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CEL claimform - ANPR PCN spurdown carpark


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Please could anyone help.

I’ve received the attached letter.

 

It’s the only letter I have had.

 

I’ve been going through posts on here to try and get some guidance.

But just so worried as I’ve never had anything like this before.

 

I’ve gone online and applied to get extra time.

But I don’t know what I should do.

 

If anyone could point me in the right direction I would be very very grateful.

 

Many thanks

 

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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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Hello and welcome to CAG.

 

We know CEL, I wouldn't say they're anything to worry about. :) It isn't a fine, it's a claimform for a speculative invoice and we'll tell you how to deal with them.

 

When I'm back on my computer I'll post a link to the forum sticky unless someone else does first. If you give us the information requested in that it will help us to advise you.

 

Best, HB

Edited by dx100uk
Edit

Illegitimi non carborundum

 

 

 

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Name of the Claimant ? Civil enforcement ltd

claimants Solicitors: can’t find details of solicitor

 

Date of issue – 19/6/18

 

What is the claim for –

 

 

1. Claim for monies relating to parking charge.

For parking in a private car park managed by the claimant in breach of terms and conditions.

Drivers are allowed to park in accordance with terms and conditions of use.

Anpr cameras and/or Manual patrols are used to monitor the vehicles entering and exiting the site.

Debt and damages claimed the sum of £236.00.

 

Violation date 3/11/17

Time in 17.21

Time out 17.52

 

What is the value of the claim? £ 322.74

 

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 ? Don’t understand this is first letter I have

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

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As the Claim was issued on the 13th June we haven't much time to defend this ridiculous claim.

The first is obviously to complete the questions asked on post 2.

 

Next we need to see a copy of the parking notice you received.

We also need photographs of the CEL notice at the car park entrance along with photos of other CEL signs inside the park as well as a picture of the ticket machine showing the terms and conditions on it too.

 

Please phone the local Council planning dept [southend?] and ask if planning permission has been granted for notices and/or ANPR cameras to be installed there under the Town and Country Act advertisements.

 

They don't usually bother but that in itself should be sufficient to quash their claim if their notices haven't done that already.

 

Please do not reply to these crooks as this might destroy one of your strong points

-they do not know who the driver is, just the keeper who may not be same person.

 

By replying to them you could identify yourself as the driver.

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Issue date is 19th June so you have 33 days in total if defending in full....14 days from and including 19th June to Acknowledge service (which you have done) and another 14 days to submit a defence (20th July Friday by 4.00pm).

 

There is an example defence in the link provided in post # 2.

 

Have a read of other similar threads to get a feel of how to deal with the claim.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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When did you purchase the car that garnered the Invoice? wonder if this is a borked ANPR that got wrong Reg No??

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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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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CEL dont actually attend court and as you can see they have just made up the amount they are claiming as that way they mug who pays up subsidises all their failed attempts to squeeze other people.

 

Can you tall us who has signed the claim form, is it a representative of CEL or it is a solicitor?

This is important not just because they are claiming £50 for solicitors costs that they may not have spent but they have a nasty habit of using the name of a struck off solicitor and that is an offence (as yet unpunished by the criminal courts but many county court judges know about it.)

 

The plus side is get your AOS and skeleton defence in to court in time and I would bet on them dropping the matter well before it gets anywhere near to a hearing date.

 

Use the MCOL to watch the progress dates and if they then fail to pay the hearing fee in time (common) you let the courts service know that you want their claim kicked out ( they usualy get a case management ordr with an unless... start to the letter that forces then to obey of the matter is booted out).

Once you have ack'd the service you can go after them

Edited by dx100uk
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Thank you so much for everyone who has given there time and replied. Really do appreciate your help.

 

It’s the representatives that have signed the form.

 

So would you recommend I reply as per dx100uk suggests?

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have you sent that CPR 31:14 today??

 

dx

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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who is the representative?

Reason for asking is that CEL are a company that are fronted by retadirectors and Ashley Cohen actually owns and runs it without showing his interest via Companies House.

 

Now, that wont change anyones rights in this matter but you can make a complaint to CH about this flouting of the law,

they know about it already but I think that if they received a bucket load of complaints they would be forced to act and that might put an end to future dodgy claims.

 

As Ashley has his hands on many a dodgy parking co's tillers it may be that CEL dont have a contract with the landlord but another one of the companies and this will deal a death blow to the claim as he keeps saying he isnt involved with them and they arent related when it comes to registering his interests

but then tells a court that they are all subsidiaries/connected.

 

.

Thank you so much for everyone who has given there time and replied. Really do appreciate your help.

 

It’s the representatives that have signed the form.

 

So would you recommend I reply as per dx100uk suggests?

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14 days to submit a defence (20th July Friday by 4.00pm).

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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You must file our 2 line def by 4pm tomorrow!!

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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I’ve done the acknowledgement to the court. Is this what you mean?

 

No...stage 2.... submitting your defence.

 

Read my post #10 again.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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You must file our 2 line def by 4pm tomorrow!!

 

So sorry I’m getting really confused. Doing so much reading but getting confused the more I read.

 

Is it the 6 paragraph defence where I’m admitting that I’m the registered keeper?

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post it here and we'll tell you...

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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you had 14 days from the date of the issue to acknowledge the claim and then another fortnight to submit a defence so you MUSt do it today.

 

A simple defence is as follows

 

No monies are owed by the defendant to the claimant as no contract was ever offered so there cannot be a resultant debt.

 

Also the claimant fails to say what the debt is for,

whether it is monies owed as a contractual sum or damages for a breach of contract.

 

they also fail to say in what capacity they are suing the defendant as no notices have even been received regarding the event that lead to this claim and the claimant has failed to follow the protocols of the POFA 2012 so there can be no keeper liability.

 

The defendant is the keepr of the vehicle and denies being the driver at the time.

 

The defendant puts it to strict proof that they were the driver at the time as only that person can possibly have any liability in this matter.

 

The claim fails to fulfil the requirements of CPR 16.4

 

 

 

 

the first line is your defence that you can build on- ie no contract formed and the rest will allow the courts to use its powers to slap CEL about a bit so they either put up or shut up.

Edited by dx100uk
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