CEL PCN Claimform - Lambourne House, Bridge Cross Road, Burntwood, WS7 2BX

[123NeilyB]

17 hours ago, ericsbrother said:

WHO signed the claim form on behalf of CEL- there will be a name printed in the box at the bottom of that section. If it ws a solicitor then that should be signed in the line above.

Now Ashley has trouble remembering his name and how to spell so sometimes he confuses himself with a solicitor or even  a manager at the Co-op so we need to know what it says there

 

33 days is 33 days so it equates to 4 working weeks for most people

Hello,

Its Signed:

 

S WILSON, Head of Legal

(Claimant's Legal Representative)

 

I assume he / she works for CEL? 

[ericsbrother]

OK, make a note of that as it will be interesting to see who writes and signs the witness statement.

now of course we have never heard of S Wilson so when this all trundles on it might be interesting to phone them (phone number witheld) and ask for that person and then give them some blarney about needing a fax number. Reason I say this is becasue many parking co's and CEL in particular make up names or use the names of TV characters.

[ericsbrother]

also are there detailed particulars of claim or do they say they are going to furnish them withion 14 days? If the latter make sure you acknowledge the claim and then wait until theat time has passed and slap in a request that the claim de chucked out for failing to show a cause for action under  CPR ( whatever number it is)-look up and quote

[123NeilyB]

30 minutes ago, ericsbrother said:

also are there detailed particulars of claim or do they say they are going to furnish them withion 14 days? If the latter make sure you acknowledge the claim and then wait until theat time has passed and slap in a request that the claim de chucked out for failing to show a cause for action under  CPR ( whatever number it is)-look up and quote

POC just says:

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). Drivers are allowed to park in accordance with T+Cs of use. ANPR cameras and/or manual patrols are used to monitor vehicles entering + exting the site.

 

Debt + damages claimed the sum of 170.00

Violation date: 29/03/2019

Time In: 13:37  Time Out: 14:05

PCN Ref: <Redacted>

Car Registration No.: <Redacted>

Car Park: - Lambourne House

 

Total due - 170.00

(ref: www.ce-service.co.uk or Tel: 0115 822 5020)

The claimant claims the sum of 182.22 for monies releating to a parking charge per above includeing 12.22 interest to S.69 of the County Courts Act 1984.

Rate 8.00% pa from dates above to 20/02/20

Same rate to Judgment or (sooner) payment

Daily rate to Judgement- 0.04

Total debt and interest due: 182.22

[ericsbrother]

so they don't actually say what it was that you did wrong.

that is useful for you as you can argue there is no cause for action as they havent said what the supposed breach was.

 

for example they should say that the breach was an overstay of the prescribed time but they have been lazy and just said you owe the money because we say so.

 

Will this be a killer for their claim? unfortunately no but it can mean the judeg knocks 25% off for getting the paperwork substantially wrong but more likely it will add weight to your other arguments and they lose as a result of the judge prefering your evidence and the way you presented it.

 

Sounds much nicer than saying they are liars

[123NeilyB]

On 28/02/2020 at 11:55, 123NeilyB said:

Hello,

Its Signed:

 

S WILSON, Head of Legal

(Claimant's Legal Representative)

 

I assume he / she works for CEL? 

Hello. Just thought I would let you know, after a bit of digging... S. WILSON is SCOTT WILSON > Used to be main solicitor for Wonga!!!!!! 

[123NeilyB]

Mornings,

CPR response has come back this morning. CEL say in response to the questions:

1.    The contract between Civil Enforcement Limited and the landowner that assigns the right to enter into contracts with the public and make claims in their own name.

CEL Response: 

This information is business sensitive material. We can confirm that we have authority to manage the car park on behalf of the owner/tenant, to encofrce the terms and conditions of parking and the authority to issue proceedings in respect of any unpaid charges. A copy of our authority to manage the car park will be provided as part of the disclosure of documents with our Witness Statement should this matter proceed to trial.

 

2.     Proof of planning permission granted for signage etc under the Town and Country Planning Act 2007

CEL Response:

As you have not provided a substantive response as to why you dispute the PCN, this is not a relevant document. 

 

Thoughts?

Should i 'respond' to their letter about the above, or respond and include my Defence (which is almost ready) > The defence is going down the route of Abuse of Process... 

 

Cheers.

 

[dx100uk]

Ignore

Just them playing games

They will have to disclose everything at the disclosure stage (ws) if they run the claim that far.

 

Get reading up too!!

 

Dx

[ericsbrother]

heres my take on it.

1.  we say we have  a big stick but we are not showing it to you in case you arent frightened by it after all.

2 we dont have it so want you to look the other way

 

no need to resppnd as it is their answer to your CPR request for documents and they havent complied ( they dont have to but you can mention this in your defence and state that as the contract isnt forthcoming you dont believe they have one and thus no locus standi ( right to sue). They either get theirs out in public or go home.

 

lastly what is abuse of process when it comes to contract law? as already said it knocks 25% off the bill but doesnt defeat a claim

that is somehting that gets you a few quid in costs or a win at an appeal to a higher court. You stick to the contractual matters and why there is no contract or why the contrat is defective.