Victory V CIVIL ENFORCEMENT LTD, Evidence gathering for counter claim |
Victory V CIVIL ENFORCEMENT LTD, Evidence gathering for counter claim |
Tue, 31 Aug 2021 - 18:25
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#1
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New Member Group: Members Posts: 1 Joined: 31 Aug 2021 Member No.: 113,912 |
Hello all my name is Andrew and I am bringing to your attention a case involving Civil Enforcement Ltd.
Incident Date 21-Mar-20 Issue Date 30-Mar-20 On the incident date I attended Snow Island Huddersfield. This is a student accommodation car park and is managed by civil enforcement Ltd based in Liverpool. I attended as my services had been booked by a student to transport his non running motorcycle from the car park to his home address. The reason he was moving his bike was that the Huddersfield University had closed due to the pandemic and he was moving all belongings back to his home address until the University re opens. I had to enter the car park as this was where the customer was keeping the bike and I had no other instructions. On arrival I met with the customer, we loaded the bike and left for his home address. Some 9 days later I received the PCN which showed 1 image split into 2. One showing my vehicle enter the car park and the other leaving. I observed that both Images had removed the motorcycle trailer that I was towing with my 4 x 4. Snow Island is a permit holders only car park and the customers motorcycle is registered to the permit scheme. You can only respond to civil enforcement by their website using the appeal box, phone or email is not available. I therefore used the appeal box to ask the question as to why the Images had removed the trailer and also the permit registered motorcycle. I received a letter 37 days later which stated my appeal had been unsuccessful whilst also making reference to popla. During this time due to my printer being down, I had sent Civil Enforcement a hand written 3 page letter which gave a full explanation as to why I was present at the location in thatmy transport services had been booked and therefore this was not an abuse of the permit scheme. Upon lodging complaint with the BPA, civil enforcement claimed they never received my letter. Therefore BPA requested a copy of my original letter, which I was able to provide. They forwarded this to Civil Enforcement but I didn't receive any acknowledgement from Civil Enforcement. This matter progressed to solicitors and debt collection agencies contacting me, on each occasion legal proceedings being the threat within each communication. Eventually I received a County Court order from the Northampton business centre court. They requested that I submit my defence. I provided them with all letters from Civil Enforcement and copies of my own documents, such as receipts for the booking etc. They then served copies of my defence on civil enforcement Ltd, who had to respond with whether they wanted to proceed the case to court. My next correspondence was that Civil Enforcement wanted to enter into remediation. Essentially this would have been an offer of a reduced fine. This was immediately refused and I stated I wanted to attend court. A letter from my local County Court then stated a judge had viewed the case and had set a date in December this year but that for the case to be heard civil enforcement would have to pay £25. I personally believe this was the judge putting civil enforcement to the test, in that if they truly believe they could win the case then they shouldn't have an issue paying this fee. The very next day after this letter from the court, civil enforcement emailed me, stating that in pursuance of reaching a settlement outside of court and also taking into consideration the costs they have incurred chasing my fine, hey were willing to accept £85 but I needed to email them within 2 days. I emailed civil enforcement within 5 minutes, stating that no abuse of the car park permit scheme took place and nor was it intended and that I will be attending court. On the 24th of August after roughly 1 and a half years I received a letter from civil enforcement confirming they had filed and N279 which is a notification to the courts to discontinue the case. This doesn't surprise me but now the proper investigation starts. I have an appointment with my local MP to discuss the conduct of civil enforcement in this case. It is deeply frustrating that these companies can abuse the legal framework that provides them with the means to bring you to court with the threat of a ccj over your head. Here is the main problem. It appears to me that what is deemed a reasonable explanation as to why you are in a car park that is regulated, is to be decided by the company enforcing the regulations at the car park in question. This is and again has been proved to be problematic because the company revenue is based on fines and sadly all the while this system is in place revenue will come before what is reasonable. The very moment civil enforcement were aware that I was present due to my services being booked for a non running vehicle that belongs to a permit holder, they should have ceased the pursuance of a fine. However, as stated because they are the ones that decide what is reasonable, this enables them to pursue fines where it simply isn't appropriate and in this case they took it as far as was possible before giving up. So from March last year they have sent threatening letters to me, instructed solicitors and a debt collection agency, filed a court order and then finally refused to pay the fee instructed by the judge to get the case heard. I can also disclose that during this year and a half and before they lodged complaint with the court, I received a letter from their own solicitors that the case was now closed. The reason for my post is that I would like anyone who has been unreasonably pursued for fines over the last 5 years to come and post so that I can gather evidence and produce this to the MP. These companies are abusing the legal framework, they are threatening you with court proceedings to create fear which in turn gets people to pay in situations where they are not lawfully required to. It is this abuse that I want to bring to the attention of parliament so that they can more heavily regulate the car parking Industry. You must have kept documents and also email correspondence as I did. Thank you |
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Tue, 31 Aug 2021 - 18:25
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Wed, 13 Apr 2022 - 23:15
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#2
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New Member Group: Members Posts: 5 Joined: 13 Apr 2022 Member No.: 116,282 |
Hi Andrew,
