Over stayed by six minutes, seems unfair but do I have grounds? Civil Enforcement PCN

itgoodson

Ok I'll try and get this submitted today.

Can anyone confirm whether I have the correct defence template please?

Coupon-mad

itgoodson said:

And, that is really all my MiL needs to say, that she wasn't the driver and she told the claimant that? It's really that simple? 

I need to get it doubly right as I'll give my MiL a heart attack if it's gets much worse! She's at an age where words like 'court' will send her over the edge.

Why? I'm a woman over 60. Why would defending a claim cause such a reaction? It's easier than appealing and CEL are likely to fold before any hearing.

You can take the Mediation call for her. Don't let MIL start getting stressed and offering money!

itgoodson

Just the sight of the letter through the door is enough 😂. She's mid 70s now. But yes I want to fight it, scam artists.

Anyway... I hope I'm using the right defence?!

Le_Kirk

itgoodson said:

Just the sight of the letter through the door is enough 😂. She's mid 70s now. 

So are some of us who regularly contribute to the forum!

Coupon-mad

itgoodson said:

Just the sight of the letter through the door is enough 😂. She's mid 70s now. But yes I want to fight it, scam artists.

Anyway... I hope I'm using the right defence?!

Dunno. I've been on holiday but I did tweak the template even last week. Use that (don't repeat it here asking if it's 'the right one' ... spare us!).

Why not also change her service address - for this case - to yours instead? Stop the letters coming to her. Handle them for her. Easy to change by email ... from her of course, not you, a stranger to the case.

Le_Kirk

That is the correct defence you are using but you could/should add Chan & Akande as the POC are sparse, that is also shown in the template defence.

itgoodson

**OP update - advice appreciated.**

Summary of situation:

• My wife borrowed her mum's car and overstayed by five minutes in car park. PCN arrives to MiL address
• We want to contest (signage unlit)
• We tell Civil Enforcement that it was my wife who was driving. Correspondence from CE then comes to us
• But further on, letter regarding court proceedings goes to MiL address! MiL is panicking about it and wants it paid for and done with. We encourage her to contest
• Advice via this forum is to contest on the basis that MiL told CE that she was not the driver. MiL lodges appeal.

And then today this paperwork arrives from Civil Enforcement to my mother-in-law's address despite her telling them that she was not the driver.

So now she's panicking again and wants it all done with...

CE's letter is saying - guess what - we're back to the original £60 charge if paid within 14 days!

So my Q's:

1. Am I right to think they have seen the appeal, know they are likely to lose, and are trying a last ditch attempt to frighten MiL to pay something??? Or do they not think that deeply about it?
2. The main thing is getting all correspondence sent to our address, not MiL's - CE and from the court. How can we do that? 

Coupon-mad

It's just the usual Witness Statement from Scott Wilson. The Defendant can't be changed now if MIL is the named Defendant in the case.

Yours is the fourth thread today with that same template WS. One has a picture (we don't need to see it again!). Read the other three.

Has MIL got a hearing date then?

What's her deadline to do her WS and evidence?

• Advice via this forum is to contest on the basis that MiL told CE that she was not the driver. MiL lodges appeal.

She didn't lodge an appeal. She is defending a court claim. This is not something that can be transferred to the driver now and our advice was/is correct and MIL continues with the process as advised.

Did she not change her address for service to yours, like I suggested?

itgoodson

Thanks for the helpful reply Coupon-mad. I'm under big pressure from wife and MiL to pay these people what they want! 😂

No hearing date yet. (After that is presumably when the Witness Statement is required).

Forgive me, defending a court claim not an appeal 👍

We tried to change the address for service, but couldn't work out how to do it. Any pointers? I can dig around online alternatively 

Gr1pr

If the claim is still with the CNBC in Northampton,  email claim progression to change the address 

There is a list of email addresses in the defence template thread in announcements,  first post  !

But login to MCOL first and see if its been transferred or not,  checking the claim history 

But if they transferred it to the court the defendant nominated on the N180 DQ document,  use Courtfinder to get their details and contact them ASAP,  just in case they sent anything to a different address 

Plus email the dpo at the legal company if used, and copy in the dpo at the parking company too, regardless 

Your task is to find out who has the case and what stage it's at right now,  chances are that it's with your local civil court,  and because CEL sent their WS, the defendants WS is also due