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daddyomac

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Everything posted by daddyomac

  1. 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?
  2. 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
  3. 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 ....
  4. 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')
  5. 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
  6. 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"
  7. 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?
  8. 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?
  9. 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!
  10. 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
  11. 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.
  12. 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!
  13. Thank you again. I am on the council website now and searching through the details. Just to be clear on your advice: 1) Don't email my defence but instead use the MCOL website? 2) search 'CEL claimform' on this site and re-write my defence from scratch? No issues at all with this. just want to be clear.
  14. Car park (as per POC): Burger King Wokingham Address via google search: Wellington Rd, Wokingham RG40 2AT To be honest, I thought the grace period issue alone was enough to stop this madness. I actually phoned the BPA and they confirmed that they recommend a min 10 mins grace period to exit the car park in their CoP (I downloaded a copy to keep for my files). When I asked the BPA to give the minimum period when ENTERING the car park, she said I would need to check with the individual PPC, as it's for them to decided, if at all. I've also paid the Land Registry for details of the owners which I have a copy of, along with details of the outline of the exact area that is owned. Happy to share this in a private message to you. I did not check planning permission. Can I do this now? I phoned the court to confirm my deadline and they told me it was Sunday 18th November. He then said that because the deadline falls on a Sunday, I would have until Monday 4pm. Hope that helps. I want to submit this as soon as possible. I am extremely grateful for your help with this. You are an absolute star.
  15. This is the wording I used: [template removed please read the top line which said don't publish in the open forum - dx] It looks like this is the exact same one you posted. Thank you very much!
  16. Name of the Claimant: CEL claimants Solicitors: CEL Date of issue 17.10.2018 Date of issue 18.11.18 What is the claim for – 1.Claim for monies relating to a parking charge for parking in a private car park managed by the Claimant in breach of the terms + conditions (T+Cs). 2.Drivers are allowed to park in accordance with T+Cs of use. 3.ANPR cameras and/or manual patrols are used to monitor vehicles entering + exiting the site. 4.Debt + damages claimed the sum of 236.00 5.Violation date: 01/12/2017 Time in: 13:44 Time out 14:59 PCN ref: XXXXXXXXXXXXX Car Park: XXXXXXXXX Total due: 236.00 The Claimant claims the sum of 252.50 for monies relating to a parking charge per above including 16.50 interest pursuant to S.69 of the County Courts Act 1984 Rate 8.00% pa from dates above to 16/10/18 Same rate to Judgment or (sooner) payment Daily rate to Judgment – 0.05 Total debt and interest due 252.50 Amount claimed 252.50 Court Fee 25.00 Legal representatives costs 50 Total amount 327.50 What is the value of the claim? 327 Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim? PPC Were you aware the account had been assigned – did you receive a Notice of Assignment?Apologies, not sure what this means. I can check all letters I received if that helps. Do you mean, did I receive letters from debt collectors?
  17. Yes, I'm fighting a county court claim from a private parking company. I hope I posted it correctly, apologies if not, it's my first post here! Also, do you know how I can edit my first post please? There doesn't seem to be an 'edit post' button anywhere! Cheers
  18. Thanks for your reply, much appreciated. You mentioned that you haven't looked at it at all, but I provided full details of the claim right at the beginning. I have spent hours reading forums and learning fast. Have you helped any users on this forum in fighting a claim from a private parking company? Thank you very much. I will indeed consider all points before submitting however I am sticking to the truth.
