Court summons for civil enforcement ltd

eits88 · 4 July 2017 at 8:46PM

I sent my defence by email and received an automated response to say it was received. Today I called and they confirmed receipt. I checked MCOL and it now shows "defence received".

Can those who know please tell me how long approximately from this stage does the anything happen? When does the questionnaire arrive?

Many thanks in advance.

Coupon-mad · 4 July 2017 at 8:54PM

Maybe in a month, going by other cases at the mo.

eits88 · 7 July 2017 at 1:36PM

Got a letter today to say my defence was officially received and placed on file. It will be sent to. Claimant and they then have 28 days to take it further otherwise it will be classed as "stayed" and thereafter they need to apply to the court to remove the stay. Will keep you posted!

Bemused14 · 7 July 2017 at 4:17PM

how to start a new thread? please excuse my ignorance and i am thankful for everyone's help here

eits88 · 1 August 2017 at 9:23AM

Hi again, it's almost a month since I sent in my defence, I've heard nothing from them since. Do you think that's the end of it? On the confirmation letter from the court, it says they have 28 days to respond to my defence otherwise it's a "stay". Shoud I still expect the questionnaire?

Fruitcake · 1 August 2017 at 9:30AM

eits88 wrote: »

Hi again, it's almost a month since I sent in my defence, I've heard nothing from them since. Do you think that's the end of it? On the confirmation letter from the court, it says they have 28 days to respond to my defence otherwise it's a "stay". Shoud I still expect the questionnaire?

The best thing is probably to contact the court and ask what is happening as you have heard nothing.

If the scammers haven't responded to the court, you could ask to have the case struck out due to their unreasonable behaviour, or better still, start a DPA counterclaim and make yourself a few hundred quid.

eits88 · 1 August 2017 at 3:48PM

Thanks for your reply, Fruitcake. I will indeed call and ask the court. However they haven't updated the mco portal to that effect...

I like the idea of a counter claim. On what basis though? As in, the stress and anxiety they have caused me? Also, by doing so, am I pushing my luck or would that not encourage them to pile back in?

Otherwise I'm happy to do that, would you be able to outline the procedure?

Best,
88

Lamilad · 1 August 2017 at 7:46PM

eits88 wrote: »

Hi again, it's almost a month since I sent in my defence, I've heard nothing from them since. Do you think that's the end of it? On the confirmation letter from the court, it says they have 28 days to respond to my defence otherwise it's a "stay". Shoud I still expect the questionnaire?

This is what CEL do. They issue a court claim hoping to frighten some poor sucker into paying their outrageous charge. Then when said "sucker" decides to stand up and fight they run a mile, knowing full well they won't win, leaving the claim to be "stayed"

Unfortunately a stayed claim can be resurrected by them paying the £100 fee but I've never heard of CEL doing this.

As advised it's worth writing to the court requesting the claim be struck out for their unreasonable behaviour, pointing out that they do this all the time and you believe such behaviour is that of a 'vexatious litigant'

There haven't been many successful DPA claims against PPCs to date, but it's up to you if you want to give it a shot and are prepared to put the work in.

Umkomaas · 1 August 2017 at 8:46PM

I like the idea of a counter claim. On what basis though? As in, the stress and anxiety they have caused me?

If you now want to turn the tables you could sue them for misuse of your data under the DPA. It's not for the faint-hearted or for those who think it's an easy run, assuming the forums will do most of the work - they won't. If you're prepared to put your back into this, the following will hopefully assist you.

DATA PROTECTION ACT GUIDANCE

First and foremost, please read thoroughly this extensive guidance put together by MSE poster Timothea. This will give you the background and conditions for you to consider and determine whether you might have a case to pursue.

http://forums.moneysavingexpert.com/showthread.php?t=5585388

Other Sources

http://www.parkingcowboys.co.uk/data-protection-act

Some apposite blogs from the Parking Prankster:

http://parking-prankster.blogspot.co.uk/2017/07/parking-awareness-services-to-pay-400.html#comment-form

http://parking-prankster.blogspot.co.uk/2016/12/liverpool-business-park-motorist-wins.html

http://parking-prankster.blogspot.co.uk/2016/11/smart-parking-settle-out-of-court-for.html

Latter part of this blog:

http://parking-prankster.blogspot.co.uk/2016/12/heath-parade-graham-park-way-scam-site.html

On PePiPoo, regular contributor 'Lynnzer' seems to be taking a lead in pushing for the pursuit of DPA breaches by PPCs. He has written a number of well constructed Letters Before Claim requiring the PPC to pay the motorist between £250 and £750 as compensation for the stress they have been put under by the PPC, or risk the matter resulting in a formal claim at the Small Claims Court. .

http://www.thebridesmother.co.uk/Media/Templates.pdf

http://forums.pepipoo.com/index.php?act=SF&s=&f=60

LETTER BEFORE COUNTY COURT CLAIM

Drafted by Bargepole 05/02/2017

http://forums.moneysavingexpert.com/showpost.php?p=72049019&postcount=18

eits88 · 1 August 2017 at 10:12PM

Thanks for your message, Umkomaas. I wouldn't expect it to be laid out on my behalf but after reading most of what you've posted above, I conclude that this is not for me - I wouldn't be able to articulate my case in the best possible way for me to persue the matter.

I think I'd just be happy at this stage to have successfuly defended this totally insane penalty charge from this scammy company.

If I do indeed manage to stop them in their muddy tracks, that would be plenty for me.

I will call the court after the 28 days have passed.

Final question, how do I apply for a strike out? Is there a form, or just send in a letter?

Best,
88

Court summons for civil enforcement ltd

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