Results 1 to 9 of 9

Thread: Civil Enforcement LTD Court Claim - Parking

  • Share
  • Thread Tools
  • Display
  1. #1
    craigb's Avatar

    Junior Member



    Joined
    Oct 2017
    Posts
    5
    Mentions
    0 Post(s)

    Default Civil Enforcement LTD Court Claim - Parking

    Hi - I was wondering if you could possibly help me? I have recently recieved a court claim from Civil Enforcement LTD for what i can only assume as an unpaid parking ticket (although the the claim form has no particulars).

    Although the reference date under the particulars of claim is stated as 2015, i have ignored any previous communication (naively, and partly due to not living at the address - parents address). There is no particulars stated on the claim form other than a claimant reference.

    How do i proceed? I have made an acknowledgment of service today with the intention of making a defence also. Only issue is, due to the age of the ticket, and no longer actually living at that address i have no information from CEL. They do go on to say they will send me me detailed particulars in 14 days.

    Can you suggest what my next steps are? My father and I were both insured on the car at the time so i couldn't even say 100% if i was driving, does this make any difference etc? Reading through the thread i seem to think it depends etc

    Any assistance would be greatly appreciated.

    Many Thanks
    Craig

  2. #2
    charitynjw's Avatar

    VIP Member



    Joined
    Sep 2009
    Posts
    12,352
    Mentions
    657 Post(s)

    Default Re: Civil Enforcement LTD Court Claim - Parking

    Hi & welcome to LB.

    Clearly you have to wait for service of the Particulars, but there are a few preliminary things worth mentioning.

    If Particulars are served separately to the claim form, the Claimant must file a certificate of service (form N215) at the court within 14 days of service. It is a fairly detailed form, & is supported by a signed statement of truth.
    CEL might not know this.
    They also need to serve their particulars on you within the 14 days as stated.

    In issuing a claim, the court would expect the Claimant to exercise due diligence in making reasonable efforts to ascertain the correct current address for service, particularly if it relates to an incident which occurred some time ago. People move house.

    Btw, it is wise both in any forum posts & in any correspondence (to courts, Claimant, solicitors etc) not to reveal the ID of the driver at the time of the parking incident.
    To do so could lose you potential technical defence arguments.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  3. #3
    craigb's Avatar

    Junior Member



    Joined
    Oct 2017
    Posts
    5
    Mentions
    0 Post(s)

    Default Re: Civil Enforcement LTD Court Claim - Parking

    Hello - Thankyou for your response. I have now received the particulars of claim from CEL which just states 9 brief points. I'm really unsure how i should approach this from here on out. Any help would be appreciated. I do not have the original PCN but can post the latest PoC if required.

    Any assistance would be greatly appreciated.

    Cheers
    Craig

  4. #4
    charitynjw's Avatar

    VIP Member



    Joined
    Sep 2009
    Posts
    12,352
    Mentions
    657 Post(s)

    Default Re: Civil Enforcement LTD Court Claim - Parking

    Let me guess
    1 Claimant manages car park
    2 Uses ANPR
    3 Lots of signs
    4 Key terms
    5 Acceptance by conduct, cites Vine v Waltham Forest.
    6 Defendant breached T&Cs
    7 Cites ParkingEye v Beavis
    8 No alternative but to escalate
    9 The Claimant claims....
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  5. #5
    craigb's Avatar

    Junior Member



    Joined
    Oct 2017
    Posts
    5
    Mentions
    0 Post(s)

    Default Re: Civil Enforcement LTD Court Claim - Parking

    Absolutley spot on! Do you have any advice or is there any example defences you know of posted on another thread that I could review?

    many thanks
    craig

  6. #6
    ostell's Avatar

    VIP Member



    Joined
    Mar 2013
    Posts
    2,636
    Mentions
    204 Post(s)

    Default Re: Civil Enforcement LTD Court Claim - Parking

    PePiPoo forums have quite a few recent CEL defences.

  7. #7
    OliverJames's Avatar

    VIP Member



    Joined
    Feb 2015
    Posts
    142
    Mentions
    19 Post(s)

    Default Re: Civil Enforcement LTD Court Claim - Parking

    @ostell is correct about PePiPoo and sent me some really useful stuff on another forum, and @charitynjw has been unbelievably helpful in assisting me get my act together upon receiving one of these myself the other week! 5* pair!

    I would recommend reading this post on MSE as well - http://forums.moneysavingexpert.com/....php?t=5735738

    There is loads of really useful forum posts out there, but be sure to read it all as it's quite confusing to a newbie to get their head around...i'm still drowning in it, but feel confident about my case now.

    Lastly, keep the envelope from PoC came in. They backdated the document they sent me by 13 days (document dated 11th, received 24th), and even with Royal Mail over xmas it wouldn't take THAT long to get to me!

    Good luck with everything

  8. #8
    craigb's Avatar

    Junior Member



    Joined
    Oct 2017
    Posts
    5
    Mentions
    0 Post(s)

    Default Re: Civil Enforcement LTD Court Claim - Parking

    Cheers Oliver. Yes, all very confusing to a newbie but reading through all the examples is good. Hopefully I can put a solid defence together

  9. #9
    charitynjw's Avatar

    VIP Member



    Joined
    Sep 2009
    Posts
    12,352
    Mentions
    657 Post(s)

    Default Re: Civil Enforcement LTD Court Claim - Parking

    Just in case you missed it, OliverJB's thread
    http://www.legalbeagles.info/forums/...etter-Received

    You might recognise the PoC!
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

Similar Threads

  1. Civil Enforcement LTD Court Claim - Parking
    By craigb in forum Welcome Forum
    Replies: 1
    : 13th October 2017, 06:14:AM
  2. Defence for Civil Enforcement parking county court claim
    By rlyl in forum PPC's - Parking Charge Notices
    Replies: 2
    : 4th May 2017, 16:44:PM
  3. Replies: 4
    : 8th February 2015, 10:38:AM
  4. Civil Enforcement Parking/ County Court Claim
    By Engineer22 in forum PPC's - Parking Charge Notices
    Replies: 1
    : 21st November 2014, 15:31:PM
  5. Replies: 1
    : 22nd August 2014, 14:53:PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Contact Us



© Celame (UK) Ltd 2017
LegalBeagles® are DPA Registered No. ZA158014
LegalBeagles® is the trading name of CELAME (UK) LIMITED ( 09220332 )
Registered Address: 25 Moorgate, London, England, EC2R 6AY
VAT registration number 206 9740 02
User Alert System provided by Advanced User Tagging v3.1.3 (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd.
Feedback Buttons provided by Advanced Post Thanks / Like (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd. Runs best on HiVelocity Hosting.
Celame (UK) Ltd Powered by vBulletin® Version 4.2.3
Copyright © 2017 vBulletin Solutions, Inc. All rights reserved.

To find out more about managing your money and getting free advice, visit the Money Advice Service,an independent service set up to help people manage their money.

TOP