County Court claim from CIVIL ENFORCEMENT LIMITED Please help :)

[MrsMe]

Hi All,

Back in March 2013 I went to my local co-op with my disabled mother and new born baby. I dropped my mother off at the front of the store as she struggles to walk and parked at the rear of the shop in the co-op customer car park. My baby was only a few weeks old and im a first time Mum so as you can imagine it took me a while to get myself and the baby ready to go into the store (Pram was a nightmare to assemble) We then went in to do our shopping and it took us a while due to my Mother being disabled.

Few weeks later my husband (he is the registered keeper) received a PCN I looked online and the general advice was to not pay these people and ignore all correspondence. So I went with this advice. My husband has since received probably around 3-4 letters and just recently a bailiff letter with I also ignored - he has now received a claim form from the Northampton county court.

We have just written a letter to Co-op as advised on other forums explaining the situation.

Please help as we want to dispute the claim but haven't got a clue on where to start or what to say???

Many thanks in advance

PS. parking was for 1 hour but we were in the shop 1 hour and 30 minutes.

[Wombats]

Re: County Court claim from CIVIL ENFORCEMENT LIMITED Please help

The first thing you need to do is log on to the MCoL site and file acknowledgement of service which should be done as soon as you can. This will give you until about the 15th June (those more knowledgeable will give you the exact date if I'm wrong).

Try to go into the store (with baby) and speak to the manager, explaining what happened, how often you shop there etc.... and ask if they will help. While there get photographs of signage etc.... and in the meantime post up the particulars of claim.

There are very few of these which succeed in court if defended properly, and there are people here who can help you.

The advice to ignore used to be correct, but that changed some time ago now.

[mystery1]

Re: County Court claim from CIVIL ENFORCEMENT LIMITED Please help

steve.murrells@co-operative.coop if the instore people won't help.

M1

[MrsMe]

Re: County Court claim from CIVIL ENFORCEMENT LIMITED Please help

Hi,

Thank you both for your advice.

My claim form actually has the date 16 May on it so would it be 14 days from this date? I'm also off on holiday on Saturday so a bit worried of what will happen while im away.

I've tried to log on to the MCol website with no luck its saying incorrect username and password?? I've tried all different combinations but its just not working???

I will send him an email now.

And take the baby and my mother in store tomorrow as we shop in there often anyway.

Thanks K

[mystery1]

Re: County Court claim from CIVIL ENFORCEMENT LIMITED Please help

16th on form + 5 days for service + 14 days to acknowledge + 14 more once acknowledged so i make it acknowledge by 4th and defend by 18th.

Password is case sensitive and be careful of 0 & o/O.

M1

[MrsMe]

Re: County Court claim from CIVIL ENFORCEMENT LIMITED Please help

Ok I wont be back until 15th Will there be a lot for me to do to defend the claim?

Should I just send the form off tomorrow? I still cant get on for some reason????

[mystery1]

Re: County Court claim from CIVIL ENFORCEMENT LIMITED Please help

It's almost certain you are using a wrong digit in the password. However if you can't get it then yes post it off. Make a copy and get a receipt though.

You can get a defence quickly if it's needed but the Co-op have been good at paying them for you, certainly at HO level.

M1

[mystery1]

Re: County Court claim from CIVIL ENFORCEMENT LIMITED Please help

http://www.legalbeagles.info/forums/...ase-help/page2 (note i initially used the wrong email here)

http://www.legalbeagles.info/forums/...lls#post422276

M1

[MrsMe]

Re: County Court claim from CIVIL ENFORCEMENT LIMITED Please help

Would it be the number with the barcode first and then the password the CCMCC Date number?

Here are the particulars of claim -

1. The claimant has a contract with the co-operative group limited of 1 Angel Square, Manchester, M60 0AG to manage the car park at ADDRESS OF CARPARK
2. The car park is private property. The claimant uses automatic number plate recognition (ANPR) cameras within the car park. APNR cameras work by capturing images of the text displayed on vehicles number plates.
3. In the car park there are many clear and visible signs displayed advertising drivers of the terms and charges applicable when parking in the car park. Drivers are permitted to park in the car park in accordance with terms displayed on the signage. These signs constitute an offer by the claimant to enter into a contract with the drivers.
4. The claimants ANPR cameras recorded the defendants vehicle, registration number ******** in the car park.
The defendants vehicle entered the car park DATE at 10.39 and left the car park on DATE at 12.13
The vehicle had been parked in the car park for ! Hour 34 minutes
5. When the defendant parked their vehicle in the car park they accepted, by their conduct, the claimants offer as set out on the signage.
Consequently, a contract was formed between the claimant and the defendant.
6. As a result of the defendants conduct a charge was incurred.
7. The defendant has not paid the outstanding charge.
8. Costs escalated further as a result of non payment.
9. Further the claimant claims interest pursuant to section 69 of the County Courts Act 1984 on the amount.


Amount claimed - £130
Court Fee - £35
Solicitors costs - £50
Total amount - £215
Found to be due to the claimant at such rate and for such period as the court thinks fit.
AND the claimant claims
1. £130
2. Alternatively damages for breach of contract
3. Alternatively to 1 and 2 above damages for trespass
Interest pursuant to section 69 of the county courts act 1984 to be assessed.


:tinysmile_hmm_t2:

[mystery1]

Re: County Court claim from CIVIL ENFORCEMENT LIMITED Please help

Would it be the number with the barcode first and then the password the CCMCC Date number?

No. The password is on the right where it says "you will need the claim number (see above) and the following password xxxxxxxxxxxxx"

M1