Parking Charge Civil Enforcement Notice Debt collectors at the door!

[Gowaway]

Hi all,

I am in receipt of one of these unlawful parking charges from the company Civil Enforcement Ltd. after my company car was parked at the Gerrard shopping center, Ashton In Makerfield.
I responded with a letter stating that: The car involved is a company pool car and that we cannot ascertain who was driving it on the day of the alleged offense.

I received the standard reply that this is of no consequence and that I have an extra 14 days to pay, (how generous).

I simply ignored all the other letters until a debt collection firm arrived at the office, they were informed to politely leave as nobody knew what they actually wanted or what offense the original fine was for.

I am now on to my 3rd letter from the debt collectors Newlyn, threatening that the debt £238.13 may be registered with the county court!

I have read some of the threads relating to "Parking Charge Notice", in particular Peter Alan`s, and have gained a massive amount of comfort and knowledge, however I did not read of anybody having debt collectors being involved and what the ramifications they can bring, i.e. are Civil Enforcement Ltd more likely to pursue somebody through court action due to the fact that they have incurred further costs to these debt collectors?

I could do with some sound advice / support as I apparently have 14 days to respond from the last letter dated 7/4/08!

I have attached the letters for your viewing.

Regards

Gowaway

[**Tilly**]

Hi and welcome to cag

I have asked for your thread to be moved to the approprate forum, where you get
all the help you need. Good luck.



Tilly

[rory32]

Hi and welcome to CAG. I have moved your thread to the Parking / Traffic Offences Forum where you should receive plenty of help and advice.

[pin1onu]

Hi, Welcome to the forums.

CEL and Newlyn are no strangers on these forums.

It sounds like you're on the right track.

If you haven't done so already have a read of this guide located in the stickies section of the forum. Then have a read of the template letters in the same section.

The assertion that you still have to pay is nonsense. The contract is with the driver.

Now as to Newlyn. They are a debt collection agency. They write threatening letters for a living. Basicially they try to intimidate anyone and everyone into paying up. This is just a threat. Under OFT guidelines if they discover a debt is disputed they are obliged to refer it back to their principal CEL.

So using the template letters fire off a letter to Newlyn saying the debt is disputed.

Be prepared for a few letters from them and probably CEL as well. They will probably offer you further chances to pay before they are finished.

I don't recall anyone posting here being taken to court by them. Have a trawl through this thread and you'll get the picture. civil enforcement ltd again.

One thing to be aware of is that some PPCs and DCAs will issue unregistered court papers in an attempt to bluff you. Make sure they have actually filed a claim. Look for the court seal. You can also check with the court.

These things rarely see a court room as they usually run a mile when they see a valid defense. Recently another company, Excel, attempted county court action in Mansfield. They lost on the basis it was a penalty charge. While the decision is non-binding on other courts it is comforting to note that this approach has been successful.

However it rarely comes to court.

If you have any questions post back.

[Gowaway]

Hi all,

Thanks to pin1onu, this has given me the reassurance that I need to fob these crooks off

I am now filling in a reply to Newlyn using the standard letter mentioned.


Once again thank you and keep up the good work.

[Barnsley Boy]

goodonyou gowaway!


Really you've answered your own question. The first letter from CEL was back in January. That gave you 7 days to pay or face county court. CEL, didn't do that but instead employed debt collectors who now, some 4 months later, give you 14 days or face county court.

It is a broken record, some loss of credibility me thinks.

Not heard of any CEL court cases and doubt that you will be the first. Let them spin!

[Julian Fiddlepot]

And everyone says the debt collectors just make empty threats. When will you lot learn?

[Barnsley Boy]

I've learned alot. I've ignored 2 of these BS unenforeceable personally and I've helped immediate family & friends with a further 8.

That is 10 nil against the PPCs. If there was any credibility to them then surely 1 of the 10 would have gone to court?

DCA with warrant from the court = problem
DCA with BS PPC "Parking Charge" = no problem whatsoever

So simple even a brain dead troll can understand it.

