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About Savage997

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  1. Hi all, Happy new year, I've now been offered mediation, would you guys recommend using this, it states it's not recommended for those who don't want to compromise on payment so I'm not sure if it's suitable for me. Cheers
  2. Hi chaps, So, defense wise something along the lines of: Accompanied by a letter stating that CEL have failed to show a cause for action, therefore I request the case to be struck out as it has no prospect of success. Apologies for constantly requesting clarity, I have no experience in court proceedings and the like, Once again many thanks for your assistance.
  3. Its now been over 14 days since my cpr 31.14 request and I haven't received the documents requested, only the POC, does this mean I can now submit a CPR 16.4 as they haven't followed process? Many thanks.
  4. So, timeline of events so far. 14 Oct 16 - Claimform 21 Oct 16 - CPR 31.14 sent (See below for copy) - Not all details requested have been provided? 25 Oct 16 - CPR 31.14 received and signed for. 27 Oct 16 - Particulars of claim/ two further documents recieved (See attatched) 1 Nov 16 - Car Park pictures taken (see attatched) CPR 31.14 Letter: "Dear Sir or Madam, Re: CIVIL ENFORCEMENT LIMITED v XXX XXX Case No: XXXXXXXX CPR 31.14 Request On 20/10/2016 I received the claim form in this case issued by you out of the Northampton County Court. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim all of your claim. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) mentioned in your Particulars of Claim: 1. Proof of assignment from the landlord to create contracts and make claims in your own name, 2. Proof of planning permission granted for signage under the Town and Country Planning Act 2007, 3. The contract between CIVIL ENFORCEMENT LIMITED and the landowner that assigns the right to enter into contracts with the public and make claims in their own name, 4. Copies of the notice to driver, 5. Notice to keeper and any other correspondence from CIVIL ENFORCEMENT LIMITED, VCS or Gladstones to the defendant. 6. Detailed particulars of claim. You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm in your response. Yours faithfully, XXX XXX " See PDF version attachments PDF complete.pdf
  5. Hi all, thank you for your replies, I shall upload pictures of parking signs tomorrow, along with the N1 claim form. Are there any suggested templates for complaint letter to solictors regulation authority? Also on the N1 form Swartz hasn't signed anything it's just his name typed with "(Claimants Legal Representative)". See above photos for Shleys signature. Many thanks.
  6. Hi all, Please see attached above, I have sent the CPR 31.14 and it was signed by them on 25 Oct 16. Will have a more detailed post later tonight (Currently using phone) Many thanks. CEL POC.pdf
  7. Ok so I'm going to: - Send CPR 31.14 (Send to CEL) - Send letter stating case should be struck out under CPR 16.4 (Send to CEL) As for the signature it is signed by typed out writing: Signed Mr Michael Schwartz (Claimant's Legal Representative) Once again, many thanks for your help.
  8. I do mean a Claimform* I will get onto that at once. Will update once a reply has been received. Many Thanks.
  9. Hi All, I have received a CCJ from CIVIL ENFORCEMENT LIMITED after parking in a Worcester Leisure centre car park in early February 2016. I was a member at the establishment at the time (I have contacted them, merely stated they didn’t manage the car park), the car park uses ANPR cameras to record all incoming and outgoing vehicles, no barriers. I make no comment on the driver of the vehicle on said date. I received the NTK, followed by follow up letters, followed by a solicitor letter. I have since destroyed all of which. The claim is for approximately £325 Amount Claimed: £250 (Rounded up) Court Fee: £25 Legal representative’s costs: £50 Total: £325 QUOTE from Claim for - “Particulars of Claim: Outstanding debt and damages DATE—DESCRIPTION—AMOUNT—DUE DATE **/02/16 Ref ********** 236.00 **/02/16 Total Due- 236.00 (Ref: www .ce-service.co.uk or Tel:01158225020 The claimant claims the sum of £250 for Outstanding debt and damages including 12.83 interest pursuant to S.69 of the County Courts Act 1984 Rate 8.00% pa from dates above to- 13/10/16 Same rate to Judgment or (sooner) payment Daily rate to Judgment- 0.05 Total debt and interest due- 250.00 I will provide the defendant with separate detailed particulars within 14 days after service of the claim form.” I have looked over a few threads on the forum and drafted an initial defence as seen below. Any and all help/advice greatly welcomed and appreciated. 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. The terms and conditions displayed on the signs at the entrance to the the site in question were unclear and not prominent on site/around the areas in question, so no contract has been formed with driver(s) to pay £100, or any additional fee charged if unpaid in 14 days 5. No sum payable to this Claimant was accepted nor even known about by any driver; as they were not given a fair opportunity to discover the onerous terms by which they would later be bound. 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. Even if they have been incurred, the Claimant has described them as "legal expenses". These cannot be recovered in the Small Claims Court regardless of the identity of the driver. 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 and is therefore unconscionable. 8. This case can be easily distinguished from ParkingEye v Beavis which the Judges held was 'entirely different' from most ordinary economic contract disputes and CIVIL ENFROCEMENT LIMITED have not shown any valid 'legitimate interest' allowing them the unusual right to pursue anything more than a genuine pre-estimate of loss. 9. Save as expressly mentioned above, the Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. I have ACKNOWLEDGED the claim online and have until 14th November to provide a defense. Let me know if there is any further details or information I can provide to strengthen my case. Many thanks!
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