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Civil Enforcement Ltd (again!)


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PP,

 

If your instinct is to ignore completely, that's what you should do. There is no right answer here. My opinion FWISW is that, with a "real" DCA, they will write less if you write the once denying the debt. Ignoring will work as well, just might take a couple of letters more.

 

There is a massive posting about CEL on the pepipoo parking forum. Nearly 900 postings and 120,000 viewings [ do a search on "wild bean cafe"] - not one genuine court proceeding.

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My original post #166 on 25th november 2007.

 

I have now had my first letter from NEWLYN PLC the bill is now up to £208.13. Do i just continue to ignore this? Do i write to Newlyn or CEL?

 

I also noticed on my letter their registered address is 59 Clarke Road, Northampton,NN1 4PL. register no: 3770985.

I looked up the number at companies house and their registered address is in rickmansworth.

I am a bit worried about my fine as the carpark was in Watford and that is very close to rickmansworth.

Should i write to companies house and complain?

If i write to Newlyn plc should i mention their wrong address info in the letter i send to them?

 

has anyone been to court or had the baliffs round ????

 

await your advise

 

p p 23 x

 

 

I too have received the exact same letter (same charge, same town ect) with the wrong registered address stated.

 

I have contacted Companies House who have confirmed Newlyn are in breach of the rules and regulations by stating the wrong registered address on their 'official' paperwork (it's called "non-compliance") and are now in danger of being fined up to £5000 for the 'error'! - for I have scanned and e-mailed my letter to Companies House (as advised) who are now investigating!

 

You can safely ignore this letter as it is non-compliant and breaches Companies House rules - it would not stand up in a court of law (if it ever got that far).

 

To help set your mind at rest, bare in mind the following points, for CEL to pursue you 'legally' for any monies the following criteria has to be met:

 

1) They have to prove who the driver was at the time of the 'contravention'.

2) They have to prove that a contract existed between the driver and CEL.

3) They have to prove that a breach of this contract took place.

4) They can only claim in court for damages (for finacial losses against the driver, not R.K.) due to 'the parking contravention'. (If it was free parking then their damages are zero!)

 

If they are writing to you as the 'Registered Keeper' of the vehicle, then ignore the letter - they have no right to do so and are in danger of falling foul of the Harassment Act in doing so (a criminal offence!). - They need to contact the driver.

 

They have to pursue the 'driver' and as this is a civil matter of contract law, you as the R.K. are not obliged to furnish them with who the driver was (it is totally CEL's responsibility to prove who the driver was).

 

It is well documented on this forum of how CEL 'sharp' practices are delivered:

 

1) They write to the R.K demanding monies (making the assumption/suggestion that the R.K. is contractually liable for their 'fee')

2) They follow up with a 'final' demand

3) They insist the R.K. disclose who the driver was! - but you have no bligation to do so

4) They follow this up with 'Newlyn' (debt collector) letter threatening further action - but has no legal standing without a court order and no history of a successful court case by CEL has todate been reported where the driver has actually appeared in court.

5) Followed by more 'letters'.........threatening court action, bad dedt and so on - in the hope that you pay, something, eventually!

6) In the end they will 'cut their losses' and move on to 'newer & easier' targets

 

It is interesting that CEL are not registered with the DVLA (who currently 'sell' R.K. data to anyone who has 'reasonable cause') directly to receive the R.K. details, but would appear to be a 3rd party in receipt of this information from a company that is.

 

With this evidently uncontrolled 'sharing' of private data, one has to wonder where this may lead?

- If, by the way CEL demonstrate their contempt of peoples rights/privacy, who is to say that they would not also 'sell-on' your details (including credit card if you do pay) which would furnish whomever with everything needed for ID theft/fraud and go on a spending spree with your money!?

 

- So should you write to them? - Some say it would be good to create a 'paper-trail', and in essence I agree (just in case). However, my gut feeling is that this sharp practice is plain and simply wrong and has no legal basis in a court of law, so why should I be inconvenienced and spend time and money (postage, stationary ect) in an effort to put a stop to it when it will only lead to the same conclusion (nothinig!).

 

- So I would recommend you simply ignore until such time (extremely unlikely) that they issue court papers. My view about writing to them is that you have then told them that you 'exist' and that they have a greater 'chance' you may pay. - but this view is not to detract from the excellent work done in creating the standard letter responces posted on this site (I may still use them myself!!!).

 

The success of their business relies solely on a small percentage of 'uninformed' people that will & do pay - CEL operate some 700 sites in the UK. You just have to do the maths to see how lucrative this practice is for them!

 

Have faith and don't be scammed and don't pay.

 

Write to your MP asking why your personal data is being sold to these types! and supporting possible ID fraud!

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Lilo72,

 

Great when a plan comes together,

 

Bad news on the pure legal front I'm afraid - claims in respect of contracts can be made up to 6 years after contract completion [12 years for contracts under seal]

 

Don't worry - there are an awful lot of non payers in front of you. CEL will get tired of losing in court before they get round to you.

