CEL ANPR PCN Claimform - overstay - Portwood Court, Garfield street, Stockport, SK1 2ED.

[dx100uk]

northants bulk 

click it

 

opps link not working

 

Northampton County Court Business Centre
St Katharine's House
21-27 St Katharine's Street
Northampton
Northamptonshire
NN1 2LH
United Kingdom

Telephone

0300 123 1056

[benny46]

Thank you dx100uk, I'll have to ring them tomorrow when I get back to the UK, I was number 26 in the queue so it would have cost a fortune keeping on hold.

[AndyOrch]

Email ?

Directions questionnaire

[email protected]

[ericsbrother]

they are VERY slow to respond to emails so try phoning even if you get stuck in a queue. I find that ringing first thing in the morning is best, before everyone else opens letters they got that day and start to ring in.

 

You muist impress upon them that you supplied the correct address in Saudi and have received nothing and demand to know what address they sent stuff to.

 

deny having a UK postal service address If they ask you to fill out a N244 ask that the matter is considered by the court manager first as it is their error and not yours and you would rather speak to the MoJ then spend money sorting out their mess.

[benny46]

OK, i got through today, they state the reason my defence has been struck out is because I did not respond to the DQ sent out to my Saudi address.

I asked how they posted it and they stated that they just put it in the mail, I told them there is no mail in Saudi Arabia to deliver letters any post is delivered by DHL or other such companies, they stated they just post stuff out.

So my only options are re-open my defence which has a £100 fee or await the result of the hearing in which I presume I will be found against as I have no defence.

[ericsbrother]

there will be no hearing, you will have to make a formal complaint to the MoJ and the Court manager, Northampton CC about this. dont let it drop as the courts service always blames others for its own incompetence.

 

Spending the money to get this decision set a side would be wise, the court will refund it or charge the claimant if you get the set aside. Either way you dont end up out of pocket.

 

get back on to them and tell them that you intend to do this and ask that the set aside be dealt with "on the papers" rather then forcing you to return to the UK.

 

[benny46]

I don't understand what you mean  ericsbrother,

do you mean there will now be no hearing and I am automatically guilty and have to pay the full amount

 

are you saying I should spend the £100 to have my defence re-opened and then make a complaint,

 

sorry I can't understand your wording of what I am to do next.

[dx100uk]

you are after getting the default judgement set aside 

N244 no hearing physical attendance required, on the paper submission of your N244 only = £100

 

no such thing as re opening your defence.

 

 

 

 

[ericsbrother]

yes., go for the set aside, you will get the money back from someone. there is no GUILT, it isnt a criminal matter.

 

COMPLAIN to the court manager and the Ministry of Justice about how they have handled this matter and they might just undo the mess without demanding the money as it is their fault.

 

this is not likely because they never admit they are ever wrong

[benny46]

 

Does anyone have any idea how to fill in this form,

do I have to fill in the top right hand box with a court name and claim number

do I put a claimants name and defendants name,

there is no info on the guidance notes.

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/732360/N244_web_0818.pdf

[dx100uk]

yes ofcourse you do

 

type in N244 in our search and read up!!

[benny46]

OK, I was advised by the court that I would have to pay the £100 fee to ask for my defence to be re-opened which I did, today I got a letter stating that the order dated 29th October be set aside and the claim will be sent to the County Court at Stockport so at least my feeble defence is still in place.

The only problem I now face is on the forms I had to complete, it asked what dates i would not be available on and I put the 10th Jan 2020 to 9th of Feb 2020 as i will be in the far east but I will also be leaving for Spain on the 2nd December to the 22nd, if the court date comes up between the latter 2 dates can I just ring them and say I'm not available or should I come back for the hearing and if I win claim my air fares?

[dx100uk]

you mean the N244 ..

its not to re open your defence... no such thing.

its was to set aside the judgement on papers only costing £100

that has succeeded. job done there over with.

so the whole thing has now been reset to the point whereby it's just like you have only just received the original claimform

 

so..stockport will write to you now with new directions 

that form will inform you what to do if the hearing date fall within a period you are not available.

[benny46]

I have received a date for the hearing at Stockport and all the information of my defence has to be submitted by the 2nd of January 2020, It states I have to submit my defence to the court and also to the opponent, in saying opponent do they mean CEL or the Solicitor representing them or both, and should I send these by recorded delivery.

