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    • I am sorry about getting your status mixed up.  I have noticed one thing in your excellent WS. On their claim they are only pursuing you as the keeper-I think it is  in their Point C that  states along the lines of -the driver did not pay , so the keeper is liable. So on your No keeper Liability section  You may prefer  to alter 13 to    . It is trite Law that the driver and the keeper cannot be regarded  as the same person and the claimant has failed to offer any proof who was driving.  BY  only pursuing the keeper  when the PCN does not comply with PoFA must mean that their claim fails. See what the Site team thinks as it should  stop the Judge from looking at who was driving as your statement preempts them from even thinking about it.
    • What would suffice as proof? I just emailed them back my date of birth. Should I send a copy of driving licence? 
    • Which Court have you received the claim from ? Northampton   MCOL Northampton N1 ? Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ?   If possible please scan redact and upload a full page copy of page 1 of the claim form.   This has been uploaded in my previous messages in the bundle of documents     Name of the Claimant ? Asset Link Capital (NO5) Limited   How many defendant's  joint or self ? Self   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to./   14/02/2020   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total Not relevant as his claim was set aside, and has now been brought to the court again by the claimant       Particulars of Claim   What is the claim for – the reason they have issued the claim? Please see bundle of documents in previous thread   What is the total value of the claim? £10,734.1    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  Yes - this is one of the grounds for getting it set aside   Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ?  Apparently 2000   Do you recall how you entered into the agreement...On line /In branch/By post ? I do not recall entering into an agreement with Barclays   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  It was, but it is not anymore   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned to Asset Link   Were you aware the account had been assigned – did you receive a Notice of Assignment? No - although they have provided a copy of the assignment notice in their bundle of docs for the hearing   Did you receive a Default Notice from the original creditor? I don't remember - but again a copy of a letter has been provided (see bundle on previous thread)   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  No    Why did you cease payments?  2015   What was the date of your last payment? December 2015   Was there a dispute with the original creditor that remains unresolved?  I wrote to Barclaycard back in 2015 to ask them to send proof of the original agreement but they just sent me a reconstituted document which had no personal deals on relating to me   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? yes - step change took control and set up payments of £1 pm
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Civil Enforcement Ltd (again!)


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I once watched part of an episode of Bailliffs, and in it some poor woman was visited by a bunch of, lets use the polite word:Bailliffs, who had come to either receive payment there and then or start removing goods. The original PARKING FINE had been the usual under £100 but 'costs' were now esculated to over £1000 which had to be paid there and then or she would be robbed there and then. I can't remember the outcome exactly, but the Bailliffs won, and cried crodile tears about that being the distressing part of the job......but someone has to do it.

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I once watched part of an episode of Bailliffs, and in it some poor woman was visited by a bunch of, lets use the polite word:Bailliffs, who had come to either receive payment there and then or start removing goods. The original PARKING FINE had been the usual under £100 but 'costs' were now esculated to over £1000 which had to be paid there and then or she would be robbed there and then. I can't remember the outcome exactly, but the Bailliffs won, and cried crodile tears about that being the distressing part of the job......but someone has to do it.

 

Yes but these would have been official parking fines IE council/police not private [problem] charge notices. A Private parking notice is just an unenforceable invoice that as can be seen from reading the Parking forum threads can be safely ignored.

 

Others will be able to put this a lot more eloquently.

 

dpick

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Official parking fines where the Bailiff fees can grow to £1000 for 1 ticket Whilst we know it happens, all to often in the presence of the police, it's illegal. There are fixed charges none of which would raise a parking fine to that amount .......... so if true I'm afraid it was a [problem] a [problem] by the bailiff & the victim should complain to the court which issued the bailiffs certificate

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Thanks, it all looks complex. I meant TS when I said consumer office, but they didn't seem very enthusiastic anyway, only gave advice to send registered denial to CEL and give me a case number. Anyway I have received a letter from CEL kindly agreeing to cancel the notice. What is significance of V888/2 and V88/3 difference?

