Civil Enforcement Limited - Notice of Discontinuance N279

MrTheMask

I had a mandatory mediation scheduled for 19 September 2024. At 0900 on the same day, I received a call from the mediator informing me that Civil Enforcement Ltd would not be able to attend, and the mediation would simply be rescheduled.

I expressed to the mediator that this last-minute cancellation seemed inappropriate, especially since the company did not give the required 5 days’ notice. I requested that it be officially recorded as their failure to attend the mandatory mediation. However, the mediator told me they can just reschedule without any consequences.

Has anyone else encountered this? Is this normal, or should there be some accountability for such short-notice cancellations?

For reference, the new mediation date has been set for 1 October 2024, as per the email I received.

Coupon-mad

I'd mention it in your Witness Statement as part of their unreasonable conduct.

Le_Kirk

I posted this on another thread that @MrTheMask commented on. This might help others (there have been a couple in recent days where, despite the DQ stating unavailable, mediation has been arranged during a holiday!) I bet if the defendant tried to rearrange it would not be allowed.  One law for the claimants and no law for the defendant!

MrTheMask

Update:

I've just had my mandatory mediation call. What a joke!

I've only just found out that their whole claim is based on me having put in one letter wrong of my registration. Apparently I put a W instead of a V.

I had 3 calls from the mediator and the whole thing lasted about 8 minutes.

My defence at first thought for my day in court:

I see their position will be weakened by the fact that I have proof of payment for the parking and they suffered no loss. The court should consider my intent and context, as I can demonstrate that I paid for the parking despite the minor error in the registration.

Here are some points that might work my your favour:

1. Proof of Payment: Emphasizing that I paid for the parking should show that I fulfilled my obligation, regardless of the registration error.

2. Minor Error: A single letter mistake in the registration may be seen as a minor clerical error, especially as there’s no evidence that the error caused any loss.

3. Proportionality: A court might view a £275 charge for a minor error as excessive, particularly as I can show that my payment was made in good faith.

4. Intent: My intent to comply with parking regulations can be highlighted. As I acted in good faith, that’s an important factor.

5. Legal Precedents: This is not going to court. Could you imagine them standing in front a judge and saying that I put in the wrong reg by one letter, then fine me for this despite the proof that I paid and they suffered no loss.

Fruitcake

CEL are BPA members.
The BPA CoP requires it's members to cancel/not issue a charge for a simple typo (one digit incorrect), or offer a reduction to £20 for a major typo (more than one digit incorrect/VRM of another household vehicle etcetera).

In addition, if the PPCs used typo-proof machines where ANPR scamera systems are linked to pay machines, which have existed for many a year, a warning that the motorist had entered an incorrect digit would have been given. 

If the claim is based on a single digit typo, then failing to cancel is a BPA CoP failure.
In legal terms it is also "de minis", something of minor import or insignificant significance.

kryten3000

Le_Kirk said:

I posted this on another thread that @MrTheMask commented on. This might help others (there have been a couple in recent days where, despite the DQ stating unavailable, mediation has been arranged during a holiday!) I bet if the defendant tried to rearrange it would not be allowed.  One law for the claimants and no law for the defendant!

TIL that you can nominate a trusted representative to attend the mediation call on your behalf.  This seems to be a new thing, form EX750 is required which I cannot find published anywhere but is dated May 2024.  It seems to be something you need to arrange directly with the mediation team.

In related news, 2 of my Defendants have settled with DCB Legal at mediation for just £30 each.  Both are happy with this outcome, paying 1/10th of the original claim for peace of mind that their ordeal is over.

Coupon-mad

That is worth knowing.  £30 to settle a PCN is less than they'd have paid on day one.

MrTheMask

How long do I wait now?

My MCOL has been updated to: Your claim was transferred to PORTSMOUTH on 02/10/2024

Is there a time limit on how long they have to complete the next stage?

Gr1pr

No, Portsmouth county court will send you a letter containing directions in due course, depending how busy they are 

I would suspect that any deadlines will be next year, bundle deadline, hearing date etc

The CNBC and MCOL have no further involvement, so that MCOL claim history wont alter from now on, its all down to your local court 

MrTheMask

Update

I now have a Preliminary Hearing for March 2025.

Does anyone have any advice of what happens next please.

Grizebeck

Yes what happens next is in the order received from the court 
Read it in full and follow it.