Civil Enforcement Limited

[bluebottle]

Re: Civil Enforcement Limited

Are Uncivil Enforcement still hassling you? From what you have said, this looks like a case of Fraudulent Misrepresentation at the very least. However, Negligent Misrepresentation, under the Misrepresentation Act 1967, which is a civil tort, whereas Fraudulent Misrepresentation is a criminal offence, may be easier to pursue as it turns the onus of proof on the defendant, not the claimant, and the standard of proof is on balance of probability, not beyond all reasonable doubt.

[mystery1]

Re: Civil Enforcement Limited

steve.murrells@co-operative.coop is the email address to use to get rid of it.

If you go to court instead and persuade a judge they were unreasonable you can get costs per cpr 27.14 2 (g).

A harassment case is hard and you'd have to prove they had no right to contact you and that the course of contact was harassing etc see roberst v bank of scotland.

M1

[wales01man]

Re: Civil Enforcement Limited

Its a hand held Camera Its an Automatic Camera?

Where was the picture taken?

Why would the Co-op get involved if the alleged offence was not on their property.

Have the parking company issued CCJ paperwork the OP says Counterclaim?

[mystery1]

Re: Civil Enforcement Limited Claim Form issued for County Court

I am seeking advice on how to fight a case against Civil Enforcement Ltd. I wish to make a counterclaim against them, but do not know what sum of money would be appropriate in the circumstances. I have to pay a fee which varies according to how much I'm claiming for and have to do this within the next few days.
> I wondered if anyone had done this before against Civil Enforcement Ltd. Can you claim compensation against them for falsely accusing you of something that you haven't done?
> My case goes back to 2012. I parked on the public highway in a parking bay which was limited time, 1 hour, and no return. This is under Sheffield City Council Parking and I did not get a ticket from them when I overstayed. Civil Enforcement Ltd sent me the parking contravention in the post which showed my car, the windows looked blacked out, and it was taken by a hand held camera. They claim the picture was taken in the Co-op car park, which is across the road from where I parked, and was taken by an automatic camera.
> They have caused me extreme distress over the years, have harassed and intimidated me and I believe that they should not be able to do this to people. The Co-op Customer Services have been unhelpful, although they admitted that they had numerous complaints about Civil Enforcement, they stated that they could not get out of the contract that they have with them. Customer Services told me that they would phone me back, but didn't. I then sent an email to Co-op customer services, but they haven't responded to that. I am 56 years old and my parents and myself have always been Co-op members, but I do not want to be associated with a retailer who does not take responsibility for the underhand actions that Civil Enforcement use on their customers. I think my case would be useful to the Co-op, because it is evidence of how they operate and would have thought that the Co-op would be interested but I cannot get in touch with anyone in authority.
Do I need to have a solicitor to claim against Civil Enforcement?
> Any advice or help you can give would be most appreciated.
> Thank you

It'll be a fixed point anpr camera that has been passed which monitors a Co-op car park and even though the OP says they were parked elsewhere it appears they went through the cameras to get there.

M1

[stormy]

Re: Civil Enforcement Limited

Why would they take photo of a car parked on the road and claim it was in a car park?
Why would the co-op help when the car was parked in the street?

Yes, I know it sounds bizarre, but that's what they did. They have a contract with the Co-op to manage their car park. I contacted the Co-op to complain about the methods they were using as they are responsible for employing them.

[stormy]

Re: Civil Enforcement Limited

They sent a Claim Form claiming 'Damages arising from breach of contract AND Payment by the Defendant to the Claimant of the total amount £165' I have until the 20th March to dispute and make a counterclaim, but I'm not sure if I need to get a solicitor. If I make a counterclaim against Civil Enforcement I have to pay a fee and have to claim for a specific amount of money. I don't know what sum I should claim for. I feel I have no alternative but to defend myself from a false accusation.

[stormy]

Re: Civil Enforcement Limited

The photo was could not have being taken from a pole mounted ANPR camera because it would have shown me driving. The windscreen is blank. It would be at a different angle, this was taken from directly in front of a parked car, yet they claim it was taken by the ANPR camera. It was taken on the public highway. They are claiming the car was on Co-op property. I have received CCJ Claim Form and if I don't defend it judgement may be made against me.

[McGinty]

Re: Civil Enforcement Limited

Hi -should I start a separate thread for this? I was parked in Wilkinsons car park at South Shields-I was late for an eye test and apart from walking half a mile I didn't have much alternative. I had my works van which is quite a size and could not find parking. It was parked for about an hour and when I returned I found the 'parking charge notice'- which I have posted on here.