 

on to my defence as far as I can see unless anyone has any other suggestions it will be based on the sign on entering the car park which states "free parking" in bold letters and the fact I did not read anymore than that but also the fact that I had previously read the conditions which on google state 3 hours free parking whereas the signs have since been changed to show 1 hour,

I have a screenshot off google maps showing 3 hours,

 

I will also state that there does not appear to be any planning permission for the signs or to amend them at will on the Stockport portal,

also I was parked on Garfield street street car park not portwood court as on the Solicitors documents.

 

Should I also go for the fact that the signs within the car park are to high to be read as the lettering is small or just leave at the basic free parking sign.

 

I have attached the main body of the court letter, it is a bad copy as it was sent to me by whatsapp as I'm not back in the UK until tomorrow.

[ericsbrother]

are they using a solicitor? If they are you respond to the solicitors and not CEL.

Tell us who the solicitor is as well as CEL used to name a struck off lawyer but gave up on that when he got further sanctions for letting them use his name and they automatically lost every case where he signed off stuff for the same reason once it became public.

 

as for yor WS, you need  to start off by telling a story about the events but do so in the third person so you dotn say me or name CEL, you say "the defendant" and "the claimant" .

 

Now you dont start off by saying I pakred my car either , that immediately identifies you as the driver so you need to make it clear that you are acting in the capacity of defenadant as named by them as the keeper of the vehicle so mentioning that you were thereat the time is not a good move

 

[ericsbrother]

I just wrote a long treatise on what to say but a glitch has deleted it all and page loading a bit slow, it may just be because it is friday or there might be gremlins in the works.

[benny46]

On the first page of the court letter  it states civil enforcement as the 1st claimant and myself as the 1st defendant, there is no mention that I can see of a Solicitor.

 

[ericsbrother]

the you write to them but do your draft, post it uop here and wait for comments.

 

Dont post it off until the very last knockings so you give them the opportunity to send theirs first or pull out before you have to submit.

 

If they see your defence and it is garbage they may well fancy their chances, a well constructed defence sent in late enough to mean they risk a costs decision if they havent submitted theirs will probably result in them dropping the claim

[benny46]

Would this be any good as a defence, also should I measure the lettering on the signs when I get back to the UK.

 

On (xx-xx-xx date) I received a parking charge notice from the claimant alleging my vehicle overstayed at Portwood Court car park in Stockport.
Using google maps I cannot find a Portwood Court car park but have found a Garfield Court car park in Stockport at a similar location .
At the entrance to this car park is a large sign stating "FREE PARKING" (see enclosed picture) with other wording which is too small to read, there are no terms just an offer of free parking.

As the defendant I have since visited the car park and found that there are other signs within the car park that also have different wording, they state 1 hour free parking whereas the entrance sign only states free parking.

On google maps the signs that now state 1 hour used to state 3 hours (see enclosed picture from google maps dated March 20017)

 

I have scrutinised the Stockport Council Planning Portal but can not find any permission for the original signs to be erected or permission to vary the times as and when the claimant sees fit therefore as a defendant my opinion is that the signs are unlawful and I cannot be bound by an unlawful contract.

 

[ericsbrother]

read other defences and see what they have that yours doesnt.

For a Witness statement you chuck the whole kitchen sink in

 

You dotn ay things like I cant find Portwood court, you state that there is no such place and state that your vehicle was parked elswhere at the time. You then produce evidence of this argument and you images showing free parking and then argue that this offer doesnt mention anything else and any small signs dont apply as they breach S62 of the CRA 2015

 

You use the 3 hours signs and state that the new signs were only placed there after this event so could not be part of any contract offerd at the time.

 

You also need to axplain about the planning matters and the 2007 Town and country Planning Act. and what section of the advertising dispaly hoardings regs apply to this kind of stuff along with panning law on ANPR cameras on poles being different to CCTV cameras attached to buildings

 

Know your stuff and show the relevant law as the judge ist going to look it up

[benny46]

Thank you ericsbrother, that will be my project for today, I have by the way received a mediation email from them offering me a full and final settlement of £60 which I have not responded to as yet.

[dx100uk]

begging already.

 

discontinuance soon then

 

dx

[benny46]

Is this a better reply, its taken me all afternoon to find all this.

 

On 30-01-2018 I received a parking charge notice from the claimant alleging my vehicle overstayed at Portwood Court car park in Stockport on 23-01-2018, I do not know where Portwood Court is and my vehicle was parked on Garfield Court at the alleged time.

 

This is my witness statement of defence against the claiment Civil Enforcement Limited.

Firstly at the time of the claim I could find no evidence of any planning permission on the Stockport Council planning portal for any signs on the car park at Garfield street and this is where my vehicle was parked, it is my understanding that these signs in order to be legal require planning permission, there was also no planning permission for any pole mounted ANPR cameras and permission is also required for these.

