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#Post#: 43600--------------------------------------------------
Re: Civil Enfocement letter Aka: ce-sevice.co.uk
DIR By: b789
Date: November 2, 2024, 6:45 am
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I suggest you send the following letter to Civil Enforcement
Ltd:
--- Quote ---
>
> [center]URGENT[/center]
>
> Dear Sirs,
>
> CIVIL ENFORCEMENT LIMITED (THE ‘CLAIMANT’) V [your full name]
CLAIM REFERENCE H3GM80Q8
>
> On 24th October 2024, I received the attached letter dated
13th October 2024 from yourselves. This came as a tremendous
shock as it is the first and only communication I have received
from your company or any organisation representing you in
relation to this claim.
>
> I made immediate enquiries of the CNBC from which I was able
to establish that:
>
> [indent]1. the claim relates to an alleged parking event in
March 2019;
> 2. the claim form was sent to an old address at which I no
longer reside; and
> 3. if I had been given the opportunity to do so, I would have
successfully defended the claim.[/indent]
>
> I did not receive any pre-claim correspondence, not even a
letter of claim as required by the PAP. Nor did I receive the
claim form or any particulars of claim and was thus deprived of
the ability to defend the claim. Your company is well aware that
people move home from time to time. You also know that I did not
respond to any communications sent to me at my old address.
>
> This situation is explicitly dealt with in the Civil Procedure
Rules which provide at CPR 6.9(3):
>
> [indent](3) Where a claimant has reason to believe that the
address of the defendant ... is an address at which the
defendant no longer resides or carries on business, the claimant
must take reasonable steps to ascertain the address of the
defendant’s current residence or place of business (‘current
address’).[/indent]
>
> As your company is a member of the British Parking Association
(the ‘BPA’) and is bound by the BPA’s Code of Practice which
gives voice to CPR 6.9(3) in the following terms:
>
> [indent]24.1c Before serving a Letter Before Claim and prior
to the issue of proceedings, Operators must, if no responses
have been received to the NtD/NtK/reminder letters, take
reasonable endeavours to ensure that the contact details for the
person you are writing to are correct.[/indent]
>
> If your company had taken the actions required by the Civil
Procedure Rules and the Code of Practice, my current address
would have been found easily, which is obviously what you did
before sending your letter dated 13th October 2024. If those
actions had been performed at the correct time rather than after
judgment, I would not have been deprived of the ability to
defend the claim.
>
> By reason of Civil Enforcement's breach of the Civil Procedure
Rules, which amounts to an abuse of the process of the Court,
the claim form was never properly served and the judgment must
be set aside at your expense and the claim dismissed because it
is now too late for the particulars of claim to be re-served.
>
> In view of the foregoing, I invite Civil Enforcement Ltd to
join with me in an application to set aside the judgment and
dismiss the claim, with Civil Enforcement Ltd paying the court
fee and no order as to costs.
>
> Please respond to the above offer as soon as possible so that,
if the offer is acceptable to you, we can work together to right
the wrong that Civil Enforcement has done to me.
>
> To give you a reasonable time to take instructions and for us
to agree a suite of documents for the Court, I am willing to
defer making a unilateral application to set aside the judgment
until 4 pm on Wednesday 13th November 2024. If a joint
application has not been made by that time, I intend to instruct
a solicitor to apply to the Court unilaterally for an order
setting the judgment aside, striking out the particulars of
claim, dismissing the claim and awarding costs against Civil
Enforcement Ltd on a full indemnity basis.
>
> Pease respond by immediate return.
>
> Yours faithfully,
--- End Quote ---
Use this link to submit the letter (plus a copy of the 13th
October letter) as PDF files:
HTML https://www.ce-service.co.uk/submit-a-complaint/
Just state in the "details" section: "Please refer to the
attached urgent letter".
Let's see their response, if any, when it arrives. If they
agree, do not do anything before we see their suggested draft
order. It is crucial that we check it before agreeing as it
would not be the first time a defendant had been bamboozled by
surreptitious wording.
#Post#: 43618--------------------------------------------------
Re: Civil Enfocement letter Aka: ce-sevice.co.uk
DIR By: concoj
Date: November 2, 2024, 8:39 am
---------------------------------------------------------
* I had stress with my partner in the past and I wasn’t always
at my new postal address.
* I don’t recall the date I updated the V5C
#Post#: 43620--------------------------------------------------
Re: Civil Enfocement letter Aka: ce-sevice.co.uk
DIR By: concoj
Date: November 2, 2024, 8:43 am
---------------------------------------------------------
I will follow your instructions today.
Thank you sooo much
#Post#: 43625--------------------------------------------------
Re: Civil Enfocement letter Aka: ce-sevice.co.uk
DIR By: b789
Date: November 2, 2024, 9:14 am
---------------------------------------------------------
You can check the last date that the V5C was updated by checking
the bottom of the inside pages for this:
HTML https://i.imgur.com/Q9BnGAK.jpeg
So what was the date your V5C was last updated.
Also, are you suggesting that it is possible that the claim was
sent to the correct address at the time but your partner may
have withheld or concealed it from you?
Can you evidence that the you were not residing at the address
the claim was sent to at that time?
#Post#: 43651--------------------------------------------------
Re: Civil Enfocement letter Aka: ce-sevice.co.uk
DIR By: concoj
Date: November 2, 2024, 12:05 pm
---------------------------------------------------------
03/05/19
* I don’t know just trying to understand why I wasn’t aware
* I didn’t had another residence only that I wasn’t home all the
time
[attachment deleted by admin]
#Post#: 43654--------------------------------------------------
Re: Civil Enfocement letter Aka: ce-sevice.co.uk
DIR By: concoj
Date: November 2, 2024, 12:46 pm
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All done as you requested.
Thank you so much for your help
#Post#: 43659--------------------------------------------------
Re: Civil Enfocement letter Aka: ce-sevice.co.uk
DIR By: concoj
Date: November 2, 2024, 1:17 pm
---------------------------------------------------------
The complaint is not going through.
I tried several times as I though was my internet
[attachment deleted by admin]
#Post#: 43668--------------------------------------------------
Re: Civil Enfocement letter Aka: ce-sevice.co.uk
DIR By: concoj
Date: November 2, 2024, 3:03 pm
---------------------------------------------------------
Finally!
[attachment deleted by admin]
#Post#: 43678--------------------------------------------------
Re: Civil Enfocement letter Aka: ce-sevice.co.uk
DIR By: b789
Date: November 2, 2024, 4:28 pm
---------------------------------------------------------
OK, so the address they used was the previous address before the
V5C was updated.
#Post#: 45544--------------------------------------------------
Re: Civil Enfocement letter Aka: ce-sevice.co.uk
DIR By: concoj
Date: November 13, 2024, 9:46 pm
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[i][ 4 pm on Wednesday 13th November 2024 i]
please advise for next steps,
much appreciated
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