Could someone please advise if this is enforceable. I have been reading the thread and am a little confused as to the best way to tackle it.-Cheers Mc

[mystery1]

Re: Civil Enforcement Limited

Hi -should I start a separate thread for this? I was parked in Wilkinsons car park at South Shields-I was late for an eye test and apart from walking half a mile I didn't have much alternative. I had my works van which is quite a size and could not find parking. It was parked for about an hour and when I returned I found the 'parking charge notice'- which I have posted on here.

Could someone please advise if this is enforceable. I have been reading the thread and am a little confused as to the best way to tackle it.-Cheers Mc

Get an appeal in to VCS asap. the 28 day deadline is near. This is the easiest and best way to deal with it. They usually will not allow your appeal but should give a popla appeal and a good one such as this is pretty much guaranteed to win.

Send an appeal to VCS such as




Dear Sirs,




I, as registered keeper, wish to invoke your appeals procedure. The driver did not see any signs. In any event the charges are penal and not a genuine pre estimate of loss.




In the event you refuse my appeal please send me a popla code. I am under no statutory obligation to name the driver and will not be doing so.




Yours etc




http://forums.moneysavingexpert.com/...67&postcount=2 show the winning points at Popla.



To get an email when a post is made to this thread you need to click on thread tools near the top of the page and subscribe to the thread choosing instant email notification.

M1

M1

[mystery1]

Re: Civil Enforcement Limited

They sent a Claim Form claiming 'Damages arising from breach of contract AND Payment by the Defendant to the Claimant of the total amount £165' I have until the 20th March to dispute and make a counterclaim, but I'm not sure if I need to get a solicitor. If I make a counterclaim against Civil Enforcement I have to pay a fee and have to claim for a specific amount of money. I don't know what sum I should claim for. I feel I have no alternative but to defend myself from a false accusation.

What is your case ? Being wrong isn't harassment.

M1

[wales01man]

Re: Civil Enforcement Limited

A pole mounted ANPR cannot be a hand held Camera?
Is there such a thing as a ANPR hand held camera if there is a photo of the car taken with an ANPR would it have certain data embedded in the image?
Something does not add up on this one?

[McGinty]

Re: Civil Enforcement Limited

Thank you M1-mc

[cypermethrin]

Re: Civil Enforcement Limited

OK heard back today on the outcome of my POPLA appeal - huge thanks to all the support I have received on here - expecially to mystery1

The appellant has made a number of submissions, however, I will only elaborate on the one submission that I am allowing this appeal on, namely that the parking charge amount is not a genuine pre-estimate of loss.

In the operator’s case summary it is firstly submitted that the parking charge notice represents a contractual obligation not a genuine pre-estimate of loss. The operator has then submitted in the alternative that if the sum does, in any case, represent a genuine pre-estimate of loss, the operator’s list of costs be taken to represent this. However, the charge must either be one for damages as submitted by the appellant, or consideration - the price paid for parking - as first submitted by the operator. I find that if the operator has firstly submitted that the parking charge reflects consideration, the operator cannot then submit that the charge is a genuine pre-estimate of loss.

Accordingly, the appeal is allowed.

The Operator should now cancel the parking charge notice forthwith.

[Kensei]

Re: Civil Enforcement Limited

So I come seeking some help.

I received today a Parking Charge Notice from Civil Enforcement Ltd for £100 (14 day discount £60) for a car park at Junction One Retail Park in Rugby. According to the PCN the car park has a 4 hour free parking with no return. I have to say I have used this car park 1-2 times a month for the last year a I have never seen a sign or notice of a free parking limit. This PCN is for Easter Saturday when the the car park was possibly 20-30% full the PCN states I was there 19:05:48 till 23:28:57 so possbily an extra 00:23:09 minutes. I find £100 to be wildly unreasonable so I wanted to check for some advice here about appealling it and if anyone thought it would be successful.

Would I be right in saying that I appeal directly to CE and then when they reject that appeal via POPLA with the following letters

to CE:

"Dear Sirs,

I, as registered keeper, wish to invoke your appeals procedure. The driver did not see any signs. In any event the charges are penal and not a genuine pre estimate of loss.

In the event you refuse my appeal please send me a popla code. I am under no statutory obligation to name the driver and will not be doing so.

Yours etc"

and the to POPLA with and editted letter from this link

http://www.legalbeagles.info/forums/...-Appeal-Letter

though I'm not yet sure what to edit out yet. Posted and emailed to this organisation

http://www.popla.org.uk/default.htm

Any comments and help before I do this, I am also going to the car park in question tomorrow to check if there is any signs and notices etc. I have never noticed anything, even though my girlfriend remembers something about 4 hours parking on a board in the cinema we went to that night (why a notice would be there and no where else I'm not sure)

thanks

K

[mystery1]

Re: Civil Enforcement Limited

:okay:

The edit is the company name and anpr if it doesn't apply. If your not sure if something applies leave it in as it probably does but you just don't understand it which for popla doesn't matter.

M1