CEL ANPR PCN Claimform - Overstay - Portwood Court in Stockport ***Claim Discontinued***

[nssimpson]

I called the business centre that M&F were located at and they advised me to call BCWM, which I did.

 

A lady spoke to me and said she didn't have any information to hand so I'd have to email them my request. She asked me to provide as much info as possible including my full info so being vague might not be an option.

 

What do you think of me putting the following:

 

Dear XXX

 

It was lovely talking to you earlier. As discussed, my query is in relation to the following piece of land owned by M & F Finance (Ireland) Ltd, which I believe you manage:

 

Portwood Court, Great Portwood Street, Stockport, SK1 2ED (Title Number : MAN24187)

 

I have a possible impending legal matter that I'm investigating and therefore need to know who signed up Civil Enforcement Ltd (CEL) to manage the car park and whether CEL currently has legal permission to enter into contracts on your behalf.

 

Any information you can provide would be extremely appreciated.

 

Do you think this is okay? Should I just sign the email with my name but omit my address?

Edited November 22, 2019 by nssimpson

[dx100uk]

yes i think you'll have to come clean as i bet they haven't a clue who CEL are

what that means?

nor about any parking matters.?

 

so expand on their name [CEL]

 

relate to it being a legal matter concerning an incident in the car park.

 

who owns/manages the land legally in respect to being able to enter into 3rd party car parking management contracts on behalf of the owners.

is there a current contract with CEL / who signed up with CEL to manage the parking.

the last time payment was made which represented an annual continuation of any historic contract with CEL that proves the contract is valid today

[nssimpson]

Thanks dx100uk. I'll get something written this weekend so they have it in their Inbox on Monday.

[FTMDave]

The work you are putting in is to be applauded.

 

However, also remember that you CPR'd CEL to see these documents, and they didn't reply, so that in itself is enough for you to say in your WS that you do not believe these permissions exist.  It's up to CEL to prove they have authority, not for you to disprove.

 

As well as all your current efforts, please redraft your WS based on lack of locus standi, lack of planning permission, and all the other comments made by Caggers from the start of your thread about CEL's case being pants.

[honeybee13]

11 hours ago, nssimpson said:

Thanks dx100uk. I'll get something written this weekend so they have it in their Inbox on Monday.

 

I hope you don't mean their email inbox, we don't recommend doing that. These companies have been known to serve documents by email at the very last minute, which puts you at a disadvantage.

 

HB

[dx100uk]

this is to get info on CEL , they are not related to the claim HB.

 

dx

 

[nssimpson]

Hi all, this afternoon I got a letter from CEL saying they've discontinued the case!

 

Edited November 23, 2019 by nssimpson

[FTMDave]

Magnificent news, well done

 

However, give the court a ring on Monday just to be 100% sure, a tactic of the worst of these conmen is to pretend they are discontinuing a case so you don't' turn up, they do, and they win.   

[dx100uk]

oh how unusual...

 

but if you do get the info ..still post it up.

 

I would check with the court say Tuesday 

they have been known to pull crafty stunts before..

 

 

[FTMDave]

Once you're sure they've given in, I would buy a 2nd class stamp and write to the court and ask for full costs due to their unreasonable behaviour under CPR 27.14(2)(g).

 

Point out that CEL are serial litigants who start cases in the hope that they will get a default order or that the defendant will be frightened of court action and settle,  but continuously drop defended cases.  This is an abuse of the court procedure.  Go on  with bullet points about why their case was pants and there was no hope of them winning (you were preparing these anyway for your WS).

 

You'll have to list your costs properly, which IIRC can include 5 hours preparation @ £19 per hour as a Litigant in Person.

 

You'll probably get nowt ... but hey, a 2nd class stamp is only 61p

[dx100uk]

order = judgement

 

[nssimpson]

Hi All, well I've emailed Stockport Enforcement again to provide details of how to contact BCWM. I'll contact them in 10 days time to see if they've investigated the legality of the cameras and signs.

 

If they come back confirming that the signs are illegal I bet that will strengthen my case for claiming back full costs.

[nssimpson]

Hi All,

 

Stockport Planning emailed me saying they would investigate but it's possible that the signs are classed as "Deemed Consent". However, it's not classed as high priority so we'll have to wait and see. Worth chasing?

 

Court office has confirmed that the case has been dismissed so the panic is over.

 

I'd love to cause CEL a load of headache but not sure if I can do anything.

 

Cheers

 

Nick

[dx100uk]

no such thing as deemed consent for these type of signs - its not a shop front board.

 

office junior that simply wants to get it off their pile. and really hasn't got a clue on the subject

 

 

[nssimpson]

Two different people at planning used this phrase as did the PDF letter they emailed me.

 

I have emailed them again asking them to consider making this investigation a priority. I told them that CEL has dropped the court proceedings possibly because they don't want a judge to look too closely into things.

[ericsbrother]

you need to know the difference yourself so you can pick holoes in their assertions. Thay are far too busy with unlawful building works etc to really worry about a sign (unless a councillor complains on a sunday!) so give the stock answer without considering the 21 different classes of signage.