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

[Karalius]

Hi guys,

 

I have just received attached PCN .

It was not me who was driving the car, but my partner on said date.

The place of PCN is Fox restaurant, she was the customer at the said restaurant at that time.

 

Can someone please advise if we should pay for this said charge?

She did not see the signs around, however I am able to take some pictures if need be.

 

Look forward to hearing back.

 

Thanks

7.12.18.pdf

[Karalius]

1 Date of the infringement - 02/11/2018

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] - 04/12/2018

 

3 Date received - 07/12/2018

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] - N

 

5 Is there any photographic evidence of the event? No

 

6 Have you appealed? {y/n?] post up your appeal] - N

Have you had a response? [Y/N?] post it up - N/A

 

7 Who is the parking company? Civil Enforcement Ltd

 

8. Where exactly [carpark name and town] By Fox bar, Connaught House Hotel, Lynx Way, London, E16 1JR.

 

Jokers... If it matters I have parking permit of E16 too lol. Cheers

[Karalius]

Correct and I understand.

[Karalius]

Hi guys,

 

Just wondering what your thoughts are on this PCN?

 

Thanks

[Karalius]

Hi Eric - greetings!

 

I have called the hotel/bar and spoke with Duty Manager.

He would not get into any talks with me and kept on telling me that there are signs everywhere and I should have seen it.

In reality he would not get into any talks with me and was completely not bothered.

 

Not sure how to proceed now then.

I have also taken some pictures of the area and in fact there are small cameras all over the place with roughly 10 signs around the car park area.

jpg2pdf_(2).pdf

Edited December 11, 2018 by dx100uk
quote

[Karalius]

Perfect, I have just plastered their social media pages with some nice comments Thank you!

Edited December 14, 2018 by dx100uk
quote

[Karalius]

Hi guys,

 

I have just received letter from ZZPS debt collection agency demanding 170 quid for above invoice. Can someone please advise if I should ignore this letter or take some action?

 

Thanks

Scannable_Document_on_15_Mar_2019_at_11_46_12.pdf

[Karalius]

Thank you, I will keep this in the pile for time being

 

[Karalius]

Hi there,

 

I just received a letter from QDR Solicitors trying to recover the debt, which has now grown to £182... Going from previous experience I think it is likely they will be following with court documents soon. Should I file it for time being or start preparing? 

 

I didn't get much from speaking with the hotel directly and posting on social media pages... 

 

Thanks 

2.pdf

[Karalius]

I figured they would be same company by googling them. Man, such dirty tactics these people use... Thank you DX! 

[Karalius]

Good morning guys,

 

Hoping your summer is going well.

 

I have just received a claim form through the post from CCBC in regards to the above ticket.. I am starting to get worried as this is becoming serious again..

 

I have never had a pleasure of filling this form out, so was hoping someone could guide me and advise of the next steps I need to do please.

 

Obviously as suggested I have plastered their social media pages with no interaction from others, tried speaking with manager who did not care what I had to say etc. Not sure if I mentioned previously, but my partner was the driver of the vehicle at the time and she was a customer at the restaurant, but did not get a ticket for staying as she thought it would be included with the bill etc.

 

Any help would be much appreciated. Something else to add, I am leaving for holiday on 21st of September for 2 weeks. What would happen if my court case would be turned on the days during my holiday? 

 

Thanks

 

 

 

 

[Karalius]

Thanks HB, whoops I didn't see that one there and just edited! I will read over the provided link. 

 

I was not the driver at the time of offence. It does not say if they are suing me as a keeper of the vehicle. 

 

POC state: 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. 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 sum of £182, but total amount comes upto £267.25

 

[Karalius]

Hi DX, thank you, please see below. 

 

In order for us to help you we require the following information:-

 

Name of the Claimant ? Civil Enforcement Limited

Claimants Solicitors: Does not state, I believe same as above. 

 

Date of issue: 18 Jul 2019 

 

What is the claim for:

 

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 182.00. Violation date 02/11/2018. Time in: 17:52 Time out: 19:17 - Connaught House Hotel

 

Total due - 182.00 -

 

The claimant claims the sum of 192.25 for monies relating to a parking charge per above including 10.25 interest pursuant to S.69 of the County Courts Act 1984. Rate 8.00% pa from dates above to - 17/07/19. Same rate to judgement or (sooner) payment. Date rate to Judgment - 0.04. Total debt and interest due - 192.95

 

What is the value of the claim? 267.25, this includes 192.25 Amount claimed, 25.00 Court fee, 50.00 Legal representative's cost/ 

 

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?: I believe it was issued directly by the Private Parking Company (Civil Enforcement Limited), does not state otherwise on the POC.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?: No

[Karalius]

Thank you.

