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CEL ANPR PCN Claimform


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Hi

 

Please can any one help me?   My other half has papers from the Northampton Court.  He wasn't using the vehicle at the time.  What's the best wording to reply to this? 

 

Thank you

 

 

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Presumably you have received a claim form.

Please can you post up a copy of the claim form – redacted for identifiers – in PDF format. Tell us who the claimant is. Don't redact that part.

The first thing to do is to send an acknowledgement of the claim with an intention to defend. That gives you extra time – 28 days before you have to file a defence.

Once you have given us the relevant information and filed the acknowledgement, others will come along to give you the best advice.

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please complete this:

 

we dont need a scan of the claimform

 

however we DO need a scan of every letter you have ever received (bothsides) and any correspondence you have sent to them.

 

use ONE mass PDF only for everything, after redacting as jpg files having read our upload guide carefully

 

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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dont need the court papers

just do the q&a link.

 

and you need to get moving you only have 19days from the date top right on the claimform.

 

why have you not gotten about 5-10 previous letters? have you moved inrecent times but never updated the cars V5C?

 

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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  • 2 weeks later...

Hi dx100uk

 

We've not moved, but this was the 1st we heard of any parking charge from this company.  I then found the  CAG & was hoping you guys would be able to help me. 

 

 

 

Edited by Hail Pablo
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On 19/10/2021 at 15:50, dx100uk said:

please complete this:

 

we dont need a scan of the claimform

 

however we DO need a scan of every letter you have ever received (bothsides) and any correspondence you have sent to them.

 

use ONE mass PDF only for everything, after redacting as jpg files having read our upload guide carefully

 

dx

 

 

we dont need and i have hidden your unredacted picture

 

please do the above link and post Q&A back here as text copy and paste.

have you done acknowledgement on the MCOL website yet ...that was due day 19 from 13th oct!!!

 

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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good link done now please need those answers asap

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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Share on other sites

Please can my defence be reviewed.  any guidance or amendments will be gratuitously received.   

 

 

The Defendant contends the particulars of are claim vague and generic in nature which fails to comply  with CPR 16.4.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation. 

1.  A contract was never entered into by me.   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 clearly states they were  only contracted to provide car park management services, therefore is not capable of entering into a contract with the Defendant on its own account.  The car park is owned by and  terms of entry,  set by the landowner. 

 

2. It is admitted Defendant is the recorded keeper of the vehicle. The claimant is not in a position to state who the driver was at the time. 

 

3. There are no contractual costs and interest cannot be accrued on a speculative charge.

 

The Particulars of Claim is denied in its entirety.  It is denied the Claimant is entitled to the recovery or any recovery at all.

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Name of the Claimant :  Civil Enforcement Limited

                                            Horton House

                                            Exchange Flags

                                            Liverpool

                                            L2 3PF

 

 

Claimants Solicitors: 

 

Date of issue –  13 OCT 2021

 

Date for AOS - 05/11/2021

 

Date to submit Defence - 12/11/2021

 

 

 

What is the claim for –   

 

1,.Claim for money relating to a Parking Charge for breach of contract terms/conditions (TC's) for parking in private car park (CP) managed by the Claimant. 

 

2.Drivers may only park pursuant to TC's of use displayed in CP and agreed upon entry/parking. 

 

3. ANPR camera or manual patrols monitor vehicles entering/exiting the CP and TC breaches. 

 

Charges of GBP 182.00 claimed. 

Violation date:- 30/09/2020. 

Time in 17:05

Time out: 17:37. 

 

Total Due - GBP 182.00

 

The claimant claimed the sum of GBP197.04 for the unpaid parking charge inc GBP15.04 interest under S.69 of the CCS 1984 Rate:8.00% pa from the due date to - 12/10/21 Same rate to Judgment or sooner payment at daily rate if - GBP0.04. 

 

Total dept and interest due - GBP197.04

 

What is the value of the claim? 

 

 

Amount Claimed 197.04

court fees 35.00

legal rep fees 50.00 

Total Amount 282.04

 

^^^^^^^copy and paste the above to your topic^^^^^^^

Edited by dx100uk
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oh typical CEL no location mentioned in the POC?

 

have you any other historic paperwork?

scan everything up bothside to one mass PDF but you must redact all info like reg/ref /pcn numbers and bar/qR code boxes first.

 

read upload carefully

 

pop up on the MCOL website detailed on the claimform

.

register as an individual on the Gov't Gateway Site
Go to HMRC's login page.


Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...


You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 

then log in to the MCOL Website

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim


type your name ONLY


no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

………….
 

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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  • dx100uk changed the title to CEL PCN Claimform

not due till friday

have you ANY other paperwork prior to the claimform please>?

 

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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Share on other sites

  • dx100uk changed the title to CEL ANPR PCN Claimform

Hi DX

 

MCOL  has already been done.  There is no other paperwork whatsoever.   I take it the next step will now be to enter the defence? 

 

is this defence suitable:- 

 

The Defendant contends the particulars of are claim vague and generic in nature which fails to comply  with CPR 16.4.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation. 

1.  A contract was never entered into by me.   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 clearly states they were  only contracted to provide car park management services, therefore is not capable of entering into a contract with the Defendant on its own account.  The car park is owned by and  terms of entry,  set by the landowner. 

 

2. It is admitted Defendant is the recorded keeper of the vehicle. The claimant is not in a position to state who the driver was at the time. 

 

3. There are no contractual costs and interest cannot be accrued on a speculative charge.

 

The Particulars of Claim is denied in its entirety.  It is denied the Claimant is entitled to the recovery or any recovery at all.

 

Thanks for your help. 

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Look at  https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-jun-2021/  and scroll down to  Q2) How should I defend?  There is a slightly updated defence all ready and waiting there.

 

It's weird that you got no other paperwork.  File the defence and then SAR CEL to get to the bottom of what all this is about.

 

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

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