Hi all.

Last year I received numerous threatening letters from Civil Enforcement Limited demanding I pay some extortionate fee for allegedly parking my car for 2 hours and 18 minutes in our town centre.

I have never parked for that length of time in my town centre so ignored all their letters as I could smell a [problem]...

2 weeks ago a claim form arrived through the post with Civil Enforcement Limited as the claimant. I have until Tuesday to submit my defence but wondered if anyone could help with the wording?

My main defence is that a contract can only be between the driver of the vehicle and the land owner. As my partner also drives my car I cannot remember which of us may have 'parked' our car for this length of time last July.

As a private company I am aware that CEL have no powers to force me to provide them with the identity of the driver of my car on that particular date (which is just as well as I can't remember!) so can I use this as my main defence or should I just use the standard defence that's been posted earlier?

Am I right in thinking I can submit this defence by Email to the court?

Thanks in advance for your help

You can submit your defence using the MCOL gateway - you will need to register and use the Claim reference and password that is on the claim form.

If you are having problems accessing hte MCOL gateway, then you will need to telephone the court (number on the claim form) and request an email address to send your defence to

Was this at a CO-OP store? If it was then many people are finding that if they write to the store's head office then the CO-OP will pay the £165 over to CEL to drop the case. Good news for the motorist, but bad news to CO-OP members who will lose on their dividend.

Your defences could include the fact that

1. You deny that there was any contract between yourself and the claimant
   
2. You do not believe that you were the driver and that you put the claimant to proof that that you were
   
3. That the claimant has no interest in the land to bring any action
   
4. That the claimant has not suffered any losses
   
5. That the sum claimed by the claimant is excessive and if they are entitled to claim any sum, then it must reflect their actual losses
   

You could also say that you believe that the claimant is in breach of their BPA code of practice in that

1. Their business name suggests that they they have some public authority status
   
2. That the front page of their website includes a photograph of a parking ticket whose get-up is of a type which was criticised by the Court of Appeal in the Parking Eye case as being misrepresentative and capable of being dishonest without intending to be so and that if the court agrees with this, then separately and/or taken together, and coupled on their website with the well known scales-of-justice emblem which is notoriously connected with the United Kingdom machinery of justice, the claimant has breached para.14.1 of the Code of Practice and that with respect the court should decline to hear the case and that the BPA should be notified. [ATTACH=CONFIG]50039[/ATTACH]
   

Forgot to add - on the basis of what you have said -

You deny that you were parked as alleged by them or at all.

Excellent, thanks for your replies.

The car park in question isn't a Co-Op it is in the centre of our town and is free. There are no cameras that I've ever noticed and certainly no signage warning of legal action if any parking is in excess of any time limits.

I've never had reason to park that long in town so I know it's a load of rubbish and these people are obviously trying it on.

Will submit my defence via email and wait to see what happens...

How did they determine you were there? Presumably number plate capture so tell us EXACTLY what the claim against you states. CEL havent got one right yet as far as I know so I doubt if yours is any better.

For the moment return the Acknowledgemnt of Service saying you intend to defend in full and wait for the allocation. Do not tick ther mediation box.

Your defence will depend upon what they said you did that caused a breach and how they deterimined this and what the timings of their letters are.

The particulars of the claim state:

1. The claimant has a contract with the Co-operative Group Limited to manage the car park at "the car park"

2. The car park is private property. The claimant uses automatic number plate recognition cameras within the car park. ANPR cameras work by capturing images of the text displayed on the vehicles number plate.

3. In the car park there are many clear and visible signs displayed advising drivers of the terms and charges applicable when parking in the car park. Drivers are permitted to park in the car park in accordance with the terms displayed on the signage. These signs constiute an offer by the claimant to enter into a contract with drivers.

4. The claimants ANPR cameras recorded the defendants vehicle, registration number ******* in the car park. The defendants vehicle entered the car park on 12/07/2013 at 11:45 and left the car park on 12/07/2013 at 14:03. The vehicle had been parked for 2 hours and 18 minutes.

5. When the defendant parked their vehicle in the car park they accepted, by their conduct, the claimants offer as set out on the signage. Consequently, a contract was formed between the claimant and the defendant.

6. As a result of the defendants conduct a charge was incurred.

7. The defendant has not paid the outstanding charge

8. Costs escalated further as a result of non-payment

9. Further the claimant claims interest pursuant to section 69 of the County Courts Act 1984 on the amount found to be due to the claimant at such rate and for such period as the court thinks fit.

AND the claimant claims

1. £130

2. Alternatively damages for breach of contract

3. Alternatively to 1 and 2 above damages for trespass

Interest pursuant to section 69 of the County Courts Act 1984 to be assessed.

Amount claimed: £130

Court Fee: £35

Solicitors Costs: £50

Total amount: £215

I thought you said it wasn't in a CO-OP . But now you are saying it is.

The particulars of the claim state:

 

1. The claimant has a contract with the Co-operative Group Limited to manage the car park at "the car park"

2. The car park is private property. The claimant uses automatic number plate recognition cameras within the car park. ANPR cameras work by capturing images of the text displayed on the vehicles number plate.