 

I'm still not happy though that a bunch of thugs can legally demand money, and the DVLA are willing accomplices. I think I should get compensation for time and money spent on their error also. Overstaying parking/no harm done = £60. Time, money and worry showing innocence = tough. Something is rotten in the state of the UK

 

I had problems getting TS interested, initially, however if you insist that you are being harrased, explain how (see here: FAQs - PPCs - fighting back. The forces are aligned), they will do something.

 

I also got a letter back from DVLA, eventually, and they say the have contacted the BPA to investigate the wording on the ticket.

 

They also rattled on about parking on private land being a problem and that someone has to deal with! Absolutely nothing to so with them, I shall be writing to my MP about this.

Edited by baptiste
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Well... not very long! :D Same amount, similar letter and will get the same response from me... None :)

 

Will keep this updated as usual.

 

And another! :( Received the third from the other party earlier this week, a "Notice of Court Action", offering a week to pay else they'll send it back to CEL for court action. I assume this is the usual third one?

 

The letter's now stopping the others underneath from gathering dust :wink:

 

Will keep this updated as usual.

Edited by cabbagebike
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Have had my second letter from Newlyn too - again looks like batch runs are going out - Yep wording the same 'failure to clear the amount in full may result in the debt being taken to court at considerable cost to you.'

 

I also like how they word the amount as being a 'debt'!! again letter being ignored!

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Update : Now on my third letter from Newlyn. States this is my final chance to settle the amount (up to £195 now) before being passed back to their client for court action. I have 7 days.

 

Well, another addition to the recycling bin.

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Hi

I've read most of all these threads and quite suprised that no-one has had my problem...or have they.I've received a "Parking Contravention Enforcement Notice" from the infamous CVL for,apparantly,breaching the free stay car park allowance by 13 minutes.So whats the problem I hear you shout.The problem is that my vehicle was NOT anywhere near the car park in question let alone being in it.They are requesting payment at at a reduced rate(if paid within 28 days)of £75 otherwise £150.If I require photographic evidence then to send them £10??????.I would really like to see this "evidence" but dont want to loose £10 as I'm sure this is a [problem].

I have recently had a parking ticket for a contravention in a council owned car park(approx 2 weeks before the CVL one came through).Is it possible that CVL have somehow obtained my details from the council ticket and are "trying it on".I would be tremendously grateful for any advice that anyone has or to hear from anyone who has had the same problem.

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I wouldn't worry about their "photographic evidence" and to that end following the normal advice of ignoring them would be just as valid for your case.

 

If you really want to push them along as you are confident you weren't even ther, you could write a complaint to the DVLA pointing out that CVL have obtained your information under false pretences and request all the information they submitted on the 888/3 that they will have to have given to the DVLA. Also, a letter to CVL demanding they progress to court immediately pointing out any attempt by them to refer the matter to their "DCA" will be reported to the appropriate bodies (as disputed allegations of debt cannot be referred to DCAs).

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I had all the letters from CEL & Newlyn until March this year, relating to an alleged overstay in a supermarket car park in Dec 2008 (the times actually related to when the supermarket was closed, & the parking was free anyway). I used the advice on here as the first letter I received was the "final reminder before legal action" - no ticket, no notice letter - and felt I had to reply (dumb I know). CEL's last letter was the "we have stated our case (they hadn't) and cannot continue corresponding with you".

 

All quiet until today, when another Newlyn letter arrived giving "Notice prior to county court proceedings".

As others have said, it's a batch mailing time!

 

I'm sending 1 final letter reminding them that the alleged debt is in dispute and to refer back to CEL, and that any more letters will prompt a complaint under the Protection from Harrassment Act 1997.

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Hi All,

 

Ok seems Civil Enforcment Ltd are a bunch of chancers.

 

I have recieved a PCN from them today for the vehicle breaching the limited free stay allowance.

 

They are demanding £70 within 28 days, reduced to £40 if paid within 14 days.

