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  • FIRST POST
    • Littlehelp
    • By Littlehelp 9th May 18, 10:25 AM
    • 2Posts
    • 0Thanks
    Littlehelp
    Need help with CEL Defended claim
    • #1
    • 9th May 18, 10:25 AM
    Need help with CEL Defended claim 9th May 18 at 10:25 AM
    Hi everybody,

    I was wondering if someone could please give me some advice, I've read the newbies threads on this subject and various other threads but if I'm perfectly honest, I'm not good with this sort of thing at all and as many times as I read it it's still all going over my head! So if someone could explain in very simple terms what I need to do next, I'd be very grateful.

    I received a parking fine from Civil Enforcement Limited for staying in a 2 hour limit car park too long, I ignored it at first as recommended by a friend, but then got the first court letter so read the forums and managed to put together a defence.

    I received a letter a few days ago from the court telling me that it is now a defended claim and I need to fill in the Directions Questionnaire.

    There was no copy of their defence attached, that part has been crossed out.

    I'm starting to feel very anxious about this as I don't think I'll be able to go to court and defend myself as this all above my abilities! But at the same time I really can't afford to pay the now, 300 + fine.

    Any help would be very much appreciated!!

    Thank you
Page 1
    • nosferatu1001
    • By nosferatu1001 9th May 18, 10:37 AM
    • 2,430 Posts
    • 2,980 Thanks
    nosferatu1001
    • #2
    • 9th May 18, 10:37 AM
    • #2
    • 9th May 18, 10:37 AM
    OK, so what EXACTLY did you put in your defence?

    Of course they havent sent in their "defence". They are the claimant....they have a claim, you are the defendant, you have a defence...

    You will have seen, from reading other threads, that CEL do NOT actually turn up to defended court claims

    You need to read POST 2 of the thread, it tells you exactly what to do with the DQ.
    • Littlehelp
    • By Littlehelp 9th May 18, 5:06 PM
    • 2 Posts
    • 0 Thanks
    Littlehelp
    • #3
    • 9th May 18, 5:06 PM
    • #3
    • 9th May 18, 5:06 PM
    Hi,
    Thank you for responding to me. I have followed your advice and filled in the DQ.

    At the bottom it says to serve copies to all of the parties but I'm unsure whether to send the copy to CEL's address or if I'm supposed to send it to their solicitor.

    Here's the defence that I sent...

    "In the matter of court claim xxxxxxxx, I am xxxxxxxx, the
    defendant in this matter. I assert that I am not liable to the
    Claimant for the sum claimed or any amount at all, for the
    following reasons, and the Claimant is put to strict proof of
    every element of its claim, all of which is not admitted.

    1) The Claimant is a serial litigant whose business model is to
    file large numbers of spurious claims and pressure defendants into
    paying up by sending letters increasing costs. In a preliminary
    hearing for a number of cases in Bristol, HHJ Denyer expressed his
    concern at the way CEL were conducting their cases and described
    the letters as a disgrace.
    2) It is submitted that neither the Claim form or additional
    particulars of claim meet the requirements of practice directions
    and civil procedures.

    3) The Claim form itself is invalid, not meeting the requirements
    of CPR as signed as 'Civil Enforcement Limited (Claimants Legal
    Representative)' and not by a named individual.
    4) The Claimant is put to strict proof their ability to issue and
    pursue charges at this location and that they have a valid
    contract in their name
    with the Landowner to instigate any legal action. A full
    contemperanous and unredacted contract with the landowner showing
    a clear chain of
    authority is required to demonstrate the Claimant' s ability to
    pursue the charge. Additionally, The Caimant is put to strict
    proof the accuracy
    of any ANPR and that their signs have the relevant
    advertising/planning consents
    5) The Claimant has not adduced any evidence of any breach of
    terms, or that their signs meet requirements under their ATA Code
    of Practice or that
    the signs comply with requirements under the Consumer Contracts
    (Information,Cancellation and Additional Charges) Regulations 2013
    (CCR) and that
    any terms are not onerous or fail any test under the Consumer
    Rights Act 2015.
    6) The Claimant has not disclosed if proceedings are being issued
    against me as the keeper or the puported driver. It is submitted
    that as the keeper,
    I cannot be held liable for the charge as the Claimant does not
    rely on Schedule 4 of the Protection of Freedom's Act 2012 nor
    comply with the
    statutory requirements of the Act. As no evidence has been adduced
    as to the driver's identity prior to the claim and as keeper
    liability cannot
    be invoked, it is submitted the Claimant has no further grounds
    for pursuit of this claim against me.

    7) The Claim amount far exceeeds the total permitted for recovery
    for a parking charge amount under the Claimant's ATA Code of
    Practice, it is
    submitted that the Claimant has artificially inflated the claim by
    failing to issue proceedings following their letter before action,
    instead
    passing the matter to a debt collector first where there is no
    basis for additional charges.
    8) The Claimant is a serial abuser of the courts in this way,
    filing over 3,000 claims in 2014. However, it is widely reported
    that the Claimant
    fails to turn up to defended cases, wasting the court!!!8217;s and the
    defendant!!!8217;s time
    9) I therefore ask that that the claim be struck out as having no
    prospect of success, and bring to the courts attention a similar
    order made in the
    case of Premier Park Limited v Lisa Grafton, A3QK0712, struck out
    on 19 March 2015. As the Claimant is not likely to attend court
    even if the claim
    progresses, this will save costs all round.
    10) In the event the claim progresses, then as an unrepresented
    litigant in person, I reserve the right to alter, vary and add to
    this defence or
    reply to any further particulars of claim/documents the Claimant
    may provide."

    Many thanks
    • KeithP
    • By KeithP 9th May 18, 5:12 PM
    • 7,138 Posts
    • 6,589 Thanks
    KeithP
    • #4
    • 9th May 18, 5:12 PM
    • #4
    • 9th May 18, 5:12 PM
    At the bottom it says to serve copies to all of the parties but I'm unsure whether to send the copy to CEL's address or if I'm supposed to send it to their solicitor.
    Originally posted by Littlehelp
    You send it to the entity named in the Claimant box on the Claim Form to the address given there.
    .
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