn't identify the driver I was saying in the letters "the driver". 

The letter I received on https://forums.moneysavingexpert.com/discussion/comment/80801370/#Comment_80801370

Was after the letter I sent, should I wait for another letter?

Coupon-mad

No.

You have a LBC, so email to CEL what the NEWBIES thread tells you to send at LBC stage.  Let's get this back on track.

I am sorry to say that first contact was a 'legal nonsense', they were right!

Where in earth did the sender find that excruciating bit about the Bills of Exchange Act and sending an invoice?  Drop that stuff from now on.

Read the 2nd post of the NEWBIES thread.

muj123

Coupon-mad said:

No.

You have a LBC, so email to CEL what the NEWBIES thread tells you to send at LBC stage.  Let's get this back on track.

I am sorry to say that first contact was a 'legal nonsense', they were right!

Where in earth did the sender find that excruciating bit about the Bills of Exchange Act and sending an invoice?  Drop that stuff from now on.

Read the 2nd post of the NEWBIES thread.

So I just send this one:

Dear Sirs,

Your Ref. ############
Proposed Legal Proceedings
Claimant: xxxxxx xxxxxxxx Ltd

I refer to your your letter of claim.

I confirm that my address for service for the time being - assuming you don't faff about and delay any claim - is as follows, and any older address must be erased from your records:
[Correct address here]

The alleged debt is disputed and any court proceedings will be vigorously defended.

I am sourcing and seeking independent debt advice and as such, I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').

I note that the amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists".

Don't send me your usual blather about that.
I have two questions, and under the PAP I am entitled to specific answers:

1. Am I to understand that the additional £70 represents what you lot dress up as a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

2. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

Yours faithfully

LDast

Please tell us that you are sending that by email and not handwriting it and sending it off by post. Also, do not fill in ANY of the forms that were sent wth the LoC.

Fruitcake

muj123 said:

Fruitcake said:

It would have been useful to know this was at LOC/LBC stage at the beginning of the thread. Please do not withhold information or drip-feed it if you want the regulars to help.

How did CEL know the identity of the driver? This could have been killed at the PoPLA stage by the keeper.

If a response has been made to the LOC, then the defendant needs to start preparing to defend a claim. They should start by reading the guide to court written by bargepole they will find in the sticky Announcement for NEWBIES in conjunction with the template defence sticky Announcement that includes a 95% written defence and a twelve step guide to follow.

The defendant will then need to complete the remaining 5% themselves, but this will depend what is included in the claim when it arrives. 
This may include inadequate particulars of claim, or non-PoFA complaint NTK (but only if the driver's identity has not been revealed to CEL), and the location given on the claim form is not that of the car park. This is guesswork at the moment.

If/when a claim form arrives, please post the particulars of claim, but ensure all personal data is redacted.

Thanks you sorry about not posting the letter before claim, I didn't identify the driver I was saying in the letters "the driver". 

The letter I received on https://forums.moneysavingexpert.com/discussion/comment/80801370/#Comment_80801370

Was after the letter I sent, should I wait for another letter?

Good. That means the LBC was sent to the keeper, not the driver. As far as the law is concerned they are two completely separate entities. That should give the keeper an additional defence point about the NTK not being PoFA compliant. It is imperative therefore that the driver sits on their hands in the corner and does and says nothing. They are not involved in the proceedings.

The keeper must be the one who sends the rebuttal to the LBC/LOC, and must be the one who defends the claim.

muj123

Fruitcake said:

muj123 said:

Fruitcake said:

It would have been useful to know this was at LOC/LBC stage at the beginning of the thread. Please do not withhold information or drip-feed it if you want the regulars to help.

How did CEL know the identity of the driver? This could have been killed at the PoPLA stage by the keeper.

If a response has been made to the LOC, then the defendant needs to start preparing to defend a claim. They should start by reading the guide to court written by bargepole they will find in the sticky Announcement for NEWBIES in conjunction with the template defence sticky Announcement that includes a 95% written defence and a twelve step guide to follow.

The defendant will then need to complete the remaining 5% themselves, but this will depend what is included in the claim when it arrives. 
This may include inadequate particulars of claim, or non-PoFA complaint NTK (but only if the driver's identity has not been revealed to CEL), and the location given on the claim form is not that of the car park. This is guesswork at the moment.

If/when a claim form arrives, please post the particulars of claim, but ensure all personal data is redacted.

Thanks you sorry about not posting the letter before claim, I didn't identify the driver I was saying in the letters "the driver". 

The letter I received on https://forums.moneysavingexpert.com/discussion/comment/80801370/#Comment_80801370

Was after the letter I sent, should I wait for another letter?

Good. That means the LBC was sent to the keeper, not the driver. As far as the law is concerned they are two completely separate entities. That should give the keeper an additional defence point about the NTK not being PoFA compliant. It is imperative therefore that the driver sits on their hands in the corner and does and says nothing. They are not involved in the proceedings.

The keeper must be the one who sends the rebuttal to the LBC/LOC, and must be the one who defends the claim.

Sent the above letter on their appeal submission 

Kej12345

I have just received a civil enforcement parking fine - I prepaid parking at a train station the night before my arrival. The web gave me one consistent company called Accpo… as the parking at the station.  The following day  we went, parked and had our day out.  Earlier this week I got a fine from civil enforcement - non payment of parking,  I responded immediately with the email receipt as as far as I was concerned I had!  Appeal thing rejected…. in this letter they show me the ringo signs that were there as I entered the car park.,  I genuinely did not know there were two separate operators on this side/ side by side. So I have parked in the wrong side.  I wasn’t looking for a second car park / my first time parking there! 

What do I do now… I have 7 days to appeal the rejection of my evidence… 

Coupon-mad

Please delete the above post when you can.

This isn't your thread. 

muj123

Got this in the post