ok, great. Thanks for clearing that up

Is the allocation questionnaire something that is sent in the post to me, or do I need to keep an eye out for it on the MCOL portal? I know it's still early days but I'm regularly checking MCOl for any updates - CEL have up to 28 days (max) to respond to my defence, right?

Defence submitted. I will post any updates to this thread if/when I receive them. Your generosity with your time and efforts have helped me enormously, and I am truly thankful. God bless I've made a donation PayPal to this site

Thank you so much. I'm going to submit my defence as follows on MCOL: 1 The Defendant is the keeper of the vehicle as indicated in the claim but denies being the driver at the time. There is no keeper liability in this matter as the requirements of the Protection Of Freedoms Act 2012 (POFA) were not met to create one. 2. The Notice to keeper fails to create any liability whatsoever for any amount as the NTK fails to indicate who the creditor is, contrary to the express requirement of the POFA. 3. The signage at the entrance to the car park were not an offer of a contract but an INVITATION TO TREAT so no contract formed to breach. 4. The Claimant has failed to show any authority to enter into contracts with the public by way of an assignment from the landowner to do the same and to make civil claims in their own name 5. The Defendant does not believe that the claimant has the necessary permissions for their cameras and signage under the Town and Country Planning Act 2007 and thus is committing a criminal offence by having them there. It is not possible to enter into a criminal compact. Each of these points taken separately mean there is no cause for action against the Defendant and he avers the claimant has no LOCUS STANDI in this matter. Permission to submit and destroy these ....

I've re-read the BPA Code of Conduct https://www.britishparking.co.uk/write/Documents/AOS_Code_of_Practice_October_2015_update_V6..pdf and found the following: 21.6 To give drivers early notice of your claim, you should apply to the DVLA for the keeper details promptly. Usually this would be applying to the DVLA no more than 28 days after the unauthorised parking event. 21.7 You must post the parking charge notice to the keeper as soon as possible. Your target is to send the parking charge notice to the keeper of the vehicle no more than 14 days after receiving the keeper data from the DVLA. Alleged parking incident: 01/12/2017 Application to DVLA by CEL: 19/02/2018 (80 days after the 'incident')

100% agree. The DVLA are as bad, if not worse, than these PPC's. I will complain to them and the ICO after I've submitted my defence. This cannot be tolerated by members of the public for much longer. I absolutely despise these people. Does that mean the CEL were hoping not to rely on POFA then? I'm so sorry to ask, but would you be able to offer some wording for my defence please based on the information we have? I've written so many version I'm starting to lose the plot! I'm starting to get a bit nervous about the looming deadline which is in 2hrs. Eternally grateful for all your help with this

ok, I'll do that now. This is the first letter from them: And this is the small print at the bottom of that same letter: I also have a letter from the DVLA confirming when CEL enquired about my VRN. The date of enquiry was 19/02/2018 Enquiry reason "Breach of terms and conditions of a private car park"

Should I write something like this? "The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation." I hate things that start it is admitted..... Just say the defendant is the keeper of the vehicle but denies being the driver at the time (if applicable) you dont tend to start sentences "whereas and heretofore" instead of saying " Once". Use common english other than to avoid using names so use the third person to refer to the defendant and the claimant then. Hey ericsbrother, thank you for your reply. Let me address your Q's: 1) I have ALL original paperwork filed in my folder 2) Claim form signed by...Civil Enforcement Limited 3) I visited the site since receiving the claim and have photos of their signs. Are you asking me to upload these on here, or send you a link to the photos uploaded elsewhere? This is a draft defence I found on CAG written by you(?) I think: 1. The defendant denies that any monies are due to the claimant because there was no breach of contract to create a cause for action. The claimants Accredited Trade Association, the BPA has a MINIMUM grace period of 10 minutes to allow the necessary consideration of the offer of conditions to park and other actions before any contractual condition can be applied. The driver was not there for longer than the grace period and no contract was entered into. 2. In any case the Defendant does not believe that the Claimant has the lawful authority to enter into contracts with the public at this site Should I adapt this one with similar wording?

Hello everyone I have just phoned the court again to confirm the deadline for my defence - it is today at 4pm. I have been drilling through the council website to find any info about free parking times and planning permission for signs/cameras...cannot find anything. Following the advice given here, I have a shortened defence written ready and waiting to be submitted (thanks to all your help!). Trying to stick to a 2-3 line defence, as advised, but also want to ensure I cover the ESSENTIAL arguments of my defence: Grace period of MINIMUM 10 mins Signage not offer of contract Failure of Claimant to follow civil procedures rules The defendant states the following: 1. It is admitted that the Defendant is the recorded keeper of vehicle registration number XXXXXX. 2. The main signage at the site is not an offer of a contract but an invitation to treat and the Defendant denies that there was an agreed contract to breach. 3. The Claimant alleges an overstay of 14 minutes at the car park in the Particulars. The Claimants Accredited Trade Association, the BPA has a MINIMUM grace period of 10 minutes to allow the necessary consideration of the offer of conditions to park and other actions before any contractual condition can be applied. The driver was not there for longer than the grace period and no contract was entered into. The BPA's Code of Practice (CoP) makes it mandatory for operators to allow grace periods at the start and end of parking, before enforcement action can be taken. 4. The Claimant has failed to follow the Civil Procedure rules by failing to issue a letter before action and the claim is too vague to see what the claim is actually for. The Claimant has also failed to show who is issuing this claim as they have stated that ‘Civil Enforcement Limited’ is the legal representative of the claimant but haven't stated who that is when signing the form. 5. The Defendant states that this is not an error but an abuse of process and therefore requests that the claim be summarily dismissed under CPR 3.4 and states that it is likely to fail anyway Regarding lack of planning consent for signs/cameras, should I include this in my defence before sending it off? If so, could you please how I'd write that in a suggest a sentence or two? Lastly, how do I make a donation to this site for all the help I've received? Is there a 'beer donation' option too?

Thank you. Just trying to do as much as I can - I feel like this is a team effort, so I have to do my part!

I can't seem to find anything on the Wokingham council planning portal except this: http://publicaccess.wokingham.gov.uk/NorthgatePublicDocs/00425723.pdf This isn't it, but should I be trying to find something online that looks a bit like this: http://publicaccess.wokingham.gov.uk/NorthgatePublicDocs/00069551.pdf

Cheers buddy, I'm really trying my best here. I thought I could do this by myself but I couldn't have done this without help.

Hello again, it's almost midnight but I wanted to post a draft defence outline in case anyone is still up. Having read through the more recent posts in the CAG threads, I have the following (shortened) defence: The defendant states the following: 1. It is admitted that the Defendant is the recorded keeper of vehicle registration number XXXXXX. 2. The main signage at the site is not an offer of a contract but an invitation to treat and the Defendant denies that there was an agreed contract to breach. 3. The Claimant has failed to follow the Civil Procedure rules by failing to issue a letter before action and the claim is too vague to see what the claim is actually for. The Claimant has also failed to show who is issuing this claim as they have stated that ‘Civil Enforcement Limited’ is the legal representative of the claimant but haven't stated who that is when signing the form. 4. The Defendant states that this is not an error but an abuse of process and therefore requests that the claim be summarily dismissed under CPR 3.4 and states that it is likely to fail anyway Would you say that this is this enough to submit? I don't want to rely on the Claimant not pursuing this further. I plan to destroy them...with your help!

God bless you