Civil enforcement ltd claim form received - help **CEL claim Judgment made**

[mervyng2]

guys i received a similar letter from civil enforcement ltd few montha ago.. after reading few forums ive decided to ignore them... after the final reminder I've received a letter today saying that they are intended to take the matter to Northampton County Court. It is not from Newlyn. i wish i cud attach the letter here...

 

Anyway the letter still looks fake to me as the County Courts Act (section 69) looks like scanned and pasted into the letter. They say they will seize my vehicle/good, and many other things they can possibly do.

 

What shall I do? Do I continue to ignore them? It just bugging me.

 

Please do reply

[mervyng2]

guys i received a similar letter from civil enforcement ltd few montha ago.. after reading few forums ive decided to ignore them... after the final reminder I've received a letter today saying that they are intended to take the matter to Northampton County Court. It is not from Newlyn. i wish i cud attach the letter here...

 

Anyway the letter still looks fake to me as the County Courts Act (section 69) looks like scanned and pasted into the letter. They say they will seize my vehicle/good, and many other things they can possibly do.

 

What shall I do? Do I continue to ignore them? It just bugging me.

 

Please do reply

[BASFORDLAD2]

Ignore its their usual rubbish!!!!@

[Cardiff Devil]

Utter cobblers from them as usual. Unless it's stamped with the official Northampton County Court stamp, and has a case number on it (always ring Northampton CC first to check it's genuine), then you can safely continue to ignore. It's just a scare tactic. Filing a county court claim can be done online and takes about 5 minutes. If they were going to sue you, they would have done it long ago. Ignore!!!

[crem]

Yep, still ignore them until you receive actual real, stamped court papers. Notice they alway threaten to go to Northampton County Court, which just happens to be where all teh legal council PCNs are referred to the TEC.

 

Lucky co-incidence do ya think? Maybe not!!

[mervyng2]

I received a parking notice from these people for parking too long.

 

firstly i think it was harsh.

 

Having looked on the internet i took advice to ignore letters.

 

Now i have a letter which i attached.

 

it comes after more than a year after previously ignored letters.

 

can someone tell me if it looks genuine?

 

shall i continue to ignore them?

 

pls help thanks!!

Edited April 17, 2013 by mervyng2

[dx100uk]

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

 

you need to blank the two claim number stickers and barcodes

 

dx

 

done if for you

 

dx

 

that's genuine

 

dx

[i hate bailiffs]

You will have to file a defense as ignoring the court paperwork will result in Judgement against you by default

 

Where did the original ticket come from retail park,supermarket ect

 

Others will be able to give you a strong defense

[Parking Alf]

You will have to file a defense as ignoring the court paperwork will result in Judgement against you by default

 

Where did the original ticket come from retail park,supermarket ect

 

Others will be able to give you a strong defense

 

 

You may also get help over at Pepipoo. CEL have been issuing a raft of county court claims dating back a year or so. You will find plenty of info there as well for countering CEL as several correspondents have had the same experience as you.

 

You may also get help over at Pepipoo. CEL have been issuing a raft of county court claims dating back a year or so. You will find plenty of info there as well for countering CEL as several correspondents have had the same experience as you.

 

 

That's not to suggest that you won't get excellent help from regulars on this site, just to point out that there are already several active cases from CEL already being dealt with and that you can certainly get similar advice on preparing your defence.

 

You may also find that simply notifying your intent to defend will be enough for CEL to move on to people more easily intimidated.

[ericsbrother]

The claim is genuine but on the face of it easily defended as they are claiming damages where none exist. They also claim a contract where none exists as they have not shown a relationship between your actions and any loss they incurred.

They are not the land owners so they cant say that they are entitled to damages. If you stayed beyond a specified time (even if you accept that a contract exists and I wouldnt accept that point anyway) then they can only claim for the loss, which is the £2 or so they would have got if you vacated the space and someone else parked there and the costs of recovering that loss NOT including normal business costs.

 

You could reply saying that their claim is denied and that your full defence will be filed in good time once a hearing date has been set. Choose a court local to you for the hearing (should default to your nearest court which if you live local to Coulsdon will be Croydon or Reigate) and the thought of paying a couple of hundred in rail fares to turn up may very well put them off anyway.

 

If you want to add more to your defence at this stage say that you deny a contract was made as there was no chance for you to negotiate the terms of any contract and thus the implied contract is unfair and unenforceable. (S4(1) Unfair Contract Terms Act 1977).

The claimant hasnt proved the right to make a claim by showing a contract between themselves and the land owner that allows them to sue for damages in their own right and say that you believe no such contract exists as it hasnt been shown to the defendant.

The money claimed represents a penalty as it is arbitary, not a reflection of the claimants costs for the alleged breach of contract should such a contract exist, which is denied anyway. The claimant has shown no breakdown of costs or schedule of losses to support the sum claimed.

The punitive costs claimed are disproportionate to the alleged loss. This is unfair under the Unfair terms of Consumer Contracts Regulations 1999 schedule 2(1)

The action is vexatious and designed to harrass, alarm or distress the defendant into paying monies that are not owed. The defendant reserves the right to seek remedy for this.

The solicitors costs added prior to the claim are not a reflection of any sum necessarily spent on this matter prior to the issuing of the summons and are thus resisted as being arbitary.

