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  • FIRST POST
    • dan10k
    • By dan10k 26th Oct 17, 8:28 PM
    • 24Posts
    • 3Thanks
    dan10k
    CEL Claim Defence
    • #1
    • 26th Oct 17, 8:28 PM
    CEL Claim Defence 26th Oct 17 at 8:28 PM
    Hi guys,

    Thanks in advance for taking the time to help. I've had a bit of a shock on my return from work today, after finding a letter addressed to me literally down the side of my couch, which turned out to be a Claim Form from Civil Enforcement Limited, dated 5th October 2017. After doing some digging I realised what it was they were claiming for, and using the MSE newbies guide I quickly lodged an AOS on the MCOL website. I hope being slightly later than 14 days doesn't come back to haunt me.

    The total amount claimed for is £353.57

    A little about my case:
    • Received a PCN for being parked on the car park of a town centre venue/bar for 21 minutes on 04/07/2015.
    • PCN was issued on 13/07/2015 - CEL issued an initial letter and followed up with a reminder on 13/08/2015 demanding £100 within 14 days. I ignored this as thought it a ridiculous claim.
    • I was contacted by ZZPS on 18/04/2016 demanding £200, and followed this with another letter on 03/05/2016. Again, I ignored the letters.
    • Wright Hassall got in touch on 23/05/2016 demanding £236.00 within 14 days, warning of potential litigation being recommended to CEL. I ignored of course, as who takes a company with that name seriously (am I right?!?!)!

    I've skimmed through a few CEL posts on here and noted that ixworth's post from last week was highlighted particularly. Excluding his 10th point, would this template be sufficient to lodge my defence with?

    Really appreciate your help guys - this is the first time I've had anything close to a threat of a CCJ (though I'm comforted in the assertion that this almost never happens).
    Last edited by dan10k; 27-01-2018 at 8:54 PM.
Page 3
    • Johnersh
    • By Johnersh 17th Mar 18, 2:12 PM
    • 1,176 Posts
    • 2,233 Thanks
    Johnersh
    Please post on here so we can see what you have.

    Frankly it could be anything - the Amended Particulars of Claim are a farrago of pleading and witness statement with a bizarre statement of truth.

    WTF is a "Reply to an Order" as referred to by the Claimant? A Reply to a Defence exists in the CPR but they were supposed to be amending the Particulars! It's certainly a breach of the provisions of the CPR which make clear how Amendments to the Statement of Case should be prepared (unlike the Defence, which is an example of how it should be done)

    If they have served a statement early, there's nothing to stop them doing so, but I would resist the temptation to serve yours in the absence of any Court order. They may simply serve a second further statement once they see what you say.

    I would check asap that no court correspondence has gone astray given that it is now more than 28 days from service of the amended pleadings.
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • dan10k
    • By dan10k 17th Mar 18, 3:17 PM
    • 24 Posts
    • 3 Thanks
    dan10k
    Thanks guys. I will call the court on Monday morning of course.

    https://drive.google.com/open?id=1DNu_kCOsG_gKumZ7J3c_XMVxCkM8EGYa

    https://drive.google.com/open?id=1OIOK8Emf19ePCaBjKczdJRVrsMnSk6ED

    https://drive.google.com/open?id=1FlVXsZQuMEIhZqhmg7OzxEiNHyzk4V-Q

    https://drive.google.com/open?id=1W9kJC8Ga7XoEOegqHFr0G0_dQguEXWka

    https://drive.google.com/open?id=16uepGafpeHXGxsTPY7nuXHzGOwrQCLZg

    These are the first pages of correspondence. They also included exhibits - a picture appearing to be the signage for the car park and a 2-page press summary of the Cavendish and Beavis cases. If you want I can post these too.

    I appreciate your advice.
    • Johnersh
    • By Johnersh 17th Mar 18, 4:31 PM
    • 1,176 Posts
    • 2,233 Thanks
    Johnersh
    1. That's not a witness statement, it's a skeleton argument. It is not limited to facts at all.
    2. A piece of legislation cannot lend credence to a non binding judgment. POFA does not confer any presumption of driver (at all).
    3. The additional charges may well need to be pre-estimates of loss as Beavis was considering the concept of the penalty charge at that juncture
    4. Read para 11 of the judgment. The court goes on to note that the signage was insufficient in vine. It's fact specific.
    5. The press summary is not the judgment. Depending on circumstances may depend on whether you can distinguish it.
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • dan10k
    • By dan10k 19th Mar 18, 9:09 AM
    • 24 Posts
    • 3 Thanks
    dan10k
    Just called the court. They haven!!!8217;t sent anything so I!!!8217;m in no rush to take any action, though they did say they would refer it back to the judge as they thought further directions should have been served by now.
    • dan10k
    • By dan10k 17th Apr 18, 8:06 PM
    • 24 Posts
    • 3 Thanks
    dan10k
    Quick update: the claim has been allocated to the small claims track - the judge is encouraging mediation (not happening!), claimant to pay trial fee by 21st May 2018 with a court date otherwise scheduled for 18th June 2018.

    So in my mind Iím to wait until 21st May passes, then prepare my WS, etc. if the fee has been paid, submitting these by 4th June 2018. Correct?
    • dan10k
    • By dan10k 21st May 18, 1:47 AM
    • 24 Posts
    • 3 Thanks
    dan10k
    Great news. Received a letter from CEL on Friday with their Notice of Discontinuance! Ha!

    Thanks for all your advice and assistance guys. It was greatly appreciated.
    • Coupon-mad
    • By Coupon-mad 21st May 18, 1:53 AM
    • 61,458 Posts
    • 74,332 Thanks
    Coupon-mad
    Yay!

    Another one bites the dust, yet again!
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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