Civil Enforcement Limited - claimform received

[mark44]

Please help

 

 

I received a county claim from Civil Enforcement Limited (CEL) for 225 pound

 

 

The time spent in the car park was 20 minutes. It is a pub car park in Warrington city centre

 

 

Was picking up my brother after a night out so I drove into the car park to wait for him. The pub was shut at this time and the car park was unlit so I did not see the signs.

 

 

I received a PCN in the post but I ignored it (In hindsight , I shouldn't have in hindsight. Oh well!!) and then nothing till I received the claims form in the post two weeks ago and the particulars of claim last week.

 

 

I have attached the claim form and particulars of claim .

 

 

Please HELPPPPPP

Claim form and Particulars of Claim (CEL).pdf

[martin2006]

Acknowledge the claim via mcol

Tick defend all

Leave jurisdiction unticked

Exit mcol

 

Someone with more knowledge re parking charges will be along soon

[mark44]

Thanks Martin2006.

 

 

I sent the acknowledgment form yesterday.

[martin2006]

Are you defending all?

[dx100uk]

go do it online at MCOL website too please

 

 

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=Civil+Enforcement+Limited+-+claimform+received&sa=Search+CAG#gsc.tab=0&gsc.q=Civil%20Enforcement%20Limited%20-%20claimform%20received&gsc.page=1

[mark44]

@martin2006 Yes I am

 

 

@dx100uk I have done acknowledge it online now

[dx100uk]

best go read those threads I pointed too

that will help you

till the experts come up.

 

 

plenty to read

dx

[mark44]

Thank you.. I will do that now.

[ericsbrother]

they are issuning thousands of dodgy claims withour the correct details and withdraw them once they are defended. However, many people pay up so they make a mint without having to prove a thing. Once you defend it is likely they will drop the matter/ If there are no particulars of claim detailed to say what where and when make a complaint to the MoJ about the abuse of the process.

[mark44]

Thank you ericsbrother ...however, the particulars of claim did say where and when (unfortunately)

 

 

Can you please advise on how to approach the defence please?

[dx100uk]

what date is on the claimform please? [top right]

[mark44]

4th March

[dx100uk]

defence needs to be filed by 4pm weds 6th via MCOL

[martin2006]

You need to move fast now if u havent put yr defence in already

[dx100uk]

is there an mcol password on the claimform for you to use?

[dx100uk]

ah yes I see there is so you can file defence defence via mcol website

[ericsbrother]

they havent said what the claim is for,

they have said they will supply that information, which is an abuse of process.

 

Youir defence is that no contract formed to be broken so claim without merit.

 

Now, once thats filed

phone up or email council planning dept

and ask if CEL have planning opermission for their signage on the site.

No PP, no contract to break and criminal behaviour on their part.

 

Also they have ingored the protocols of the civil procedure rules

so they can get the claim thrown out for abuse of process if a judge is minded that way.

 

 

They are well known to the legal system so if you defend that is a very likely outcome.

As said, they are playing a numbers game and look at the amount claimed

- £200+ when teh breach was only worth £60 at best

- where do they get the rest from?

 

 

They know that they dont stand a chance in hell in collecting at a clourt hearing

but 75% of the people getting this claim will pay up

and that gives them an overall profit of £125 per claim issued

after the costs of the ones who fight back are subtracted.

Very lucrative for them.

 

The trick is to not panic and when the time comes write to the court and ask for a full costs recovery as the claim is vex.

 

 

You can then claim loss of wages,

£19ph litigant in person costs of at least 5 hours prep time

so that will hit them with a bill of over £200.

 

 

As siad, they usually withdraw the claim once they realise you arent going to be mugged.

 

 

Sometimes they delay this until the very last day before the hearing,

they tried phoning me a day after their claim was booted out

and asked me to agree to pay a lesser sum or they would add another £300 in "witness" costs.

You can guess how I ended that call.

 

Also, you can write to them demanding sight of the contract between them and the landowner that assigns the right to enter into contracts and make civil claims in their own name.

 

 

Usually they have an agreement with a third party and often the contract is in the name of one of the other dodgy companies that Ashley Cohen has his sticky fingers in so no locus standi.

 

 

He claims that they are subsidiary companies but if that was true he should have told Companies House or a criminal offence will be committed.

 

 

Again, you cannot enter into a contract when one party is breaking the law so no contract.

[mark44]

I received the particulars of claim on the 22nd and I phoned u the court to let them know when the particulars were received. The court informed me that the deadline to submit a defence is the 19th of April and it has been logged in their system.

 

 

I would need help on how to file my defence before then .

 

 

@ericsbrother.. can I contact the council after filing my initial defence or do I need PP information for my initial defence?

 

 

thanks guys

[mark44]

@ericsbrother ... can I send a CPR31.14 letter of discovery to CE asking to see the agreement with the landowner?

[ericsbrother]

yes, I recommend that you do but dont expect a response as most of their contracts arent valid. However they may try thier luck and sned a redacted version of a contract with someone else and then lie about it. Always good for bashing them with if they do.

[mark44]

Hello

CEL have expressed an interest in a mediation session and it has been arranged for next week. Have you got any advice for me please?

[ericsbrother]

you should have rejected mediation at the outset as it isnt applicable.

 

 

CEL will use it to try and persuade you to pay them something-anything, so they dont lose a fortune.

 

 

I would now just stick to your guns,

say that you arent paying them a penny and will seek a full costs recovery order as the claim is vex.

[mark44]

so the case has gone to court and I have been advised to send all documents to the court and CEL.

 

Do I need to present my case now in writing to the court before the hearing date as to why I am not paying a penny and pictures of the unlit car park as well?

[ericsbrother]

you will have been given a timescale that you have to exchange documents by. This will include any pictures, witness statements and your statement of truth. Also include references to other court decisions that are relevant with their case numbers.

 

If you are arguing no planning permission then you quote the case where PE lost out plus the details of the law that can be found on the Mansfield thread in this forum. If you are using no contractual condition due to prohibition (trespass) you quote the case numbers for the Aktar and High Wycombe 3 claims/appeal.

 

You send a copy of everything to the plaintiff and to the court. Make sure they arrive about 2 days ahead of time but not too soon or you will find CEL will suddenly reprint their signs and pass of a computer generated image as being the genuine one at the site.

 

Also write a brief letter and ask the court for a full costs recovery order under CPR 27.14 and that will be 5 hrs Litigant in Person research time @£19 p/h, postage. phone, etc. By including this in your bundle CEL will be less likely to want to continue or use their old trick of phoning you up the day before the hearing, telling you they are discontinuing and then not turning up without telling the court they wont be there but phone later and ask for judgement in their favour because you didnt show.

 

If they do phone or you get a phone call from court saying not to turn up because... ignore it and go anyway. Someone has previously impersonated the court in an attempt to force an adjournment/judgement so only belive a letter from the court properly stamped that says it has been discontinued, not a letter from them.

Edited July 26, 2016 by honeybee13
Paras.