IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.
Need help with CEL Defended claim
Littlehelp
Posts: 5 Forumite
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
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
0
Comments
-
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.0 -
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 thanks0 -
Littlehelp wrote: »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.0
-
@ happyslave
You need to start your own thread and not hijack someone else's like this
Copy and paste your post into a new thread then delete it from this thread which is devoted to Littlehelp!0 -
Hi everyone.
I have just received the Notice of Allocation to the Small Claims Track (Hearing) letter.
It says on the letter "Parties to serve and copy file documents by 4pm on ... (not too far away!)"
I've been back through the threads but like I said earlier, I very much struggle with following this kind of thing. I know I need to make a witness statement but I'm not sure where to start or how to even word it and I'm not sure what else needs to be included other than the Witness statement.
Also I don't know what they mean by 'File and serve' - do I just post a copy to my chosen court?
Hope someone can help me as I really don't have a lot of time to get this together.
Thank you0 -
Why not tell us the date your WS must be "filed and served" by?
"Filed and Served" means 'filed' with the court and 'served' on the other party. You must send a copy to the named court - possibly hand delivered, ans send a copy to the Claimant - again at the address on the Claim Form.
Post #2 of the NEWBIES FAQ sticky thread offers lots of guidance on how to create a Witness Statement.0 -
There are example WS in the NEWBIES thread, underneath the example defences.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Thanks for your help.
I didn't put the exact date as I didn't have the letter to hand, but it was a roughly a week from receiving the letter that I needed to file and serve - is it always that short?
I'll try and find the information you mentioned, is it literally just my witness statement I need to send then?
Thanks again!0 -
Its unusually short.
Show us the letter. I imagine hteyre asking for JUSt a WS now, and the full bundle later?
You cant give us half a story and look for definitive answers0 -
As I'm new to the forum it wont allow me to attach links or images yet.
The letter is dated June 10th and says;
"1.Hearing of the small claim will be 21st of September with a time estimate of 1 hour
2. Parties to serve and file copy documents by 4;00pm on 25th of June
3. Witness statements must be included in the document filed and served, this includes statements from the parties themselves if they are giving evidence"
Thanks again0
This discussion has been closed.
Categories
- All Categories
- 343.2K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.3K Work, Benefits & Business
- 608K Mortgages, Homes & Bills
- 173.1K Life & Family
- 247.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards