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civil enforcement court claim form
abby1988
post Tue, 17 Apr 2018 - 07:34
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Parking fine from civil enforcement limited

This post has been edited by abby1988: Tue, 17 Apr 2018 - 21:19
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post Tue, 17 Apr 2018 - 07:34
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nosferatu1001
post Tue, 17 Apr 2018 - 07:41
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It isnt a fine!

EDIT YOUR POST NOW
"The Driver" parked. You , as defendant, are the KEEPER of the vehicle

Go online to MCOL, using the details given, and ACKNOWLEDGE the claim. do not contest jurisdiction unless you live outside England and Wales, and DO NOT write ANYTHING AT ALL in the defence. NOTHING must be ther e- not even a full stop.

Once you do so you have 33 days for the ocurt to recieve your WOrd document created, embedded with a SCAN of your signature, converted to PDF and then EMAILED defence.

Your next job, only after you acknowledge - go through this forum, for post april 2017 defences ONLY, and ONLY those for CEL. CEL is a COMPLETE DODDLE to beat, as thy have so far *always* discontinued before the hearing. However you have to jump through hoops at the moment.
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Jlc
post Tue, 17 Apr 2018 - 07:42
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Ignoring was the wrong option as they usually cancel with the correct challenge.

Anyway, they are still easy to beat but have to go through the court process. They do not intend to progress to a hearing and will discontinue with a strong defence.

Does the PCN mention 'keeper liability' or Protection of Freedoms Act? (CEL don't usually bother)


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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abby1988
post Tue, 17 Apr 2018 - 08:23
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QUOTE (Jlc @ Tue, 17 Apr 2018 - 08:42) *
Ignoring was the wrong option as they usually cancel with the correct challenge.

Anyway, they are still easy to beat but have to go through the court process. They do not intend to progress to a hearing and will discontinue with a strong defence.

Does the PCN mention 'keeper liability' or Protection of Freedoms Act? (CEL don't usually bother)

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Jlc
post Tue, 17 Apr 2018 - 08:32
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You've left your password on those scans. Follow post #2 and acknowledge the claim asap.

They wouldn't want to put that ridiculous amount in front of a Judge for scrutiny but many will pay - very profitable!


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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ostell
post Tue, 17 Apr 2018 - 08:37
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Keep editing post 1, the driver is identifiable.

We know the court forms, have you got the original PCN?
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abby1988
post Tue, 17 Apr 2018 - 09:20
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QUOTE (ostell @ Tue, 17 Apr 2018 - 09:37) *
Keep editing post 1, the driver is identifiable.

We know the court forms, have you got the original PCN?

yes i have acknowledge the claim online. this is the original pcn
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Redivi
post Tue, 17 Apr 2018 - 09:30
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For such a small car park it results in a huge number of threads

The reason is the extremely poor visibility of the signs that must form part of your defence
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ostell
post Tue, 17 Apr 2018 - 09:52
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Did the driver tell you that there was a ticket on the windscreen ?

Incident date was 22/05/17, PCN date 12/06/17, They have failed to deliver the Notice to Keeper within the 14 days required by POFA to be able to hold the keeper liable.

There are also other items that POFA requires that are not on the form such as 9 (2) (f) and the period of parking (moving between the cameras is not parking), and there is no indication of the creditor, 9 (2) (h). Here's a link to POFA

So you have a good defence in that due to their failure to conform with the requirements of POFA there can be no keeper liability. So make sure this appears in your defence.
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abby1988
post Tue, 17 Apr 2018 - 10:02
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QUOTE (ostell @ Tue, 17 Apr 2018 - 10:52) *
Did the driver tell you that there was a ticket on the windscreen ?

Incident date was 22/05/17, PCN date 12/06/17, They have failed to deliver the Notice to Keeper within the 14 days required by POFA to be able to hold the keeper liable.

There are also other items that POFA requires that are not on the form such as 9 (2) (f) and the period of parking (moving between the cameras is not parking), and there is no indication of the creditor, 9 (2) (h). Here's a link to POFA

So you have a good defence in that due to their failure to conform with the requirements of POFA there can be no keeper liability. So make sure this appears in your defence.

there was no ticket on windsreen. it was sent by post
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ostell
post Tue, 17 Apr 2018 - 10:21
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Just checking about the windscreen ticket.

The Particulars Of Claim is now gone. Were they claiming keeper or Driver liability? Since the don't know the driver then that would be difficult. Irf they are claiming from the keeper then perhaps a counterclaim might be in order as they have proceeded against the keeper when they knew that they had no case. Otheres know more about this than I do. The counterclaim has to go in with your defence.

The reason they proceeded was because there had been no response to their letters and they were hoping to get a judgement by default.
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abby1988
post Tue, 17 Apr 2018 - 10:39
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QUOTE (ostell @ Tue, 17 Apr 2018 - 11:21) *
Just checking about the windscreen ticket.

The Particulars Of Claim is now gone. Were they claiming keeper or Driver liability? Since the don't know the driver then that would be difficult. Irf they are claiming from the keeper then perhaps a counterclaim might be in order as they have proceeded against the keeper when they knew that they had no case. Otheres know more about this than I do. The counterclaim has to go in with your defence.

The reason they proceeded was because there had been no response to their letters and they were hoping to get a judgement by default.

ok thanks. so now that i have submited the claim online, what is nect? am a complete novice, i need someone thst can write my defence , i will be grateful. my email is omolabake88@yahoo.com

QUOTE (ostell @ Tue, 17 Apr 2018 - 11:21) *
Just checking about the windscreen ticket.

The Particulars Of Claim is now gone. Were they claiming keeper or Driver liability? Since the don't know the driver then that would be difficult. Irf they are claiming from the keeper then perhaps a counterclaim might be in order as they have proceeded against the keeper when they knew that they had no case. Otheres know more about this than I do. The counterclaim has to go in with your defence.

The reason they proceeded was because there had been no response to their letters and they were hoping to get a judgement by default.


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kommando
post Tue, 17 Apr 2018 - 10:43
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NA

This post has been edited by kommando: Wed, 18 Apr 2018 - 07:28
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ostell
post Tue, 17 Apr 2018 - 10:54
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Just some more random jotting for the defence

That particulars of claim is embarrassing in that it does not specify the alleged breach of terms and conditions. They are also appearing to claim from the driver, who they need to identify, whereas you are the keeper. As the keeper, if they comply with POFA to be able to hold the keeper liable, which they have not, then they can only claim from the keeper the amount on the original PCN, ie £100, POFA 4 (5)
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nosferatu1001
post Tue, 17 Apr 2018 - 11:01
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Noone will write your defence fdor you. Take that email DOWN, you dont know if CEL are reading the forum and will happily write you a shoddy defence that admits everything

You have one task now you have "submitted the claim" (Seriously, use the right phrase, NOT one youve made up - you haave acknowledged service of the claim, or at least I hope thats what youve done!) which is to get out of your thread

Go find CEL threads from say April 2017 onwards. NOTHING OLDER. The newer the better
Cpy a RECENT defence from there, and tweak it to fit YOUR details.

Pretty much ANY CEL defence will do, because you dont seem to yet understand that CEL will simply discontinue once they have to pay the next fee (hearing fee) BUT you have to follow procedure until then OR THEY WIN.
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