Within the Town & Country Planning (Control of Advertisements) (England) Regulations 2007 (as ammended) it states "If a proposed advertisement does not fall into one of the Classes in Schedule 1 or Schedule 3 to the Regulations, consent must be applied for and obtained from the local planning authority (referred to as express consent in the Regulations). Express consent is also required to display an advertisement that does not comply with the specific conditions and limitations on the class that the advertisement would otherwise have consent under."

The signs within the car park do not fall into the above catagories and are therefore  illegal as they should have planning permission and I cannot be bound by an illegal contract.

 

Secondly please see attached picture number 1, this is the sign at the entrance to the car park, this clearly states that the car park is free and has no contractual agreement on it therefore it is just an invitation for motorists to park there.

 

Thirdly please see attached picture number 2, this is a screenshot from Google earth, it clearly shows that the signage, used to show 3 hours free parking, not the one hour that Civil Enforcement are claiming, anyone who has previously read the terms and conditions displayed within the car park, which I had done, would be under the illusion that you can park for 3 hours as you have read the terms and conditions.

 

Fourthly the British Parking Association Code of Practice clearly states in the Operational Requirements for England and Wales, Section 18.11 " 18.11 Where there is any change in the terms and conditions that materially affects the motorist then you should make these clear on your signage. Where such changes impose liability where none previously existed then you should consider a grace period to allow regular visitors to the site to adjust and familiarise themselves with the changes."
As you can see from the entrance picture number 1 which was taken when I received the original Parking Charge Notice the change from 3 hours to 1 hour was not made clear at the entrance to the car park.

Edited December 23, 2019 by benny46
Bad Grammer

[dx100uk]

look at the other pcn ws's here

syart with...

 

I am the registered keeper of vehicle reg xxxxx etc

[benny46]

Is this better, also how much can they claim, they are alleging I owe over £270 due to their additional costs, are they allowed to keep adding this?

 

IN THE  COUNTY COURT OF XXXXXX
Claim No. XXXXXX
BETWEEN:
Civil Enforcement Limited
Claimant
– and –
Defendant
YOUR NAME  
___________________________________
This is my Witness Statement  dated 27 December 2019 in relation to the upcoming  case number XXXXXXX.
______________________________________  
I am XXXX XXXX, of MY ADDRESS

 

I was the registered keeper of the vehicle in question on the date concerned.

On 30-01-2018 I received a parking charge notice from the claimant alleging my vehicle overstayed at Portwood Court car park in Stockport on 23-01-2018, I do not know where Portwood Court is and my vehicle was parked on Garfield Court at the alleged time.

Firstly at the time of the claim I could find no evidence of any planning permission on the Stockport Council planning portal for any signs on the car park at Garfield street and this is where my vehicle was parked, it is my understanding that these signs in order to be legal require planning permission, there was also no planning permission for any pole mounted ANPR cameras and permission is also required for these.

Within the Town & Country Planning (Control of Advertisements) (England) Regulations 2007 (as ammended) it states "If a proposed advertisement does not fall into one of the Classes in Schedule 1 or Schedule 3 to the Regulations, consent must be applied for and obtained from the local planning authority (referred to as express consent in the Regulations). Express consent is also required to display an advertisement that does not comply with the specific conditions and limitations on the class that the advertisement would otherwise have consent under."
The signs within the car park do not fall into the above catagories and are therefore  illegal as they should have planning permission and I cannot be bound by an illegal contract.

Secondly please see attached picture number 1, this is the sign at the entrance to the car park, this clearly states that the car park is free and has no contractual agreement on it therefore it is just an invitation for motorists to park there.

Thirdly please see attached picture number 2, this is a screenshot from Google earth, it clearly shows that the signage, used to show 3 hours free parking, not the one hour that Civil Enforcement are claiming, anyone who has previously read the terms and conditions displayed within the car park, which I had done, would be under the illusion that you can park for 3 hours as you have read the terms and conditions.

Fourthly the British Parking Association Code of Practice clearly states in the Operational Requirements for England and Wales, Section 18.11 " 18.11 Where there is any change in the terms and conditions that materially affects the motorist then you should make these clear on your signage. Where such changes impose liability where none previously existed then you should consider a grace period to allow regular visitors to the site to adjust and familiarise themselves with the changes."

As you can see from the entrance picture number 1 which was taken when I received the original Parking Charge Notice there is nothing intimating that the terms and conditions have changed from 3 hours to 1 hour as is required by the British Parking Association Code of Practise.

 

 

Edited December 24, 2019 by benny46
Spacing