Ayse1980ayse
Thu, 21 May 2015 - 08:26
Hi I'm a newbie and I need your help. I received the letter below yesterday. Could you tell me if it's genuine. I have tried ringing Northampton County Court but couldn't get through to anyone. The paper feels very thin and the boxes are not aligned. The court stamp looks fake and there are no contact details for their solicitor, Mr M Schwartz. Any help would be appreciated thank you.
Incandescent
Thu, 21 May 2015 - 08:37
There is no attached letter.
John U.K.
Thu, 21 May 2015 - 08:43
It looks as if you have not manged to post up the document.
Photo or scan. see
http://forums.pepipoo.com/index.php?showtopic=36858&st=0for how to do it. I use Tinypic for stage 2 with no problems.
Redact/obscure personal details, any PCN no. Reg No.
LEAVE IN all dates/times; precise location, Contravention code and description.
Ayse1980ayse
Thu, 21 May 2015 - 08:45
Ok, I will try again. Thanks
Jlc
Thu, 21 May 2015 - 08:58
Needs to be in the private parking forum. Click the '! Report' and ask a mod nicely to move unless they spot first.
QUOTE (Ayse1980ayse @ Thu, 21 May 2015 - 09:26)
Could you tell me if it's genuine.
It probably is.
Ayse1980ayse
Thu, 21 May 2015 - 09:06
Ayse1980ayse
Thu, 21 May 2015 - 09:35
Click to view attachmentI have uploaded the photos and asked the mods to move my post. thank you
Gan
Thu, 21 May 2015 - 09:48
Remove that picture
You've left the claim number that identifies it to CEL
When CEL and their sister company DEAL were issuing hundreds of these a few months ago I wrote a detailed defence that you can find if you search in the private tickets forum
As far as I'm aware, the company has always caved in shortly before a hearing when faced with a hard defence
Interesting that they've changed the details to look like the driver agreed their pricing structure but still can't decide if it's an agreement, a breach of contract or a trespass
The signature is the normal Michael Schwartz but the form has the tell-tale that it's Ashley Cohen - CEL manager paperwork
The defence wants to challenge that there are no contact details for Mr S and question whether he really prepared the document or charged the amount
Ayse1980ayse
Thu, 21 May 2015 - 10:08
So this is genuine then? They are actually summoning us to court after 2 years!!
Gan
Thu, 21 May 2015 - 10:31
That's the most recent that we've seen
All the others have been for 2010 to 2012
kommando
Thu, 21 May 2015 - 14:27
Its is genuine but given the choice of a PE or a CEL/DEAL claim I would pick the CEL/DEAL every day. If this follows the normal course of events, you provide a good defence and do not fall for one of their tricks you will be receiving money not giving it away.
Gan is the expert on these, note that any communication you get direct from DEAL/CEL ref hearings being cancelled need checking with the court, they like to trick you into not turning up and then they win (only time they do).
freddy1
Thu, 21 May 2015 - 14:42
paperwork different ? is it not a MCOL? date of offence 18/02/13 , CEL kicked out 19th December 2014
however the claim breach of contract / damages or trespass ,
ideally , if you can prove no contract , CEL cannot claim for trespass , not sure about damages , did the OP damage there car park?
The Slithy Tove
Thu, 21 May 2015 - 15:27
QUOTE (freddy1 @ Thu, 21 May 2015 - 15:42)
he claim breach of contract / damages or trespass
This sort of behaviour really should be stopped by the court before it gets to the defendant. CEL like to hedge their bets in this way, and make it totally unclear the premise on which they are claiming they are owed money. IMO, they should be challenged on this ambiguity, and the court should force them into being more precise over their claim. However, that's not how it works, so the defendant has to defend all three possibilities.
Ayse1980ayse
Wed, 27 May 2015 - 19:05
Thank you for your replies. I have sent the acknowledgment back to CCMCC. Today a letter arrived from CEL regarding the Coop and their permission from the Coop to issue tickets on their behalf. Any other advice would be very welcome. Thanks again
Gan
Wed, 27 May 2015 - 20:53
You mean the Co-op "We're throwing our customers to the wolves" letter ?
It says that CEL doesn't have a contract but is authorised to issue parking notices on behalf of Creative Parking Ltd
The standard generic defence needs a spot of rewriting
Ayse1980ayse
Mon, 24 Aug 2015 - 12:09
Thank you for all your help. We got a date from Our local court. CEL then wrote to us to tell us that they have ceased their claim against us. Patience is the key!!!
nosferatu1001
Mon, 24 Aug 2015 - 12:33
Have you confirmed WITH the court DIRECTLY that the claim has been cancelled?
CEL have lied in the past.
freddy1
Mon, 24 Aug 2015 - 12:37
yes , ring the court , get them to confirm this , what is the court date quoted?
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