Co-op / CEL Court claim

PompeyG · 11 July 2014 at 9:13PM

Hi all,

Have received Court papers from CEL today, issued from Northampton, relating to an alleged contract between me and the Co-op on 19th Sept 2012.

I have ignored all comms to date as I've read about before on here.

Have done a lot of reading on here, and read the Newbie thread.

A lot of the threads I have read specific to Co-op / CEL and these court claims they are now issue result in people getting advice via PM, so I'm looking for a couple of points of specific guidance.

Looking to tackle this on 2 fronts:

1) Who do you think is the best point of contact at the Co-op, branch / CEO? And are there some standard things I should be saying?

2) I don't want to rely on the Co-op bailing me out, so will acknowledge my intention to defend, but could do with any advice on the best defence to put up in these Co-op cases. e.g. Not being the driver, them proving their loss, free parking so no contract?

Any advice very gratefully received

Redx · 11 July 2014 at 10:01PM

best bet is to read the answers already given to dozens of similar threads in the last few months on here

search words are

co-op

coop

barnet

should find plenty of similar topics on this issue (even the parking prankster website had a blog on it a few months ago)

like this one using search word barnet

https://forums.moneysavingexpert.com/discussion/5006315

your thoughts are all correct on this, especially if it predates oct2012

4consumerrights · 11 July 2014 at 11:36PM

you must still acknowledge the claim form and submit your defence even if you are complaining to the Co-OP as you will run the risk of an automatic default judgment if you dont.

Edit

you will need to write your own complaint to the Co-OP

and likewise you will find plenty of help on and off forum once you have shown you are willing to help yourself.

Main thing - read all the threads and sticky at top including all links.

Acknowlege the claim form before 14 days from service have expired saying you will defend in full.

You are right they can only pursue the driver if known- as long as you were not... of course

PompeyG · 12 July 2014 at 12:08AM

Thanks for the replies.

I had read a quite a few Co-op threads but not seen the Barnet one, useful.

Yes will send the form off tomorrow and will definitely defend, that will buy me 28 days to try and get some reaction out of the Co-op.

Have been reading Pranksters guide and getting some points clear in my head for my defense.

Question - the systems used in these car parks, does anyone know if they literally log number plates. Would CEL be able to bring photographic evidence that could identify the driver?

I have a friend who is quite a senior Barrister, would love to unleash them on CEL in court

I won't be doing that, but it would be amusing!

The_Deep · 12 July 2014 at 3:26AM

Were you the driver, if so, have you told them?

If you were not the driver, and you do not have a criminal record as long as your arm, you do not have to do anything, you can ignore them with impunity.

If they were so unwise as to take you to court you swear on oath that you were not the driver, and the judge has little no alternative but to find for you, you come to court with clean hands, CEL do not.

Guys_Dad · 12 July 2014 at 8:50AM

The_Deep wrote: »

Were you the driver, if so, have you told them?

If you were not the driver, and you do not have a criminal record as long as your arm, you do not have to do anything, you can ignore them with impunity.

If they were so unwise as to take you to court you swear on oath that you were not the driver, and the judge has little no alternative but to find for you, you come to court with clean hands, CEL do not.

Safe advice if you are The Deep, risky if you are PompeyG.

Redx · 12 July 2014 at 9:18AM

he cannot ignore the court papers, he already has them !

Hot_Bring · 12 July 2014 at 9:27AM

The_Deep wrote: »

Were you the driver, if so, have you told them?

If you were not the driver, and you do not have a criminal record as long as your arm, you do not have to do anything, you can ignore them with impunity.

If they were so unwise as to take you to court you swear on oath that you were not the driver, and the judge has little no alternative but to find for you, you come to court with clean hands, CEL do not.

Are you seriously suggesting ignoring court papers ? Really ? :eek:

CEL do not have to prove who the driver was, they have to convince the judge that, on the balance of probabilities the driver was PompeyG. THAT is why court is such a lottery, one small slip in what has been written or is said in court and PompeyG might incriminate himself.

The_Deep · 12 July 2014 at 12:51PM

Oops, speed reading again.

Coupon-mad · 12 July 2014 at 9:38PM

PompeyG wrote: »

Question - the systems used in these car parks, does anyone know if they literally log number plates. Would CEL be able to bring photographic evidence that could identify the driver?

Nope they can't ID the driver - yes they JUST ID numberplates and not in a continuous stream:

http://parking-prankster.blogspot.co.uk/2014/02/how-parking-operators-use-anpr.html

PompeyG wrote: »

I have a friend who is quite a senior Barrister, would love to unleash them on CEL in court I won't be doing that, but it would be amusing!

No need, CEL will fold before a hearing; they are after weak victims and default wins from daft people who ignore them or pay them. We've seen LOADS of CEL court papers threads on 'pepipoo.com' forum and on here. Every single one except the McCafferty case was dropped when defended well - even just days before the hearing. If you don't know about the McCafferty case which went to Appeal (CEL tried but failed to appeal their loss - you couldn't make it up!) and so is a persuasive decision on the lower courts, read post #5 of the NEWBIES thread (ALL links in post #5 of it but not the other posts).

That will tell you how to appeal, what happens, how/when to fill forms out, how/when to ask the local court for POPLA instead, and all about cases won including the case v Ms McCafferty.

PompeyG · 12 July 2014 at 10:01PM

I'm 90% sure it was not me driving, think I was in a meeting at work, so that is the defence I will put up, I will say that I can prove I was somewhere else - and then it's not my problem who was driving due to the date.

I have followed these issues on here previously, so to be honest thought I would never get court papers. If I had, I would have declared I was not driving before, but have blanked them up to now.

Thanks for your input everyone.

G.

Co-op / CEL Court claim

Comments

Confirm your email address to Create Threads and Reply

🚀 Getting Started

Categories

Is this how you want to be seen?

Get our FREE Weekly email full of deals & guides - and it’s spam-free