Civil Enforcement - now have Court docs

[llerah]

I have received a claim form just as described ,

 

can you advise how to bat this away too .

 

I was not the driver at the time when a car was parked for 2hrs 19 minutes in a co op car park

like hfz googled the company and ignored all previous correspondence

 

i did write the first time but they carried on sending bogus demands

 

Ive received a county court claim form today date of service 21 July from Civil enforcement ltd , I was not the driver at the time a vehicle which i no longer own was parked in the co op car park . I replied to first letter and ignored all subsequent incident occurred 03/05/2012 any advice gratefully received

[ploddertom]

Own thread created

[dx100uk]

2012!!

 

blimey they are scrapping the barrellls

 

can we have the EXACT PoC wording please

minus any pers details.

 

dx

[llerah]

I can't PM yet but send me a pers msg won't be near a scanner until tomorrow am

[dx100uk]

type them up

or use a mobile phone camera

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

http://www.convert-jpg-to-pdf.net/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

or use Primo PDF.

.

try and logically name your file so people know what it is.

though DONT USE BANK NAMES or CAG in the title

i'e Default notice DD-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

you can click on your links to check them too!

.

dx

[llerah]

thanks will do above tomorrow am go advanced !

[dx100uk]

DONT MISS THE AOS DATE whatever you do defend all via MCOL

[llerah]

Postmark says 16.07. recd today 17.07 claim form says date of service 21.07 I intend to crack on with this tmrw and defend all

[armadillo71]

These links may help;

 

 

http://parking-prankster.blogspot.co.uk/2014/03/have-you-received-court-claim-from.html

 

 

 

 

https://www.dropbox.com/s/acpc498g042b0np/CELvMcCafferty_Judgment.doc

[ericsbrother]

May 2012?

 

That is before the PoFA so they have to prove who was driving and they cant.

 

Return the AOS but consider counterclaiming for what they are demanding (less their costs)

for your expenditure as LIP for their misrepresentation and harassment.

 

This will force them to pay the allocation fee and if they dont you win by default.

 

They cannot pursue the keeper of the vehicle so you can say,

when you put in your defence there is no basis of claim and you want it struck out with costs.

 

Post up the wording of their claim as they have written it so we can see where else they have gone wrong.

 

You could do others who have received similar claims a big favour.

 

BTW,

are you a member of the COOP?

 

if so again let us know as you are then their landlord

and they cant sue you in the first place,

even if the PoFA was enacted.

[llerah]

Thanks I am just about to send the claim as an attachment - all help much appreciated

 

Here it is all assistance greatly appreciated esp wording of defence

[dx100uk]

you don't need to file a defence until midnight day 33 from the claimform date top right.

 

have you acked the claimform on MCOL yet? defend all

[llerah]

Sorry I'm not clear about your initials all I did was get this yesterday

[ericsbrother]

AOS=acknowledgement of service. return the AOS ticking the box saying you intend to defned in full.

 

They will then have to pay an allocation fee to continue their claim.

 

you then have32 days from the receipt of the claim to file a defence.

 

This can be a skeleton defence as long as you mentioneverything you intend to rely on such as no contract, keeper not liable, no loss caused etc.

 

MCOL=moneycalim online, the online and bulk porcessing centre in Northampton that issues such claims.

 

POC= particulars of claim.

 

What they have written on the form to claim money from you so it should include whether money owed due to a breach of contract

or a contractual obligation. Just copy everything they say for us to read.

 

PoFA- Protection of Freedoms Act 2012.

Legislation enacted in Oct 2012 that allows parking companies to claim against the keeper of a vehicle if they fail to identify

the driver when asked to within very strict time limits.

 

This does not apply to your case as it was before that legislation.

 

They can only claim from the driver and they have to prove who that was.

 

As it was so long ago they have no chance and you dont have to help them identify who was driving at the time.

 

You can say that it wasnt you or you dont know.

[dx100uk]

I would ack the claim ON LINE at MCOL site

[llerah]

Ok - so i have registered with MCOL to Ack the claim MCOL is asking for claim number and password - I cannot find the password anywhere

[dx100uk]

middle right hand side column at the end of the text in the box box.

 

dx

[llerah]

Ok - I have done some research and here is a skeleton defence example : Feel free to come back to me with suggestions to add based on my Claim form

 

TEMPLATE EXAMPLE

1. It is admitted that Defendant was the owner of [motor vehicle] at the date and time stated in the particulars of the claim .

2. The Defendant is unable to admit or deny the precise times the motor vehicle was parked in [carpark] or who the driver of the vehicle was as he has no recollection of this. The Claimant is put to proof of the same.