I reserve the right to add further matters for my defence

 

Have fun.

[mervyng2]

thanks for the advice guys... now i have received another letter from civil enforcement ltd.. plss see the attachment and tell me what u think? shall i continue to ignore them?

 

in the meantime i have phoned northampton county court to find out if the claim is valid and they did confirm that it was a valid claim. i seriously dont know what to do? how do i defend this if this goes further to courts? do i need to get a solicitor to help me out with all this issue?? i cant be bothered to pay anyone for this silly matter? (

 

hello lynns

 

i received a smiliar letter 2 months ago which i continued to ignore. yesterday i received this letter, have a look... i have no idea what to do... should i continue to ignore?

 

hello snug

 

i received a very same letter from civil enforcement ltd about 3 yrs ago... ignoring their letters for 3 yrs have led to this letter which came yesterday!! these guys will go to court and drag this as much as possible to get the money from u... till now i havent paid a penny to them... however the court claim is valid and they are genuine.. so i dont really know what to do... i hope urs dont go that far... its stressful!!

[renegadeimp]

Remove the reference numbers from your PDF please merv. Also, did you ever recieve their claim form? If not, then a set aside is very straightforward.

[steampowered]

mervyng2 - They say they have a court judgment against you. If this is true, that is a more advanced stage in the court process than lynn has reached. If there is a court judgment in play you can't ignore it ... if the judgment is not paid within 28 days it will badly damage your credit rating and will entitle them to engage county court bailiffs to collect the debt. The options are to pay the judgment or to make a formal application to the court to have it set aside (usually only an option if you did not receive the claim form which started court proceedings). As this is a different issue it would be great if you could create your own thread in the "Legal Issues" forum with details of what documents you received before that letter.

[ploddertom]

Have you checked your Credit file to check if the actually do have a Judgment against you. In the meantime I will ask for some help for you.

[slick132]

Hi Mervyng,

 

What happened back in April. Did you :-

 

1. Acknowledge the court claim within the required time.

 

2. File your defence within the further time allowed for that.

 

Did you receive anything from the court to confirm that Judgement was made against you, in default of you responding to the claim.

 

[ericsbrother]

It appears you did not file a defence in the manner advised to you back in April so as you did not do so a default judgement has been entered. This means that you have a CCJ against you and you now have the choice of paying up or appealing againt the default judgement.

Did you receive any paperwork between the Particulars of Claim you brought to our attention and this judgemnt letter (which is not the official court letter but their letter saying judgement has been made, which amounts to the same)? If you did, why didnt you ask what to do next, your silence has lead us to believe that you had submitted a defence and were waiting for an allocation.

Now, you must apply for a set aside of the judgement. There is a form for this and a court fee.

[raydetinu]

I suggest you check the court to check if this is so.

Strange that you have not been advised of the court hearing or the judgement direct from the court.

[ericsbrother]

Merv was told what to do but didnt submit and acknowlegement of service or a defence,contrary to the last advice on his posting. So to avoid thinking that you are receiving conflicting information you must acknowledeg the court papers within 14 days, even if it is to say that you will submit a full defence prior to the hearing when the alloction has been made.

What you cannot do is nothing.

[citizenB]

That letter seems to imply that a Judgment has been awarded by default. Did you submit a defence ?

 

Have you heard from the court that confirms this? If not, I would suggest you phone the court that issued the claim against you and find out why you have not been informed.

 

Process is

 

Claim is issued -

 

You acknowledge service and submit defence.

If claimant proceeds, you then receive an Allocation or Directions questionnaire which is then required to be completed and returned to the court.

 

Claim is then allocated to your local court, where a hearing date is set.

 

Did any of this happen ?

[citizenB]

thanks for the advice guys... now i have received another letter from civil enforcement ltd.. plss see the attachment and tell me what u think? shall i continue to ignore them?

 

in the meantime i have phoned northampton county court to find out if the claim is valid and they did confirm that it was a valid claim. i seriously dont know what to do? how do i defend this if this goes further to courts? do i need to get a solicitor to help me out with all this issue?? i cant be bothered to pay anyone for this silly matter? (

 

What bothers me is that you don't appear to have understood advice provided earlier. Once the claim was issued you were advised to submit a defence and NOT to ignore them ?

[Conniff]

What bunk, damages of £250. Damages are claimed on breach of contract so they can recoup the amount they have lost, they haven't lost £250.

If it was £10 per hour to park and you overstayed 1 hour, then their losses were £10. Solicitors fees and anything else are not losses.

Edited July 1, 2013 by Conniff

[raydetinu]

I seem to recall a case where the judge deemed £15/day was a reasonable charge and no solicitors costs were allowed!

[havinastella]

You are lucky have they have not accepted your part defence.

 

How did they get to the amount of £265? And they CANNOT claim solicitors costs.

[dx100uk]

posts from numerous threads merged here

 

please keep to THIS ONE THREAD

 

dx

[mervyng2]

guys i did receive the judgment letter from court and all?? but i jus decided to ignore them after reading numerous amount of forums... what i did was wrong i guess now... i jus couldn't bother spending any time regarding this matter which happened almost 3 yrs ago!! so now i should spend money for "set aside"? that sucks...

 

here are the documents i received in april which i ignored