3. In the car park there are many clear and visible signs displayed advising drivers of the terms and charges applicable when parking in the car park. Drivers are permitted to park in the car park in accordance with the terms displayed on the signage. These signs constiute an offer by the claimant to enter into a contract with drivers.

4. The claimants ANPR cameras recorded the defendants vehicle, registration number ******* in the car park. The defendants vehicle entered the car park on 12/07/2013 at 11:45 and left the car park on 12/07/2013 at 14:03. The vehicle had been parked for 2 hours and 18 minutes.

5. When the defendant parked their vehicle in the car park they accepted, by their conduct, the claimants offer as set out on the signage. Consequently, a contract was formed between the claimant and the defendant.

6. As a result of the defendants conduct a charge was incurred.

7. The defendant has not paid the outstanding charge

8. Costs escalated further as a result of non-payment

9. Further the claimant claims interest pursuant to section 69 of the County Courts Act 1984 on the amount found to be due to the claimant at such rate and for such period as the court thinks fit.

AND the claimant claims

1. £130

2. Alternatively damages for breach of contract

3. Alternatively to 1 and 2 above damages for trespass

Interest pursuant to section 69 of the County Courts Act 1984 to be assessed.

 

Amount claimed: £130

Court Fee: £35

Solicitors Costs: £50

Total amount: £215

If you have ignored all their letters, then CEL should be using the POFA to make the keeper liable?

This is all about the driver?

How can the claim be for breach of contract OR damages for trespass?

My mistake! There is no Co-Op at the postcode they say I parked at. It wasn't until I typed the particulars of the claim that I noticed the Co-Op were involved. Sorry for the confusion

So it is worth complaining to the CO-OP's head office and their CEO. There is a very good chance that the company will pay it for you. As I said, good news for the individual motorist, but bad news for the "divi". Saying that, I have heard a rumour that the the CO-OP are taking steps to recover that money from CEL by other means.

My hearing date is set for Tuesday so should I submit my defence as above first? Then, if I lose complain to the Co-Op?

You need to get that defence in now, it is possible that it wont be accepted as it is now so close the hearing date.

You should have submitted your defence some while ago if you hearing date is for Tuesday ?

What is hte issue date on the claim form ?

I think you might be confused.. you say you received the claim 2 weeks ago. Please confirm the Issue date on the form - top right hand corner.

You have a time line as follows..

Issue date + 5 days for service = XX.XX.XX + 14 days to acknowledge the claim = XX.XX.XX + 14 days to submit your defence = XX.XX.XX (a total of 33 days from date of issue)

Have you acknowledged the claim yet ? You must do this else they will obtain a judgment by default.

Their claim is based upon an ANPR camera timing you & out of the car park - 2 hours 18 minutes.

Therefore Item 4 is factually incorrect:

4. The claimants ANPR cameras recorded the defendants vehicle, registration number ******* in the car park. The defendants vehicle entered the car park on 12/07/2013 at 11:45 and left the car park on 12/07/2013 at 14:03. The vehicle had been parked for 2 hours and 18 minutes.

You were not parked for that period of time, as you would have to drive in, find a space etc, then return to your car and drive out again. In fact they can not prove how long you were parked for, on that basis the claim is incorrect - can the court dismiss on the basis of a factually incorrect claim??

Is there a recycling point in the car park? if so, did you spend time putting items in the recycling bins? therefore taking up some of the 2hrs 18 minutes, in which case you were not parked, and you were not using the parking facilities.

It says DATE OF SERVICE 25 MAR 2014

When I spoke to the court they told me I had 14 days to get the defence in?

Did you acknowledge the "service of the claim" immediately?

You must get the acknowledgemnt of service back to them by tues and then you have time to get your defence in after that. there are things that you have mentioned that dont add up to a full puicture so come back here and clarify a couple of points if you can, ie did you park in the car park? Are you a mamber of the Co-Op? timings of the letters sent to you.

Did you acknowledge the "service of the claim" immediately?

No, it says I have 14 days to complete the Acknowledgement of Service.

Will send it by registered delivery today

You must get the acknowledgemnt of service back to them by tues and then you have time to get your defence in after that. there are things that you have mentioned that dont add up to a full puicture so come back here and clarify a couple of points if you can, ie did you park in the car park? Are you a mamber of the Co-Op? timings of the letters sent to you.

I probably did park in the car park.I park in town frequently. I'm not a member of the Co-Op and, I'm not exaggerating but I shredded all the parking notice letters a week before this court notice arrived!

I remember I had about 4 or five letters which I ignored and kept filed away. Then I did a big spring clean and shredded them all with all my other junk mail.

The facts are I have never parked for that period of time in the town centre, there are no warning signs and I've never noticed an ANPR camera.

You lost valuable time in waiting to send the AOS.

Get to that car park and take photos and notes on the signage it's visibility, position etc.

Ok, AOS has been submitted via email. My deadline was tomorrow so am well within my time limit.

Do I just wait and see if he drops the case now or do I submit my defence? When should I submit it as I now have 28 days I think?