3. It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 ???The alleged car parking incident recorded in the particulars of the claim occurred before October 2012 , when the relevant Protection of Freedoms Act were enacted ( any further detail needed here ?)

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] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner.

5. Alternatively, even if there was a contract, the provision requiring payment of [amount] is an unenforceable penalty clause. Following Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd [1915] AC 847, clauses designed to punish a party for breach of contract may only be upheld if they represent a genuine pre-estimate of loss. The provision is a penalty and not a genuine pre-estimate of loss for the following reasons: (a) as the Claimant is not the landowner and suffers no loss whatsoever as a result of a parking overstay; (b) the amount claimed is evidently disproportionate to any loss suffered by the Claimant; © the penalty bears no relation to the circumstances because it remains the same no matter whether a motorist overstays by ten seconds or ten years; and (d) the clause is specifically expressed to be a penalty on the Claimant's signs.

6. Further and alternatively, the provision requiring payment of [amount] is unenforceable as an unfair term contrary to Regulation 5 of The Unfair Terms in Consumer Contracts Regulations 1999. This is a term which falls within Schedule 1, paragraph (e) of the Regulations being a term "requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation". The term was not individually negotiated and causes a significant imbalance in the parties' respective rights and obligations, because the charge is heavily disproportionate in respect of a short overstay and is imposed even where consumers are legitimately using the carpark for its designated purpose.

7. 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.

[llerah]

No i am having a senior moment on the page with the crown or page 2 light brown pages ?

[ericsbrother]

point 3. They cannot comply with the POFA as it was not on the statute books so CEL are making a deliberate misrepresentation to make a gain which is a criminal offence (fraud)

point4.simply say that the keeper of the vehicle has not entered into any contract as they were not the driver and therefor there is no basis of claim.

You can then add that as pont 5 CEL are not in aposition to make such a claim against the driver anyway as they have no locus standi. (then cite cases if you wish but they will have to prove they have a right to claim and they lost that argument at point 3)

[llerah]

Thanks for this - I will amend accordingly I still can't find this Defence pack password urrgggh ?????

[ericsbrother]

You can always send it back in an envelope. MCOL is good if you have several claims, either historic or current but the paper forms allow you to submit more detail if necessary (shouldnt be).

[dx100uk]

end of the important note box front page

[llerah]

still no joy on MCOL - I have out together a word doc and can post or email

here is revised template for perusal - any additional comments feel free :

 

1. It is admitted that Defendant was the owner of [motor vehicle] at the date and time stated in the particulars of the claim .

 

2. The Defendant is unable to admit or deny the precise times the motor vehicle was parked in [carpark]

or who the driver of the vehicle was as he has no recollection of this. The Claimant is put to proof of the same.

 

3. The alleged car parking incident recorded in the particulars of the claim occurred before October 2012 ,

when the Protection of Freedoms Act 2012 was enacted.

 

The Claimant therefore cannot comply with the relevant clauses of the Protection of Freedoms Act 2012

and therefore the Claimant is making a deliberate misrepresentation of particulars of the claim to make a gain.

 

4. The keeper of the vehicle has not entered into any alleged contract as they were not the driver and therefore the claim has no basis.

 

5. The claimant is not in any position to make a claim against the driver as they have no locus standi.

Alternatively, even if there was a contract, the provision requiring payment of [amount] is an unenforceable penalty clause.

 

Following Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd [1915] AC 847, clauses designed to punish a party for breach of contract

may only be upheld if they represent a genuine pre-estimate of loss.

 

The provision is a penalty and not a genuine pre-estimate of loss for the following reasons:

(a) as the Claimant is not the landowner and suffers no loss whatsoever as a result of a parking overstay;

(b) the amount claimed is evidently disproportionate to any loss suffered by the Claimant;

© the penalty bears no relation to the circumstances because it remains the same no matter

whether a motorist overstays by ten seconds or ten years; and

(d) the clause is specifically expressed to be a penalty on the Claimant's signs.

6. Further and alternatively, the provision requiring payment of [amount] is unenforceable as an unfair term contrary to Regulation 5

of The Unfair Terms in Consumer Contracts Regulations 1999.

 

This is a term which falls within Schedule 1, paragraph (e) of the Regulations being a term "

requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation".

 

The term was not individually negotiated and causes a significant imbalance in the parties' respective rights and obligations, because the charge is heavily disproportionate in respect of a short overstay and is imposed even where consumers are legitimately using the carpark for its designated purpose.

 

7. 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.

[llerah]

Evening folks , another scintillating night spent sorting this out - I have emailed my defence and despite the email receipt from CCMCC, belt and braces i am posting it tracked post , so that's it off well within 14 days . Looking forward to getting my directions questionnaire next .