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spacer.gif

Name & Registered Office:

CIVIL ENFORCEMENT LTD

DBH HOUSE, CARLTON SQUARE

CARLTON

NOTTINGHAM

NG4 3BP

Company No. 05645677

 

spacer.gifspacer.gifspacer.gifspacer.gifStatus: Active

Date of Incorporation: 06/12/2005

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

7487 - Other business activities

Accounting Reference Date: 31/12

Last Accounts Made Up To: (NO ACCOUNTS FILED)

Next Accounts Due: 06/10/2007 OVERDUE

Last Return Made Up To: 06/12/2007

Next Return Due: 03/01/2009

Last Members List: 06/12/2007

Previous Names:Date of changePrevious Name11/01/2006CIVIL ENFORCEMENT SERVICES LTD

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Name & Registered Office:

NEWLYN PLC

BATCHWORTH HOUSE

BATCHWORTH PLACE CHURCH STREET

RICKMANSWORTH

HERTFORDSHIRE

WD3 1JE

Company No. 03770985

spacer.gifspacer.gifspacer.gifspacer.gifStatus: Active

Date of Incorporation: 14/05/1999

 

Country of Origin: United Kingdom

Company Type: Public Limited Company

Nature of Business (SIC(03)):

7487 - Other business activities

Accounting Reference Date: 31/07

Last Accounts Made Up To: 31/07/2007 (FULL)

Next Accounts Due: 28/02/2009

Last Return Made Up To: 14/05/2007

Next Return Due: 11/06/2008

Last Members List: 14/05/2007

Previous Names:Date of changePrevious Name23/12/2005NEWLYN COLLECTION SERVICES PLC23/12/2005NEWLYN PLC30/11/2005NEWLYN COLLECTION SERVICES LTDBranch Details There are no branches associated with this company.

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  • 2 weeks later...

Hi

 

I've just joined the forum today after recieving a letter from Civil Enforcements Ltd for parking in a KFC car park for over the allocated time. I was on the premises at the time (Waiting for my processed rat meal) and have called Civil Enforcements to let them know. They gave me the adress to reply to and I am wondering if I should reply with the following:

 

Dear Sir/Madam,

I am in receipt of your invoice (something or other) for parking at the (KFC Barnsley) on the (insert date). I note you have written to me as the registered keeper of the vehicle. Please be advised that as the registered keeper of the vehicle concerned that I have no liability whatsoever to pay your invoice. You need to contact the driver and invoice them directly.

Please do not correspond with me any further on this matter except to confirm that you will be not taking the matter any further with me as the registered keeper of the vehicle.

 

Yours sincerely

 

 

It may have been my wife or myself that were driving that day but I am unsure who it was. Would this letter be ok?

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Welcome to the forums.

 

That's a pretty good letter. It gives nothing away and doesn't engage with them at all.

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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I'm a new postee to this forum, I'm normally calm, collected and level headed, that is until I had to deal with Civil (anything but!) Enforcement Ltd and Newlyn. Without going into details my alleged 'offense' was to park 15 mins over my free period. I was disgruntled to find no telephone number on their correspondence, I've done all the letters but now I really now wanted to talk to a person. On their website they request 'offenders' to call them on the automated payment hot line, (oh so impersonal) found on their 'ticket'. But also on there was their manned office business number. I'm sure they'd just love to hear from all those happy punters out there! Call them now on 0115 822 5022

 

or log on and email : office@ce-service.co.uk

 

Civil Enforcement

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  • 3 weeks later...

Is there any reason why this thread seems to have died??????

 

Is it because everyone has been taken to court or they have had the baliffs round and their computers have been removed????

 

I have had the NOTICE PRIOR TO COUNTY COURT PROCEEDINGS letter from Newlyn and that the baliffs could come and get my stuff.

 

Is my parking fine from Civil Enforcement Ltd now a Newlyn nightmare that i have no hope in getting out of?

 

Also..... are you all genuine or are you CEL and Newlyn workers here to give bad advice so that debts escalate and they make more money?????

 

help....

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:o :o

Hi.

I have been looking at this website

 

Bailiff advice,bailiffs,parking charges,bailiff fees,congestion charges,fines,anpr,csa,council tax

 

after a lot of reading it seems that a PCN whether it is parking charge notice or penalty charge notice is the same thing and that it does have law to stand behind it contrary to what a lot of people have said in various threads on this forum.

 

Newlyn plc are certificated bailiffs which according to the afore mentioned website have legal powers to come to my home and sieze goods to cover the debt.

 

What i am confused about is when they apply to the court for the 'warrant of execution' will they just get it and then come to my home to get things or will this be my 'day in court'?

 

I am really confused and very very distressed. I looked at this site after receiving my first letter from CEL asking for an extortionate amount of money for staying just over half an hour over my free period which i had no idea was there in the first place.