I just completed AOS according to your instructions. 

I will get the CPR request sent out to Civil Enforcement today.

Assume this is best to send it as signed for with tracking or simple first class stamp with a receipt from post office work? 

 

Is it possible that someone can please help me with filing the defence? 

Thanks and much appreciated as always. 

[Karalius]

Hi Eric, hope you are well.

 

I have taken some snapshots in post #11 of the area/cameras/signs, but perhaps they are not very clear. I will walk down there tonight and will take some clearer images during daylight. 

 

I did mention in post #1 that I was not the driver and that my partner was a customer at the restaurant at the time of offence. 

 

Civil Enforcement Limited signed the claim form. On the bottom it says (Claimant's Legal Representative) 

 

Many thanks

[Karalius]

Thanks Eric, makes sense and it 100% says CEL who signed it.

 

I am leaving work soon and will stop by there on the way home to take images. Will post them up later

 

Thanks 

[Karalius]

Thank you once again, I will keep this in mind when writing the defence.

 

I am attaching a drawing of the car park & entrance to the car park along with signs inside/by entrance.

 

Look forward to hearing back.

 

Thanks 

jpg2pdf (1).pdf

[Karalius]

Hi, my apologies for late reply. The barrier is open, however it is there as you enter, so I thought I would mention it and give all information. 

[Karalius]

Hi,

 

Sorry guys I have been on a work trip abroad and this has completely came out of my mind. I believe I should be starting to type out the defence as before the clock hits. 

 

Is it possible that someone could advise of the valid points I should use in my defence? I have my previous defence which I have used in court, however this situation is slightly different and would require some help. 

 

I have also noticed that the claim defence is only 122 characters

Thanks

Edited August 8, 2019 by Karalius
Missed adding a point

[Karalius]

Claim was issued on 18th of July, so if the defence has to be in by day 33 (assuming the weekends do not count as days) then it would be by 2nd of September.

 

Not sure if this potentially could cause me some issues. I have a holiday trip for 2 weeks from 21st of September to 6th of October. 

 

[Karalius]

15 minutes ago, dx100uk said:

no 19th sept

 

dx

 

What am I counting wrong here please? 

[Karalius]

Thank you all, I appreciate the help. I will start reading and looking at my case more deeply, then start building up the defence. 

 

Thank you for the valid points Eric. Should this defence be submitted last day before the due date (18th August) or advisable to do so earlier? 

 

Many thanks and I will post my defence for review once I have collected all the evidence and read up more on it. 

[Karalius]

Yes have sent it on the same day as DX suggested, 22nd of July. 

[Karalius]

Good morning all,

 

I have wrote out a defence points and added the points as suggested by Eric. Can someone please review and advise if this is good enough. I will then post this on Sunday 18th before the deadline. The only thing I'm worried about adding the point 1.4 is that there is a sign below CEL that says "Connaught customers please register your vehicle at the reception desk to avoid a parking fine", but I guess this point is not valid and does not come together with the contract signs. 

 

Looking forward to your thoughts.

 

Best wishes

 

1.       Order dismissing the Claim

1.1 I request that the court use its management powers to dismiss the claim, as claim by the Claimant has no merit by its own violation, as particulars of claim are inadequate to determine what is being claimed and why action has been taken against the defendant as there no keeper liability in this matter and I were not the driver at the time. The claim is abuse of Civil Procedure

1.2 Inadequate signage – signage is not compliant with POFA/ATA CoP so no contract can be performed by the claimant. I could not have accepted contractual obligation and also the amount claimed then becomes a penalty as it is clearly there to act as deterrent and not a genuine offer to park

1.3 The amount claimed is different from the contractual sum if indeed the contract was offered to anyone. Refer to POFA para 9(2) and the amount being greater than the amount specified at the time

1.4 Hotel refused to give permit so no contract can be formed

1.5 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.

[Karalius]

It's supposed to be defence, but as Eric suggested that I should mentioned the court to dismiss the claim I have added "order to dismiss the claim". 

 

I am sorry, but I have ever only wrote the defence out once in my life time and not very knowledgeable about the courts.