[battyboomboom]

We did learn. We learnt the debt collectors just make empty threats, when you look at the amount of debt collectors letters and the amount going to court.

I'm sure anyone with a brain (feel sorry for you Julian) can work out which amount was greater.

[Gowaway]

Originally Posted by Barnsley Boy

goodonyou gowaway!


Really you've answered your own question. The first letter from CEL was back in January. That gave you 7 days to pay or face county court. CEL, didn't do that but instead employed debt collectors who now, some 4 months later, give you 14 days or face county court.

It is a broken record, some loss of credibility me thinks.

Not heard of any CEL court cases and doubt that you will be the first. Let them spin!

Cheers Barnsley Boy,

I have taken a massive amount of support from this forum and carry on the fight with renewed vigour.
I am also thinking of sending a letter to my local MP (Ian McCartney), and local paper, does anybody think it is worthwile? any suggested wording or should I point them in the direction of the CAG website?

Regards

Gowaway

[penelope pitstop 23]

Hi goaway

I too am being harassed by Newlyn. I am surprised you had people come round... did they give you any warning that they were going to turn up?

[djweeble]

There will be the odd few that do get visits from these cr**ks, but it's the very odd FEW.

Best thing to do when/if they call is to politely invite them to F.O & die but if they do decide to hang around, don't be affraid to pour something wet and smelly out of an upstairs window, a bottle of vinegar usualy has the desired effect

[demon_x_slash]

Remember, unless they have a court-sanctioned warrant, they're debt collectors, not bailiffs. Debt collectors can do sod all except ask you (politely, ha!) for money. It doesn't matter if debt collectors turn up anywhere - until there has been a court case with a judgement in their favour, they can do naught but whistle...

[pin1onu]

Originally Posted by demon_x_slash

Remember, unless they have a court-sanctioned warrant, they're debt collectors, not bailiffs. Debt collectors can do sod all except ask you (politely, ha!) for money. It doesn't matter if debt collectors turn up anywhere - until there has been a court case with a judgement in their favour, they can do naught but whistle...

Exactly If they wont leave phone the police. Tell the cops that some stranger is demanding money with menaces.

If anyone is fearful of a DCA turning up uninvited you should write to the agency concerned withdrawing the common law permission to call on you.

You could also threaten them with court action under the Protection from Harrassment act and/or the Administration of Justice Act Section 40.

[Gowaway]

Hi PP23,

Newlyn debt collectors turned up at my office unannounced, I was not in at the time but the office manager politely took down all their information and said she would look into it,with that they left. She phoned them immediately and told them she would look into it (I must point out that the office manager was unaware of any of the previous letters as I was dealing with it, and so would have come as a genuine surprise to her), also no threats or demands were made by the person from Newlyn.
This was all followed up with the usual standard letter (see letter No.6).

I must admit that the debt collectors turning up was a surprise, and did cause me to waiver as whether just to pay the fine now at £238, however, they probably take an educated guess that certain people will be available in working hours, especially as this ticket was addressed to my company and not any individual in the company, due to the car being a company car.


I have read a number of the threads with very few receiving a visit from these nice people, that is why I thought I would post the original thread.

I personally am not concerned anymore, they can send as many letters as they like, they are only wasting money on postage!, however I do feel concerned for some of the older generation who will just pay up in the first stage, or may buckle at the latter stages.

Hope this helps.

[abdles]

The advice on this site works. I have followed it. I have had three tickets on three different cars on the one site. I wrote to the debt collection agency saying I disputed the facts my car was parked there, could they provide proof but also saying that there are other people driving my car/s (my car, my father in laws car and a work vehicle) but I am unable to provide their details. I informed them I would not reply to any other letters concerning this apart from summons from a court with a court date! I have not heard another thing from them.

I think the key point to stop a debt collection agency is to tell them in writing, by registered post, keeping copies, that you dispute the ticket and will not entertain paying it. This allows you to ignore them unless they do up their game legally which is unlikely as these tickets are legally unenforcable.