CEL ANPR PCN claimform - no permit -Fox restrnt Connault Hse Hotel Lynx way Lon E16 1JR ***Claim Discontinued***

[ericsbrother]

First of all, phone the hotel and tell them that their pet cowboys are issuing demands when they are timed out to do so and as such are breaking the law.

it is your intention to fight this but you will be dragging them into the court battle that CEL will inevitably start so it would be wiser for them to tell CEL to stop this nonsense.

 

If they ask why you think it was incorrectly/unlawfully issued expalin about the lack of evidence and the time critical need to send the NTK out within 12 days of the event.

 

Google dates back to 2015 and has no signage there so another argument, that the hotel failed to indicate that patronage is only for people who accept unfair terms on an unseen contract decided by people who have been taken to court for attempting to inforce unfair contracts in an aggressive way. Make sure they know that social media is your friend end their enemy in things like this.

 

the PCN fails to be a proper notice in any respect, clearly CEL have decide to save money on printer ink by missing out all of the necessary parts to make this legal and enforceable.

Edited December 10, 2018 by dx100uk
spell/merge/space

[ericsbrother]

Permit holders only.

 

so no offer of parking to you as you dton hold a permit. Therefore any claim for breach of contract is an unlaful penalty as thre has been no genuine offer of terms.

 

Usual CEL garbage signs and along with their garbage NTK they wont win a court claim. They dot care though, they will get enough people to pay up to make it worth their while to continually flout the law.

 

Now go ad find the social media pages of the otel and slag them off for their use of a bunch of crooks wh brweak the law with their signs and how useless the management are at recognising the difference.

 

Continue to igonre CEL though

Edited December 13, 2018 by honeybee13
Paras

[ericsbrother]

keep an eye and put them back up if they get taken down. Think of a suitable twitter hashtag as well butmake sure you spell Connaught hotel correctly or you wont get anywhere

[ericsbrother]

you have had more than one private parking ticket and should be able to rwead up on this for yourself rather than asking us the same questions every time.

that will be your homework for this weekend, I will mark it for you next week

[ericsbrother]

you MUST read these letters carefully so you dont jump to the conclusion they want you to.

solicitors act as DCA's because they already have a CC licence but Dca's arent on the solicitors roll.

 

ask yourself why the bill has goen up to £186?

read the POFA paragraph where is says about notices via the post only and you will see that they can ony charge the invoiced amount as the keeper couldn't have read the signs to agree to further amounts being added. So, they either say you were the driver and lose when you say you aren't or they stick to the rules and create a keeper liability.

 

this limits the amount of money they can earn so they tell lies.

you can tell they are lies because they are written down and sent to you when you werent the driver

--end of as far as the law goes but they will want to try and get "their" money.

 

they are all ex-clampers and are still used to getting their way by violence and intimidation so difficult to break old habits

 

open another social media account with a different email addy and trash the hotel some more. the get your first account to agree with the new comments and soon others will join in

[ericsbrother]

Ok things to remember for later .

 

The POFA says thye have to include any pictures they have on the NTK and they didnt so they have failed to create ANY liability, let alone keeper liability. The signage is prohibitive so no contract offered to you.

however we nned you to gather your evidence regarding the sgnage as CEL will produce computer mock ups rather than real images and claim they are the same.

 

Now you have explained the why she was there I'm surprised that you didnt mention it sooner as we would have advised that she did a chargeback on her debit card. they would find that they could cancel the ticket soon enough then!

 

anyway CEL will try their best to coerce you into apying up but wont be likely to turn up at court themselves.

 

WHO signed the claim form for CEL? there must be an actual name there or it isnt legal. Also they have a habit of claiming legal fees when they arent using a solicitor so something else you can use against them in your outline defence

[ericsbrother]

OK lats take the last bit first, if they say claimants legal rep then that must be a solicitor and not CEL. F CEL signed it then it must be a person acting in a specifric capacity because it is also a statement of truth.

CEL dont know what the truth i hence their anonymous drivel.

As for piccies, images of every different type of sign and make a map of where the signs are and note whether any are visible at the entrance or not

[ericsbrother]

so Ashley Cohen has forgotten who he was pretending to be that day.

 

Now when you get your outline defence written you should include a section saying why the claim is duff and ask that it be  dismissed without a hearing under CPR 3.4 or 16.2 and 16.4 as they havent specified what it is about, just saying a parking charge rather than monies owed under a contract or for breach of contract ( specify which).

