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  • FIRST POST
    • Lizzi13
    • By Lizzi13 17th Mar 18, 12:52 PM
    • 8Posts
    • 6Thanks
    Lizzi13
    Letter Before Court Claim
    • #1
    • 17th Mar 18, 12:52 PM
    Letter Before Court Claim 17th Mar 18 at 12:52 PM
    Hi
    I recieved a CPN from Civil Enforcement Ltd back in July. I responded to the initial notice and stupidly admitted I was the driver. (One hour free parking but no spaces so I waited for a space, parked and thought that was when my time started). I then tried to use POPLA but I was informed by them that I needed to get all my evidence before submitting an appeal to them. I couldn't do that in time as the person who was writing a witness statement was on holiday and it took me some time to make contact with her. I have recieved a number of subsequent letters from Civil Enforcement Ltd, then, ZZPS and now Civil Enforcement Ltd again. As yet I haven't responded to any of these but I am getting scared now. In this last letter they write:
    " In accordance with Pre Action Conduct and Protocol for debt claims, we wish to give you a final opportunity to settle your debt or agree a payment plan with us"
    Letter was dated 9/2/18.

    Is this the same as the Final Letter Before Court? Other than the reference above it does not state that anywhere.
    Today I received a County Court Claim Form. .

    Please could you advise as to next steps. I have read the Newbies thread but I am not sure where to go next.

    I am sorry if I am asking you to go over things again but I am feeling a bit overwhelmed (which is what they want, I guess) and need a little reassurance.
    Thank you.
Page 1
    • The Deep
    • By The Deep 17th Mar 18, 1:18 PM
    • 9,209 Posts
    • 8,980 Thanks
    The Deep
    • #2
    • 17th Mar 18, 1:18 PM
    • #2
    • 17th Mar 18, 1:18 PM
    Your time starts when you park

    http://parking-prankster.blogspot.co.uk/2014/03/waiting-for-space-is-not-parking.html

    Anything else should be a matter for Trading Standards

    This is an entirely unregulated industry which is scamming the public with inflated claims for alleged breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They nearly always lose, and have been reported to the regulatory authority by an M.P.

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.ypU
    You never know how far you can go until you go too far.
    • Lizzi13
    • By Lizzi13 17th Mar 18, 1:37 PM
    • 8 Posts
    • 6 Thanks
    Lizzi13
    • #3
    • 17th Mar 18, 1:37 PM
    • #3
    • 17th Mar 18, 1:37 PM
    Thank you so much. The link above is very helpful. I will send a robust response to Civil Enforcement now I feel reassured that I have grounds to fight them in court.
    • Coupon-mad
    • By Coupon-mad 17th Mar 18, 1:57 PM
    • 57,564 Posts
    • 71,135 Thanks
    Coupon-mad
    • #4
    • 17th Mar 18, 1:57 PM
    • #4
    • 17th Mar 18, 1:57 PM
    Thank you so much. The link above is very helpful. I will send a robust response to Civil Enforcement now I feel reassured that I have grounds to fight them in court.
    Originally posted by Lizzi13
    See what happens by reading all the other CEL cases here, there are at least 3 on the front page right now! Why not go back TEN pages, take your time, and read all CEL claim cases and you will know how this ends up with a win, and what to expect along the way.

    New tactic being a distracting ''witness statement'' letter to confuse people at DQ stage.
    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.

    • Lizzi13
    • By Lizzi13 17th Mar 18, 8:04 PM
    • 8 Posts
    • 6 Thanks
    Lizzi13
    • #5
    • 17th Mar 18, 8:04 PM
    • #5
    • 17th Mar 18, 8:04 PM
    Just a quick question.
    I will acknowledge service of the claim and then plan my defence using info from threads mentioned.
    1. Do I still request copies of the evidence CEL will be using if this goes to court even though I did not respond to their previous letter within the 30 days or is it better to add the fact that I have not had this info at the time of receiving the claim form as part of my defence? (I had so many inferring a last chance to settle I didn't respond to this last one by requesting info as I now know I should have.)
    Last edited by Lizzi13; 17-03-2018 at 9:15 PM. Reason: more info found making question irrelevant.
    • Coupon-mad
    • By Coupon-mad 17th Mar 18, 9:04 PM
    • 57,564 Posts
    • 71,135 Thanks
    Coupon-mad
    • #6
    • 17th Mar 18, 9:04 PM
    • #6
    • 17th Mar 18, 9:04 PM
    As in every case you read here, your hearing would be in Devon at your local court. Northampton CCBC is the central processing court for MCOL cases.

    Yes you can email and ask for evidence.

    You are not hand writing a defence on the N9B form, of course, nor are you sending that off by post to acknowledge. NEWBIES thread tells you how to do the AOS online in MCOL, first, and then to send the defence as an email attachment.
    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.

