Civil Enforcement Ltd – mediation failed / 2 alleged overstays – what would you do?

buddhasavi

Hi everyone,

I have two separate claims from Civil Enforcement Ltd (CEL) relating to alleged overstays in a car park.

I was a genuine customer of the business/gym at the time. CEL are claiming approximately £220 for each claim (£440 total).

I've now been through mediation after following all 12 steps so far

The mediator seemed to think CEL had a strong case and mentioned that the parking machine was recorded as being working on the relevant days. I explained that I dispute liability.

My initial settlement position was £0, but during mediation I increased this to £20 per claim (£40 total) as a genuine attempt to settle. CEL are seeking £220 per claim.

I'm now wondering what experienced MSE parking experts would do if CEL reject the £20-per-claim offer and mediation fails.

My questions are:

1. Has anyone here had a CEL claim where mediation failed and it subsequently went to a court hearing?
2. Has anyone successfully defended a CEL claim involving an alleged overstay?
3. If CEL reject £20 each and counter with something like £100 each, would you settle or continue to court?
4. How seriously should I take the mediator's apparent view that CEL would probably win?
5. If mediation fails, what should I concentrate on preparing for the court stage?

I'm not looking for someone to simply tell me to pay — I'd really appreciate advice from people who have actually dealt with CEL claims through to the court stage.

Thanks.

Car1980

I can't remember the last Civil Enforcement case that went to a hearing. They discontinue nowadays.

Ignore the mediator. They are not legally trained and simply work on the basis that the defendant always owes the money and it's only about coming to a compromise number. It's more like a mafia sitdown and was only introduced to try and cut the workload for judges by reducing the number of hearings.

Just stay on the path.

What defence did you put in?

buddhasavi

Thanks for your replay, i used the generic one that includes the chan case plus, they have offered 100 for each one now

buddhasavi

So mediation ended with £85 offer for each one and them saying they have a really good case but i believe I have a really good case too as the machines were down ? frozen / not working and have evidence I was there, I rejected due to this.

Gr1pr

Just keep following the steps and process

They have to pay 2 hearing fees if its 2 separate claims with no consolidation, no payments equals no hearings

What the mediator said or thought is irrelevant

The fact that they came down below the original pcn charge shows that they were wobbling whilst sitting on the fence

Are they in-house claims ? CEL only. ? Or are DCB Legal involved as middlemen. ?

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82125333#Comment_82125333

Who offered £85?!

Hopefully not you because you'll pay nothing! They WILL discontinue you know.

" I'd really appreciate advice from people who have actually dealt with CEL claims through to the court stage."

Yep I have done thousands of cases on here AND I have beaten CEL in front of judges (every time) at actual hearings when they used to attend, but that was before Scott Wilson left them last year.

Now they discontinue before hearings.

"How seriously should I take the mediator's apparent view that CEL would probably win?"

Complain to the Court Mediation service if he actually said that! It is laughable and highly misleading for a supposedly neutral Mediator to tell defendants that parking firms will likely win. Put in a complaint.

He lied.

Their claims are appallingly weak and they don't reach hearings, so that is untrue.

buddhasavi

Hi, no they came down to £85 on both tickets and I said no, I am following the process to the letter haha, hopefully discontinue before court

Gr1pr

https://forums.moneysavingexpert.com/discussion/comment/82128261#Comment_82128261

Not quite, its definitely going to court, your local civil court that you nominated in your N180 DQ document previously ( its a court claim, so the final destination is court , your local civil court. )

The actual wording would be

I am following the process to the letter haha, hopefully discontinue before the hearing fee is due to be paid