With reference to the cpr 31.14 should i also ask for a copy of their KADOE agreement with the DVLA?

says nothing about counterclaiming???

I wouldnt worry about KADOE at this stage that s for later p'haps

just sent the cpr as is

sorry it wasnt the link on post 2, it was 24 and this link https://www.consumeractiongroup.co.uk/forum/showthread.php?478045-CEL-Data-Protection-Breach

what do i put in defence?

That they did not adhere to pofa and acquire the details within the 14 day time limit??

where does it say anything about needing to file a defence before day 33??

not heard of anyone doing it again...counterclaiming..

not sure iit costs you too now?

question for you, HOW is the claimform signed off? It must have a NAME so who has signed it on CEL's behalf.

The claim is so vague as to be almost impossible to work out what they are claiming for.

As they use ANPR they cant add costs to the amount stated on the NTK and they are claiming from you in what capacity?

These are things to make note of in your short defence, we will help you with putting that together with the failure to create a keeper liability under POFA.

It may be enough to see off the claim by forcing a case management hearing and they wont attend that so game over.

So in the meanwhile get soem pictures of the signage popsted up. We need to see the entrance from the public highway whther there are any signs there or not and pictures of any different signs around the place and of the payment meter if there is one.

onthe claim form where it says signature its just got civil enforcement ltd and (claimants legal representative) underneath

where does it say anything about needing to file a defence before day 33??

Just thinking ahead

So not signed by a real person..so we know who thats is then!!

Naughty....

ok mcol done

cpr to be sent tomorrow

ok CPR sent (recorded delivery)

when did you send the CPR? the idea of doing this was to get them to show their hand (or not) within the time that you have to submit your defence. By sitting on it for a week you are then cutting it fien to get the response included in your outline defence.

Anyone reading this thread is warned that when you get a claim form you acknowledge straight away and send the CPR31.14 request immediately or there is little point doing so.

Now, when they dont answer ( none of them do) you can state that you dont believ that they have the necessary contracts and permissions and how they ahve failed to show locus standi and a cause for action against you.

In your case you also state that they havent filed a correct claim as there is no sig on it, the claim itself is inadequate as it doesnt say why you owe money, is it for a contractual obligation or a breach of contract and also it doesnt say in what capacity their are claiming from you as there is no keeper liability under the POFA and you werent the driver at the time and they know this.

Hopefully this gets readbefore the court admin set a date for a hearing because then the judge will order them to show all of this via a case management hearing or order. CEL wont attend or obey and then you can get on with the rest fo yur life.

If the paperwork just gets chucked in a file and isnt read until the night before the hearing then you will be forced to spend more time on this but as CEL is well known for abuse of process and the court system it is likely that you wont actually have to attend a hearing

cpr was sent on the 10th due to ill health

Ok just to sum things up to save looking back and forth through posts.

The event took place 05/04/17

date on NTK 03/05/17

Date received by us 05/05/17

Letter from DVLA confirming that the data was not requested by CEL until 28/04/17

we then sent in an appeal to cel

24/05/17 letter received to say appeal rejected by CEL and to appeal to POPLA.

In the appeal to POPLA my daughter admitted to being the driver

POPLA rejected the appeal

Then we started to receive demands for payment

in July we sent a DPA section 10 request for them to stop processing which was ignored

May 18 we received demands from ZZPS followed by QDR Solicitors

Then October 2018 we received the court papers

pointless sending a section 10 notice, we didn't and do not ever advise sending that.

probably another reason why they though this will be an easy win in court as with naming the driver and sending a section 10 notice, its reasonable for them to assume you aint got a clue what you are doing and didn't research things properly..so might give in wet yourself and pay when a court claim landed.

dx

ouch lol

Once you realised that the NTK was too late you should have stopped corresponding with anyone until you got a lba.

So, who has been issued the court claim, keeper or driver? You may have already said but make it clear and if it is the driver then use that term not my daughter or we.

You have to stop saying we as you are not conjoined twins and the 2 people involved have very different liabilities and CEL suing the wrong person will get them nothing but a costs order.

My Daughter is both keeper and driver

I have just been helping her on here and with letters etc as if she had sent them herself

OK so what defence do i put in and (im guessing) i take that to the local court and do i have to send a copy to cel?

due Friday by 4pm.

plenty of PCN claimform threads here to read

use the search cag box of the top red toolbar

is this ok

Case No XXXXXXXX Civil Enforcement Ltd V XXXXXXXXXXXXX

 

1. It is admitted that Defendant is the recorded keeper of [XXX XXX].

 

2. It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 Sch 4. Section 9 (5)) in that it did not arrive within the relevant period (14 days from the day following the parking event). The information was not requested from the DVLA until 28/04/17 23 days after the incident on 05/04/17 (letter from DVLA attached)

 

3. It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 Sch 4. Section 9 (2)(e) It does not “invite” the keeper to pay the charge and states that they “require” payment.

 

4. On the 25/07/17 I received a letter stating that the outstanding balance was £100.00 (copy Attached). On the 28/07/17 I wrote to the claimant (copy attached) asking for a copy of their KADOE agreement with the DVLA, a copy of their agreement with the landowner and a copy of their code of conduct in order to ascertain if their claim was correctly/legitimately issued in order that I may make payment and have not received this information, therefore, any costs after this date are wasted costs due to the claimaint.

what I cant se on this thread is a copy of the signage at the site.

As they are saying that there is a breach of contract for overstaying we need to see what was offered to address this point.

All of the arguments about the exact wording of the POFA is lost on many judges so something substantial from another direction will be needed to make the whole lot compelling.

You have some points to sue such as they have failed to show thye have authority to enter into contracts and to make civil claims, they havent followed the protocols of the POFA so their demand hasnt created any liability as they dont state who the creditor is, lack of planning permission for their equipment, breach od CPR by failure to state who the claimamnt is on the N1 summons.

Now despite any of these ebing theoretically enough to cause the claim to fail some judegs will have the mindset that a contractw as entered into and the money is owed regardless of law breaking , we have seen it happen many times before so you need soemthing they understand as well as being right.

sorry not sure what you mean can you explain a little further please

sorry i have no knowledge of this sort of thing

we need to see images of the signs there so we can help determine whether there was a breach by seeing what their terms were.