I had originally thought the letter/fine was a [problem] thats why i looked it up on the web and found this site and began to follow the info here, trusting - maybe stupidly - that the fine and enforcement of it was avoidable.

 

the fine has escalated to an even more extortionate amount and as i couldnt even afford to pay the reduced fee at the start and i certainly cant afford to pay the fee they are charging now.

 

I really cant afford my car to be siezed and i am very scared of this impeding bailiff scare as they could easily enter my home.

 

i also live on a shared property with many other homes and vehicles and i dont want them to come along and take anyone elases stuff as we all have the same address.

 

Am i going to get taken to court?

Or are they just going to get a warrant of execution without me having any knowledge of this going through court?

They are a private parking company not the council etc and these guys are in busines to make money so know how to do that.

 

If anyone has had these same threatening letters and are at the same stage of the process as me please please let me know as i am really scared and dont know what to do.

 

I really cant afford to pay and really cant afford the amount to go up anymore or lose any of the few items i currently posses.

 

PP23

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Well....my "problem" has gone very quiet for the last few weeks. They threatened to take me to court about three or four times including passing the case file to a second party.

 

Nothing....:grin:

 

But, if they do take me to court (highly unlikely!) then I'll fight it.

 

....by the way, why have so many posted been edited?

 

wrinx

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Yes, bluffing. My "case" was passed, somewhat dubiously I understand, to Newlyn for follow-up and when that failed it was supposed to have been passed back to CEL for court action.

 

It's nonsense in my humble opinion. From reading here and elsewhere there are few, if any, cases that make it to court...and plenty of offers to help defend if it does! :D

 

My advice is to follow the previous suggestions and at least acknowledge and refute their claim, rather than ignore.

 

wrinx

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were your letters from Newlyn saying they may now register with county court?

 

 

Yep - and I'm still waiting for the summonds to arrive! - lol

 

It's simply the 'game' they play - they know only too well that they have no case and are simply hoping to 'scare' you into submission to pay them some money to complete their [problem].

 

If I wrote to you saying that by reading my letter you agree to pay me within 14 days £200 (by entering into a contract) - would you send me a cheque? (no I thought not!)

 

But then I send you threatening letters demanding this sum, and that if you don't 'cough' up I'll send the 'boys' round - would you then pay? (no I thought not - but I bet you had to think a little about that one! - lol)

 

Would you consider that I had any chance in court to prove that you owed me the £200? - well, only if I could prove that a contract existed between said parties. (what do you think?)

 

The above is an example of what CEL is trying on (a [problem] for want of a better description). They write to all there 'victims' as the registered keeper, when in fact the alledged contract could only exist (if proved) between the driver and land owner. (first flaw in their persuite of moneies). In addition they could only claim damages under contract law for their lossed by the apparent contravention of their contract - Note: if it was free parking then their lossed are zero - It would not be cost effective to take anyone to court to claim this level of damages.

 

(case closed)

 

Also each and every letter rceived from Newlyn still state the wrong registered company address which would not be recognised by any court! And could be concluded by the recipient of further evedence to a [problem]!

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Just to keep you up to date, Civil Enforcement Ltd have sent me a letter to drop all charges, no secondary follow up letter threatening court action. Just a letter explaining that the ticket has been dropped.

 

 

I am chuffed its over and done with but I was hoping for a bit of an argument

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Just a letter explaining that the ticket has been dropped.

I am chuffed its over and done with but I was hoping for a bit of an argument

It's a result all the same. They backed down when confronted with someone who knows what they are doing.

 

 

BTW There are plenty of contentious types on these boards if you want an arguement. :D

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

--------------------------------------------------------------------------------------------------------------------------------------

 

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Good morning to everyone!

 

Yes I too wondered why the trail on C.E.L. seemed to have gone cold.

 

A couple of weeks ago I received another letter from C.E.L. regarding the alledged debt owing to them after I had asked Newlyn Plc to return the file back to them as the matter was in dispute.

 

C.E.L. sent the usual bog standard letter saying 'under the circumstances the debt could not be cancelled, but they were prepared to accept the reduced rate of payment' which I found rather funny as the debt had escalated to £213, which made me think what others on this forum have said in the past they will accept anything in the end as long a they get something out of you!

 

I have over the last couple of weeks been getting letters together and other information to compile and send to Which, Watchdog,O.F.T. DVLA and Macdonalds.

 

I don't think it will make a great deal of difference in the grand scheme of things, but I am hoping so.

 

If I knew that all of this was above board and legal and that the 'crime' had been committed then I would have no hesitation in paying the fine, however I know that this just did not happen and so feel so very incensed that these people are being allowed to intimidate and threaten law abiding citizens in this manner.

 

I will keep you all informed as time goes on to how things work out.

 

I am quite expecting another little ditty from C.E.L. any day now............Oh deep joy!

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Guest Julian Fiddlepot

I am shocked at some of the snide comments in this thread, aimed at companies who only wish to help the motorist by providing less crowded car parks.

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Please note that this topic has not had any new posts for the last 3504 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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