 

However a lot of these claism dont get read until much furhter on down the line so it may get allocated to your locl court before anyone looks at what is written

[ericsbrother]

entrance barrier? so you have to be invited in by occupier fo land and that trumps the parking terms anyway

[ericsbrother]

it still means that it is NOT managed by CEL but by whoever operates the barrier and their acceptance of your car overrides the contract that CEL offer to the driver. " I was gievn permission to park by the raising of the barrier by the occupier" will carry some consideration when you argue about performance to a contract- in other words CEL have nothing to offer so cant sue you  as they failed to keep their end of the bargain ( offer of bare licence to park)

[ericsbrother]

Look, you arent going to get a court date this side of christmas so dont worry about your holiday. the courts wont even send you the allocation questionnaire that soon if things are normal.

 

All you need to submit at the moment is an outline of your defence and that will be a couple of bullet points plus a request that the court use its management powers to dismiss the claim as having no merit by its own voilition as the POC is inadequate and the whole thing an abuse of Civil Procedure.

 

so what do you have- no keeper liability and you werent the driver. Inadequate signage, signage not compliant with POFA/ATA CoP so no contract can be performed by CEL. Also hotel refused to give customer permit so no contract can be formed ( doesnt say you have to display permit or get it before parking and you were refused help from hotel)

 

We are happy to help but this is not our court case so you need to knuckle down and do some proper reading up of your own as you ahve already been told. if you dotn understand it how can you talk about it in dec/jan if they do decide to break the habit of a lifetime and turn up?

 

Also have you slagged the hotel chain off online yet? facebook, twitter etc. open a twitter account jusy to do this if necessary. Ideally you want to make them think you will drag them along as witnesses ( law allows it but you have more chance of going to the moon than getting that enforced unless you qualify for legal aid). When you beat CEL you can go bakc and gloat and tell them that their parking management co are dishonest and uselesss to boot (no need to get your libel lawyers on standby, just look at the sig for the statement of truth or lack of it)

[ericsbrother]

Have you snet CEL a CPR 31.14 request for documents?

If you havent then it wont matter when you submit the outline defence. the idea of waiting until the last knockings is to give time for them to respond and then use the lack of response against them.

If you have you dont delay beyond the time you can submit your defence just to wait for them to do or not do something

[ericsbrother]

nOk, so whe you submit your outline defence you add the point

 

the defendant does not believe the claimant has locus standi in this matter as they have failed to show  an assignment from the landowner to them to enter into contracts with the public and to make civil claims in their own name and likewise the necessary planning consent for their signage and equipment as required under the Town and Country Planning Act 2007 and  these also  being requisites the BPA Code of Practice.

 

they will have responded if they were going to so safe to sub ,it your defence points.

 

Post them up here before you actually submit them, we might want to suggest tweaks

[ericsbrother]

No, you add this at the bottom of your defence and that will be the usual short one of  The claimant has failed to identify the driver at the time and as they do not rely upon the POFA to create a keeper liability there is no cause for action against the defendantas they were not the driver at the time

in any case no contract offered by the claimany by way of signage at the site so therefore no breach of contract

The you can say the signage is prohibitive in nature, not a genuine offer of parking terms

the you state you dont believe they have locus standi in this matter as they have failed to show sight of a contract with the landowner  that assigns the right to enter into contracts with the public and to make civil claims in their own name as per a CPR 31.14 request.

and then you put the bit about their crap POC and ask for the courts to dismiss using their powers under CPR 3.4

 

 

what i wouldnt say is the hotel refused to give you a permit. You do not mention anything about who was there or driving or why they were at the place. It might be needed later but only in response to their witness statement as you are not going to drop your missus in the mire as they may well stop thsi claim adn start a new one against her

[ericsbrother]

the last bit is not part of your defence so no number for the paragraph wanted.

It is a request, if it was your defence they will send you a N244 and demand £255 for reading it.

Please try and follow what people are trying to tell you very carefully

[ericsbrother]

post it now.

 

[ericsbrother]

copy to CEL by post

[ericsbrother]

ordinary post.

read up on service of documents and you will then realise that a letter is deemed delivered 2 working days after it is posted. We suggest that you get a POP receipt at the post office just in case but your service is just a courtesy as they can read it online and the law says they ahve even if they cant be bothered to as they used the onlne court claims system

[ericsbrother]

you will probably have to request in qwriting but usually email will suffice for somehting like this. The local court will give your email addy

[ericsbrother]

no, they have the powers to change the date unilaterally but clealry dont want to.

 

I would write to the court telling them you are out of the country on business at your employers command on that date and that it will cost you £4000 to travel back for the hearing and would they ask the claimant if  they are happy footing that bill just because the court wont use its powers to postpone things for a week ( or however long).

 

You should send a copy to the claimant as well so they know that they are in for a huge bill when they lose.

CEL wont want to turn up anyway so it might be enough to kill the claim.

 

If they dont agree then you remind them about the costs issue.

Lay it on with a trowel.

If the costs arent currenty that high check with an airline how much they charge for a standby ticket and you will see that they are

 

Now write and email the court and explain.