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Civil Enforcement Limited - Claimform Received


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Civil Enforcement Limited claim issued at CCBC It's been acknowledged and notified will defend via NCOL

 

The POC is for 'Outstanding Debt and Damages'and a note 'I will provide the defendant separate detailed particulars within 14 days of service of the claim form'

 

The detailed particulars of claim were received on day 12.

 

They mention Vine v Waltham Forest (2000) 4 ER 169 - When defendant parked they accepted by their conduct the conditions of parking

 

They also point to case of Parking Eye V Beavis Supreme Court Ruling (establish legality of car park operators to charge...)

 

They have added a 'Statement of Truth' and it's signed by their solicitor. They have attached a Schedule of Information which indicates the Site Details and Registration etc the Summary of Terms states it's a Maximum Parking Allowance exceeded

 

I am helping the defendant with this as they have tried to deal with Civil Enforcement directly but got nowhere. The 'Incident' was on 08/04/2015 it's a 5 hour 'stay' but the defendant was over stayed by over 2 hours. The site has a cinema and number of eateries, they were parked for those purposes.

 

I have looked at Received Court Papers From A Private parking Speculative invoice??

 

I will continue to hunt the threads but a defence needs to be prepared, I am going to see the site as I am pretty sure the sinage is rather poor however I wanted to check the following:

 

If the ANPR camera is located at the 'entrance' to the car park even though you would need to drive over 100m to reach the 1st 'space' (or notice) does the parking notice not need to be displayed at the ANPR site??

 

Any other threads or specific help would be much appreciated.

thank you to all knowledgeable people on this site who give their time freely to help

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If the ANPR camera is located at the 'entrance' to the car park even though you would need to drive over 100m to reach the 1st 'space' (or notice) does the parking notice not need to be displayed at the ANPR site??

 

I have been today and the site does have a sign underneath the ANPR camera 'Free Parking Terms Apply' and directions to see the notices. All these signs are very new and whilst it's likely there were signs at the time of the incident it's certainly not clear. Can that point be questioned as part of the defence?

thank you to all knowledgeable people on this site who give their time freely to help

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google earth streetview might have older pixs?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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This is the normal CEL method, issue claim, dont say what it is for and hope that the mug pays up so they dont have to expaim why they have made a claim.

When you defend point out that that there is no basis of claim and the claim is one of thousands made by CEL and are an abuse of the civil procedure rules and vexatious.

Make a complaint to the MoJ as well.

Send in a skeleton defence and say there was no contract offered so no breach could have possibly occurred. Use the signage images later in if need be but I bet this will be dropped once your aos saying you are fighting it goes in.

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