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

[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

 

[dx100uk]

ive removed the claimform scans

we don't need to see it

get that link done and all its questions and we'll get you started.

 

[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

[Mrs O'Frog]

So nowhere do they state in their POC what this has to do with you (i.e. driver or keeper), yet they state "drivers are allowed..." As you weren't the driver this is nothing to do with you.

[dx100uk]

NTK was out of time anyway

typical useless CEL claim.

 

dx

 

[dx100uk]

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

[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. 

[dx100uk]

defence is not req till day 33

it will be the std 2 or 3 line on on most PCN claimform threads already here

[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

[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

[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

[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 

[brassnecked]

So at the signature box it says CEL rather than say A. Jones? just asking as it aids the direction ericsbrother is indicating.

[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

[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

[ericsbrother]

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

[brassnecked]

So you have to go in through a barrier, then get Permit to display from hotel reception, do they even need a cowboy PPC in there?

[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. 

[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)

[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

[honeybee13]

When do you need to submit the defence, Karalius?

 

HB

[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. 

 

[dx100uk]

no 19th sept

 

dx

 

[Karalius]

15 minutes ago, dx100uk said:

no 19th sept

 

dx

 

What am I counting wrong here please? 

[dx100uk]

33 days from the date on the claimform top right.

all explained already in post 31.