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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64792
Experience:  Over 5 years in practice.
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Today we have received a letter N1 Claim form from claimant

Resolved Question:

Today we have received a letter N1 Claim form from claimant CIVIL ENFORCEMENT LIMITED

What realy concerns me is It has a DATE OF SERVICE DATE STAMPED on it of 22 APR 2013

With today being 19 this does not leave me much time to get a reply to NORTHAMPTON COUNTY COURT.

For your information this is in connection with parking in a sports centre car park where we were that day.

Thanks in advance,
Nick
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

I am sorry but you are overstating your position. There is a good deal of nonsense on the internet.

This company is a private land fine company. They have a perfectly valid claim against you. Private land fining is not illegal. Its just traditionally been very hard to enforce. The law has recently changed in their favour.

In any event, they are suing here so you must deal with the issue.

The date of service is nothing to do with the company. It is down to the court. The date of service is just that they have presumed the date of service will be Monday under the normal postal rules.

You will have 14 days to respond to their claim as is normal with small claims court actions. Do not defend this on the basis that others on the internet complain about this company. Its a non issue in your case.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Customer: replied 1 year ago.

OK maybe they do have a valid case, but can we request proof of the vehicle and driver....to at least confirm it was our vehicle and who was driving at the time.


 


So just to clarify if we do not complete and send this form before this date of service of 22nd, then the case will not be closed and as such in their favour.


 


Regards,


Nick

Expert:  Jo C. replied 1 year ago.
They have to prove the index of the car but they will be able to do that. There's no doubt of that. They would have had to have the index to trace you at the DVLA.

The escape route used to be to ask them to identify the driver but unfortunately the Protection of Freedoms Act applies to fines after 1st october 2012 and it makes the registered keeper liable if he doesn't identify the driver within 28 days.

If you do not respond in 14 days there will be judgment in default.

They may win anyway but if you want to raise a defence then you must do so within 14 days.
Customer: replied 1 year ago.

FOR JOMO1972


 


Thanks for clarifying those points so as the date they refer to is 18/10/2011, as this is prior to 1st october 2012 cutoff we can request they confirm the driver at the time.


 


 


 

Expert:  Jo C. replied 1 year ago.
If its before Oct 2012 then they do have to prove who was driving.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64792
Experience: Over 5 years in practice.
Jo C. and 3 other UK Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.

FOR JOMO1972


 


Thanks for your advice...will rate and provide an outstanding review for you now.



Have a great weekend

Expert:  Jo C. replied 1 year ago.
No problem.

All the best.

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