 

They claim to have photgraphic evidence and if I require to see this I need to send them a cheque for £10 (aye that will be right!) I was not the driver of the vehicle at the time though I am the registered keeper. I believe I am also not required to disclose who was the driver is that correct?

 

A few things have struck me as odd about this notice which looks very official (looks similar to a road tax renewal notice from DVLA at first glance), except it doesn't explain why it's been sent by post - I believe it is required to do so - it also doesn't have the companys registered number or registered address on it, it does have an address in Liverpool for remittance.

 

A few other websites lead me to believe they don't actually have any right to send this notice:

 

Can someone advise what the status is of their claim.

 

If it makes any difference, the parking contravention took place at a sopping centre in Irvine, Scotland.

 

The Vehicle was also parked there for approx 30 mins more than signed, but was also in a disabled bay, and was displaying a blue badge.

 

I am uncertain if there are any signed differences for disabled parking.

 

 

One other thing, I am unconvinced DVLA should have handed them any data on my vehicle, can any one asdvise on this as if this is also a contravention I will make a complaint to the information commissioner.

 

All advice greatly appreciated.

 

 

Hi All, I have now recieved a letter from Newlyn Plc, demanding payment of £145.

 

Should I reply to this, or remain silent again?

 

 

I am very concerened about my credit history/rating

 

 

3rd letter from Newlyn - Notice of Court Action

 

Apparently they "now have no choice but to pass my file back to their Client, who will then proceed with any necessary action."

 

 

I assume I should continue to ignore this as all the others?

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3rd letter from Newlyn - Notice of Court Action

 

Apparently they "now have no choice but to pass my file back to their Client, who will then proceed with any necessary action."

 

 

I assume I should continue to ignore this as all the others?

 

Yes :) That was the title of mine. The next you'll get will be "Notice Prior To County Court Proceedings" (sorry to spoil it for you! :lol: ), giving 2 week to pay.

 

Like the 3rd one, do the same with this one :)

 

Will keep updated as usual.

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Yes :) That was the title of mine. The next you'll get will be "Notice Prior To County Court Proceedings" (sorry to spoil it for you! :lol: ), giving 2 week to pay.

 

Like the 3rd one, do the same with this one :)

 

Will keep updated as usual.

 

 

Yeah handy as we don't have County courts in Scotland either! :D

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hi, yep I too have received a PCN, I've read the advice here, ie. do nothing, but IF it did go to court (and I know no one has been taken to court yet) would that be a court local to me? or would in theory I have to go to liverpool??

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.... thats fine, but given they know my address (all be it not my flat number), and they have my car registration I dont really want someone to come round. happy to go to court if required, but I guess like most people on here its the menacing wording in their letters and the fact its never officially 'closed' that will bug me. - but I'll live with that ;-)

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CEL sent us a Parking Contravention Enforcement Notice regarding the car park at Woolsack Way, Godalming, where Homebase is located. Waverley Borough Council confirmed that the car park doesn't belong to them, but also told me that their charge for over-staying is £25, and only £35 for parking on double yellow lines. So the market rate for breach of parking conditions appears to be considerably lower than CEL seek to charge - a point that might be of interest to a County Court. The Godalming Homebase manager told me that the land is not owned by Homebase, but is managed by NB Entrust, which is a managing agent for landlords. The precise nature of any contract - express or implied - between driver and landowner is by no means apparent, and is certainly not documented in the CEL "Enforcement Notice". No doubt that would have to be made abundantly plain if such a matter were ever to reach the County Court's Small Claims Division.

 

When I had the unhappy experience of issuing a summons for non-payment against a neighbour, the County Court required me to provide to the defendant the documentary evidence upon which my case would rely. Although it's tempting to challenge CEL to issue a court summons, even they are likely to realise that the court would expect them to have made all reasonable efforts to reach a settlement, so that a summons is a last resort. That would be one possible explanation for the succession of letters and reminders demanding payment. Other possible interpretations have already been voiced in this forum.

 

I will be guided by the advice in this forum and will decline to respond to the anticipated succession of communications from CEL. Pretty unsettling, though.

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