  19. Hello everyone Firstly, a huge thank you to all the incredible volunteers that are helping us to beat these disgraceful companies, that are causing misery to so many innocent and decent human beings ;-) I thought I could do this myself but now I realise I need help! I will put as much relevant info below that will help any volunteer that is willing and able to help me win this. As the registered keeper of the vehicle in question, I too received a county court claim from Civil Enforcement Ltd (CEL) for an alleged parking violation. Following advice from other threads, I have completed the following...on the MCOL website, it has been acknowledged and box ticked wishing to defend in full (defence box left blank!). Now preparing to submit keeper defence. Details as follows: CCBC ISSUE DATE: 17 Oct 2018 Particulars of Claim state the following (exact) words: Claim for monies relating to a Parking Charge for parking in a private car park managed by the Claimant in breach of the terms + conditions (T+Cs). Drivers are allowed to park in accordance with T+Cs of use. ANPR cameras and/or manual patrols are used to monitor vehicles entering + exiting the site. Debt + damages claimed the sum of 236.00 Violation date: 01/12/2017 Time in: 13:44 Time out 14:59 PCN ref: XXXXXXXXXXXXX Car Park: XXXXXXXXX Total due: 236.00 The Claimant claims the sum of 252.50 for monies relating to a parking charge per above including 16.50 interest pursuant to S.69 of the County Courts Act 1984 Rate 8.00% pa from dates above to 16/10/18 Same rate to Judgment or (sooner) payment Daily rate to Judgment – 0.05 Total debt and interest due 252.50 Amount claimed 252.50 Court Fee 25.00 Legal representatives costs 50 Total amount 327.50 I have digital copies of all correspondence available (with personal info removed), if required. Regarding the alleged parking violation, details as follows: Incident Date: 01/12/2017 PCN Issue Date: 21/02/2018 Maximum 60mins free parking (Burger King Car Park) Alleged parking violation: Overstay 14mins and 20 secs The defendant does not recall who was driving the vehicle during the alleged incident, as there is more than one person authorised and insured to drive the vehicle (e.g. spouse). The driver may have spent time looking for a space/queuing to exit car park, and/or may have visited the car park twice. The ANPR has only recorded the vehicle entering and exiting, it is not an indicator of the length of time parked. The charge is obviously predatory and not based on any legitimate interest or commercial justification. The alleged violation occurred in Dec 2017. Upon receipt of the claim, the defendant has visited the car park to personally inspect the site and gather supporting evidence (photos available). Upon entry into the car park, there is a sign that says "Maximum Parking Terms Apply - see car park signs for T & Cs". This sign is placed at 90 degrees to the LEFT of a driver that enters the car park. There is no information on this sign that says there is a £100 charge for breaching any terms. When you enter the car park, there are signs placed high on the surrounding walls that state "60 MINS MAXIMUM STAY" and immediately underneath this sentence, in tiny font on a white background "If you breach any of these terms you will be charged £100". Drivers can only read this sign once they have entered the car park, exited their vehicle and stood directly in front of the sign". From the photographic evidence that the defendant has obtained, there is indication that a previous sign had been in place in the actual car park, as there are adhesive marks left on the brick wall where a sign has since been removed. The defendant also believes the signs that are currently in place may not have been the same ones at the time of the alleged incident. Indeed a quick Google Maps check shows that the entry sign now has an additional 'Data Protection Info' sign that was previously not there a few months ago. In February 2018 when the defendant originally received the PCN (the alleged incident occurred 01 Dec 2017), the defendant assumed that they should ignore what appeared to be a speculative invoice from a private firm, and dismissed them as fraudulent claims. Having re-read the correspondence upon receiving the court claim, the defendant has noted the absence to any reference of keeper liability, 'Notice to Keeper, POFA2012, but assumes that the claimant should adhere to POFA if they are claiming against the registered keeper? PLEASE can someone with experience of this review my draft defence before I submit it, so I can get move on with my LIFE! Also, please can you advise if I should include any other information (e.g. digital copies of photos, letters, etc). Many thanks to you all! Draft (keeper) defence as follows: DEFENCE ________________________________________ [removed - dx] ============= Note: I have not received any response to my SAR or CPR request. I did however receive a reply back from the DVLA. ============== Is my defence too long? Too short? Missing any other important information? Eternally grateful for any constructive criticism.... For anyone else reading this post in a similar situation, I have been given the following helpful advice from another forum user: [removed - dx] Good luck to everyone out there that is also fighting these cowards!
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