Congrats on your success with this issue! I'm in a similar position, due to some unforeseen circumstances I had to pull into Snow Island lay-by and was there for 12 minutes (back end of 2019), and last week got a Claim form, the total amount claiming £300. I have been asking on the forum wether anyone would have any idea about how to tackle this. I am feeling very disheartened since this seems to be an excessive amount, way outside my budget. Any guidance would be very welcomed. Cheers. Hello all my name is Andrew and I am bringing to your attention a case involving Civil Enforcement Ltd. Incident Date 21-Mar-20 Issue Date 30-Mar-20 On the incident date I attended Snow Island Huddersfield. This is a student accommodation car park and is managed by civil enforcement Ltd based in Liverpool. I attended as my services had been booked by a student to transport his non running motorcycle from the car park to his home address. The reason he was moving his bike was that the Huddersfield University had closed due to the pandemic and he was moving all belongings back to his home address until the University re opens. I had to enter the car park as this was where the customer was keeping the bike and I had no other instructions. On arrival I met with the customer, we loaded the bike and left for his home address. Some 9 days later I received the PCN which showed 1 image split into 2. One showing my vehicle enter the car park and the other leaving. I observed that both Images had removed the motorcycle trailer that I was towing with my 4 x 4. Snow Island is a permit holders only car park and the customers motorcycle is registered to the permit scheme. You can only respond to civil enforcement by their website using the appeal box, phone or email is not available. I therefore used the appeal box to ask the question as to why the Images had removed the trailer and also the permit registered motorcycle. I received a letter 37 days later which stated my appeal had been unsuccessful whilst also making reference to popla. During this time due to my printer being down, I had sent Civil Enforcement a hand written 3 page letter which gave a full explanation as to why I was present at the location in thatmy transport services had been booked and therefore this was not an abuse of the permit scheme. Upon lodging complaint with the BPA, civil enforcement claimed they never received my letter. Therefore BPA requested a copy of my original letter, which I was able to provide. They forwarded this to Civil Enforcement but I didn't receive any acknowledgement from Civil Enforcement. This matter progressed to solicitors and debt collection agencies contacting me, on each occasion legal proceedings being the threat within each communication. Eventually I received a County Court order from the Northampton business centre court. They requested that I submit my defence. I provided them with all letters from Civil Enforcement and copies of my own documents, such as receipts for the booking etc. They then served copies of my defence on civil enforcement Ltd, who had to respond with whether they wanted to proceed the case to court. My next correspondence was that Civil Enforcement wanted to enter into remediation. Essentially this would have been an offer of a reduced fine. This was immediately refused and I stated I wanted to attend court. A letter from my local County Court then stated a judge had viewed the case and had set a date in December this year but that for the case to be heard civil enforcement would have to pay £25. I personally believe this was the judge putting civil enforcement to the test, in that if they truly believe they could win the case then they shouldn't have an issue paying this fee. The very next day after this letter from the court, civil enforcement emailed me, stating that in pursuance of reaching a settlement outside of court and also taking into consideration the costs they have incurred chasing my fine, hey were willing to accept £85 but I needed to email them within 2 days. I emailed civil enforcement within 5 minutes, stating that no abuse of the car park permit scheme took place and nor was it intended and that I will be attending court. On the 24th of August after roughly 1 and a half years I received a letter from civil enforcement confirming they had filed and N279 which is a notification to the courts to discontinue the case. This doesn't surprise me but now the proper investigation starts. I have an appointment with my local MP to discuss the conduct of civil enforcement in this case. It is deeply frustrating that these companies can abuse the legal framework that provides them with the means to bring you to court with the threat of a ccj over your head. Here is the main problem. It appears to me that what is deemed a reasonable explanation as to why you are in a car park that is regulated, is to be decided by the company enforcing the regulations at the car park in question. This is and again has been proved to be problematic because the company revenue is based on fines and sadly all the while this system is in place revenue will come before what is reasonable. The very moment civil enforcement were aware that I was present due to my services being booked for a non running vehicle that belongs to a permit holder, they should have ceased the pursuance of a fine. However, as stated because they are the ones that decide what is reasonable, this enables them to pursue fines where it simply isn't appropriate and in this case they took it as far as was possible before giving up. So from March last year they have sent threatening letters to me, instructed solicitors and a debt collection agency, filed a court order and then finally refused to pay the fee instructed by the judge to get the case heard. I can also disclose that during this year and a half and before they lodged complaint with the court, I received a letter from their own solicitors that the case was now closed. The reason for my post is that I would like anyone who has been unreasonably pursued for fines over the last 5 years to come and post so that I can gather evidence and produce this to the MP. These companies are abusing the legal framework, they are threatening you with court proceedings to create fear which in turn gets people to pay in situations where they are not lawfully required to. It is this abuse that I want to bring to the attention of parliament so that they can more heavily regulate the car parking Industry. You must have kept documents and also email correspondence as I did. Thank you Hi Andrew, Congrats on your success with this issue! I'm in a similar position, due to some unforeseen circumstances I had to pull into Snow Island lay-by and was there for 12 minutes (back end of 2019), and last week got a Claim form, the total amount claiming £300. I have been asking on the forum wether anyone would have any idea about how to tackle this. I am feeling very disheartened since this seems to be an excessive amount, way outside my budget. Any guidance would be very welcomed. Cheers. |
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