    • Lizzi13
    • By Lizzi13 17th Mar 18, 9:33 PM
    • 8 Posts
    • 6 Thanks
    Lizzi13
    • #7
    • 17th Mar 18, 9:33 PM
    • #7
    • 17th Mar 18, 9:33 PM
    Thanks Coupn-mad. I will follow the info on the thread and post my draft defence up here for someone to kindly check over for me once I have tweaked one of those already shared. Thanks again.
    • Coupon-mad
    • By Coupon-mad 17th Mar 18, 9:56 PM
    • 57,564 Posts
    • 71,135 Thanks
    Coupon-mad
    • #8
    • 17th Mar 18, 9:56 PM
    • #8
    • 17th Mar 18, 9:56 PM
    And be aware that there will be no hearing anyway.

    Latest discontinuance confirmed by Northerner_lad in his thread today is what always happens - scam over soon!
    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.

    • Lizzi13
    • By Lizzi13 12th Apr 18, 11:48 AM
    • 8 Posts
    • 6 Thanks
    Lizzi13
    • #9
    • 12th Apr 18, 11:48 AM
    • #9
    • 12th Apr 18, 11:48 AM
    Just a quick update. I responded, as directed, using a relevant template from this site and emailing to CCBC. I received an acknowledgement from them yesterday saying a copy has been sent to the claimant and that if they wish to proceed they must contact the court withing 28 days of receipt.

    Thank you for all your guidance and reassurance so far, I wouldn't have been brave enough to do this alone. I will need to ask for help again when I hear anything back.
    • nosferatu1001
    • By nosferatu1001 12th Apr 18, 1:23 PM
    • 2,516 Posts
    • 3,081 Thanks
    nosferatu1001
    Book mark and refer back to post 2 of the newbies thread. Has EVERythinG you need
    • Coupon-mad
    • By Coupon-mad 14th Apr 18, 11:54 PM
    • 57,564 Posts
    • 71,135 Thanks
    Coupon-mad
    I will need to ask for help again when I hear anything back.
    No, you won't need specific help just yet because the forum tells you what to do next. At DQ stage you just tick the boxes bargepole tells you to, in the link about DQ stage in post #2 of the NEWBIES thread.

    And we hope you are reading lots of other CEL claim threads and are ready to ignore the offer to settle for a discount*, the letter they send out before they (later on) discontinue and give you a full 100% discount?


    *Please don't post and tell us about that letter.
    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.

    • Lizzi13
    • By Lizzi13 16th May 18, 1:57 PM
    • 8 Posts
    • 6 Thanks
    Lizzi13
    Update:
    While I was in the process of completing/submitting my DQ form I wrote a letter of complaint to the CEO of the company using CEL (I included data from review sites to show the negative impact these parking fines were having on the reputation of the well known coffee shop I was using at the time).

    The result is that they stepped in and my case has now been discontinued. I have checked with the CCBC and they have confirmed this.

    Thank you so much to Coupon-mad, TheDeep and nosferatu1001 for your help and patience. I would never have been brave enough to contest this on my own. I know you say the same things to so many newbies on this site but it is so reassuring to have your guidance. I have signposted so many people to this site so they can contest their PCNs too. I can't believe how many people this is happening to! I read that the number of PCNs being generated has risen horrifically over the last year. Hopefully, this outrageous practice will be stopped soon.

    Also, to anyone else who is feeling overwhelmed at the thought of contesting their PCN.... I was really worried to begin with but once I had read through the info on this site regarding how to respond (and and followed a couple of cases through to conclusion) I felt prepared to go all the way through the process and on to court if needed. The main thing I realised is that it is not personal. These parking companies don't care about your invidual case at all. Their responses are mass generated and designed to make you feel scared so you pay when you do not need to. For them it is a numbers game.

    For me, the hardest part of this (as a newbie to this forum) was navigating the threads on here! Once I stopped panicking and took some time to get the hang of it, along with some guidance from the great people helping us on here, I understood the process and arguments clearly. Contesting the PCN was then much more straightforward and less frightening than I thought.

    Thank you again.
    • Lizzi13
    • By Lizzi13 16th May 18, 2:03 PM
    • 8 Posts
    • 6 Thanks
    Lizzi13
    "I included data from review sites to show the negative impact these parking fines were having"

    Sorry, I know they are not parking fines! I meant to say PCNs.
    • Coupon-mad
    • By Coupon-mad 17th May 18, 12:38 AM
    • 57,564 Posts
    • 71,135 Thanks
    Coupon-mad
    Do you know for sure that the claim is discontinued? In writing? This could be dangerous.

    Submit your DQ anyway, then ring the CCBC next month if nothing more is heard.
    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.

    • Lizzi13
    • By Lizzi13 17th May 18, 9:42 AM
    • 8 Posts
    • 6 Thanks
    Lizzi13
    I have been informed in writing (email) by Costa. I rang CCBC yesterday and they confirmed it was discontinued. I asked specifically regarding submission of my DQ. They said it was no longer required. I haven't had anything in writing from them though.
    I checked on line this morning and it states the claim has been discontinued.
    Last edited by Lizzi13; 17-05-2018 at 10:23 AM. Reason: additional info added
    • Coupon-mad
    • By Coupon-mad 18th May 18, 12:54 AM
    • 57,564 Posts
    • 71,135 Thanks
    Coupon-mad
    Hooray, scam over - another one bites the dust!
    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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