Crikey just read the N244 application form letter and there is a cost of £255 to request a strike out - looks like that won't be an option now !

hi quick update, defence lodged and confirmation received. no response to CPR31.14 request. Following letter to strike out court have sent me a strike out application form N244 that I will fill in. Guess just a case of waiting now. thanks for all your help so far.

Hi just preparing defence to file on 9th July do you think this covers everything we need to ? We haven't been to take pictures of the signage on site (quite a distance for us) do you think we should do this before submitting defence or is it not relevant at this stage ? Thanks It is admitted that Defendant is the registered keeper of the vehicle in question. However it is denied that the Claimant has authority to bring this claim on the following grounds:- 1. The Protection of Freedom Act 2012 Schedule 4 has not being complied with. The registered keeper has not been proven as the driver, as such the keeper can only be held liable if the claimant has fully complied with the strict requirements. 2. The proper claimant is the landowner. Strict proof is required that there is a chain of contracts leading from the landowner to CIVIL ENFORCEMENT LIMITED. 3. CIVIL ENFORCEMENT LIMITED are not the lawful occupier of the land. (i) absent a contract with the lawful occupier of the land being produced by the claimant, or a chain of contracts showing authorisation stemming from the lawful occupier of the land, I have the reasonable belief that they do not have the authority to issue charges on this land in their own name and that they have no right to bring action regarding this claim. 4. It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] (TCC), any contract requires offer and acceptance. 6. The Protection of Freedoms Act does not permit the Claimant to recover a sum greater than the parking charge on the day before a Notice to Keeper was issued. The Claimant cannot recover additional charges. The Defendant also has the reasonable belief that the Claimant has not incurred the stated additional costs and it is put to strict proof that they have actually been incurred. 7. The provision is a penalty and not a genuine pre-estimate of loss for the following reasons: a) The claimant is not the landowner and suffers no loss whatsoever as a result of a vehicle parking at the location in question b) The amount claimed is a charge and evidently disproportionate to any loss suffered by the Claimant c) the penalty bears no relation to the circumstances because it remains the same no matter whether a motorist overstays by ten second or ten years. 8. Save as expressly mentioned above, the Particulars of Claim is denied in its entirety and is an exact copy of particulars of claims sent to other claimants at different locations nationwide. It is denied that the Claimant is entitled to the relief claimed or any relief at all. 9. CEL have failed to show cause for action by way of sight of planning permission for their signage under the Town and Country Planning Act 2007 and a contract between themselves and the landowner assigning the right to enter into contracts and make civil claims in their own name by way of a CPR 31.14 request. 10. The signage displayed is prohibitive rather than contractual therefore no contract has been formed to be broken. PS sent request to strike out to court on 5th July

Yes understood, trying to get my head round it all sorry. Leaving strike off request until 3rd July allowing the 14 days. Will do some more reading then draft defence ready to file at last minute.

Thanks ericsbrother, I'm just about to do letter to court requesting strike off. No response yet from CPR 31.14 they signed for it on 19-6. The driver is the registered owner in this case do I still mention no keeper liability ? Should i leave until nearer to 10th July to submit defence ? Thanks

thanks - i will do that, I had thought it was just a standard format they issue to anyone as the only details they have put are on the 'schedule of information' but not sure how true the arrival and departure times are I guess they could have made them up. If it did end up in court they would have to prove the arrival and departure times wouldn't they ?

Hi all particulars of claim received by standard post this morning, does this change anything ? CEL Particulars of Claim.pdf

Claim acknowledged and selected defend all. CPR 31.14 going tomorrow by recorded post. Do I have to wait for the 14 days they have to respond to CPR request to ask for the claim be struck out by the court or can i still do this on the 22nd June which is only 7 days, looking at other posts it seems I should wait for the 14 days to be up on the CPR request ?

thanks will get going with all of that

Hi ok thanks, should I still acknowledge and defend and then write to ask for claim to be struck out ?

thanks will have a look

Name of the Claimant CIVIL ENFORCEMENT LTD Date of issue – 08 June 2017 Date to acknowledge = 26th June date to submit defence = 10 July What is the claim for – "Outstanding debt and damages Ref no and date of parking £236.00 Total Due £236 The claimant claims the sum of £251.83 for Outstanding debt and damages including 15.83 interest pursuant to S69 of county courts act 1984 Rate 8.% PA from dates above to 7-6-17 Same rate to Judgment or (sooner) payment Daily rate to Judgment 0.05 Total debt and interest due 251.83 I will provide the defendant with separate detailed particulars within 14 days after service of the claim form." No location given on the claim form but looking at chase up letters the location was Frognal Court, London, and was because authorised vehicles only What is the value of the claim? £251.83 Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? CEL Were you aware the account had been assigned – did you receive a Notice of Assignment? NO Hi all Hope you can help my husband has received a claim form for a ticket we ignored last year thinking they would go away, I'm in trouble now for ignoring it but hope you can help with the best way to dispute the claim He was visiting a property in the area he parked for work and we are unsure who owns the land to check if he would have been 'authorised'. We didn't keep the original notice so don't have the original photo which looked like it was taken by a person on a phone and they haven't put any details on the claim form. I can plan to go back there to take pictures of signage if needed. Thanks in advance

ok , so i should write to them and ask them to amend based on the DMP starting in 2005 do you think ?

Right, I started the DMP in 2005 which may or may not be relevant

Hi, they didn't ever mark the account as defaulted they just list the 6 month status going back the 26 months

Hi all Ive finally managed to clear all my debts, however I still can't get 'normal' credit, having checked my file the only negative info is from barclaycard who last updated December 2011 and for the 26 months prior to that they have reported a status code 6 every month. I think they did this retrospectively when they transferred the debt to Cabot in December 2011. My question is am i able to ask them to remove the status updates as I was on a DMP which during Dec 2009 and December 2011 i was making the agreed payments. During may 2009 & Nov 2009 i was making token £1 payments but still on DMP. Or do I have to live with the status 6 as the payments weren't actually the amount agreed in the original credit terms ? Your help would be appreciated I am trying to prepare myself ready for mortgage applications next year. Thanks

Great ok. Yes i am paying SLC/Thesis about £12 a month between them and yes when I started with Payplan debts were assumed so have never cca'd any of them. Do student loans from 97/98/99 operate under the consumer credit act ? i.e. if they can't comply with CCA i can stop paying ? One more question if I CCA and they can't comply and I stop payments can those that haven't already go back and default my file or mark payments as late ? Thanks

Hi all, I really need some in help in how to tackle some old debts pre 2006 that have have been paying on a DMP with Payplan since then. I need to improve my credit file as we want to move house next year. This year the plan was to slowly offer full and final settlements and get them all cleared one by one as we can. I hadn't checked my credit file for ages but was surprised that my score was actually good probably because the debts are so old. But there are some that are still updating my file and i have two defaults and 2 showing payments were late but settled. The debts are as follows: Barclays Partner Finance (ex lewis group) not showing on file. Cabot Financial x 2 ex barclaycard on file but showing as satisfactory however the old barclaycard accounts are the ones showing settled but 6 months late payments. Capital One Default on file sept 08 I suspect this default will disappear this year ? HBOS overdraft not on file. Link Financial (Thesis Servicing) ex student loans not on file. Student Loans Co not on file. London Scottish Finance Ltd showing as Hoist Portfolio Holding 2 Ltd ex Cahoot Card default on file June 08. Tesco Bank which is the biggest debt who I pay directly on an agreed amount per month. I need some advise on how to go about it and what sort of settlements I would need to offer which companies. Is there a way of getting the Barclaycard late flags to come off the file or do I need to wait the 6 years ? They only marked it as settled in dec 2011. Thanks in advance