CEL 2017 ANPR PCN PAPLOC Now Claimform - Burger King, West Forest Gate, Wokingham, RG40 2AT *** Claim Discontinued***

[dx100uk]

just remember it might have been part of an earlier 'industrial area'

under a differing planning name.

 

 

[BStealth]

 i attach all 3 files from the council which date back to 1994.

They were unable to find anything else in relation to car parking permits or erection of ANPR cameras etc.

There is nothing else specific to CEL of which they can provide me.

 

35731.pdf 42365.pdf

41585.pdf

 

I have not heard back from CEL in response to my letter i sent.

[dx100uk]

oh how unusual, CEL have zero planning permission, and zero legal remit to vary or dictate any free parking limits.

[BStealth]

To update, still no response from CEL to my snotty letter. Have they vanished.... hmmmm.... doubt it!

[FTMDave]

You won't get a reply.  They will either take you to court or silently slide back under their stone - hopefully the latter! 

 

Even if you hear no more keep all the paperwork, they have up to six years to bring a claim.

[BStealth]

Morning,

 

Received a letter today dated 1/10/20.

DO NOT IGNORE - FINAL REMINDER BEFORE LEGAL ACTION, AMOUNT DUE £182

Dear sir/madam,

 

We previously sent you a letter before action in which you were advised that failure to response would result in legal action being commenced. However, we wish to provide you with a final opportunity to settle this matter before commencing legal action. If the amount due is not paid within 14 days of the date of this letter we will now issue legal proceedings, and the amount due will increase by over £75.

if you ignore this letter and fail to respond, proceedings will be issued against you and may increase your liability for costs.

Yours faithfully, 
Legal Team

CEL

 

Not worried. No letter of claim sent  . They've clearly not paid any attention to my snotty letter.

[FTMDave]

So it's a last last last chance!

 

They just never get on with it and take you to court ... almost as if they know their claim is pants

[BStealth]

no letters over the past week however the 14 day deadline was yesterday.

 

I happened to be away from home last week and so visited the location of the 'ticket'.

The ANPR camera is erected on the building of the burger king - Do they need planning for this?

 

The entry sign warning of parking restrictions is bent (by a vehicle I'd presume as its high level) and is partly covered by branches. No idea if this was the case years ago however it's possible to park without noticing the restrictions.

[FTMDave]

I would think they would need planning permission, yes.

 

Did you get a photo of the bent & obscured sign?  That would be good to have if they were stupid enough to do court.  Let them prove it wasn't like that when you parked.

 

Good to see CEL professionally "managing" the car park then, leaving knackered signs about

 

 

[lookinforinfo]

Although advertisements were approved back in 1994 we do not know what the ads were for-so may not have been about parking. And even if they were, the consent is only granted as long as the signs are then not altered and continually shown.

 

As it was a different company back then, their signs would have to come down when the new company took over so there does not appear to be any current signs permitted.

[BStealth]

To add to this, I still have heard nothing. 

[dx100uk]

they have 6yrs..

[BStealth]

6 years since date of PCN, event or last correspondence? 

[dx100uk]

incident

so don't move without informing them.

 

dx

[BStealth]

Good morning,

 

This morning I have received a 'claim form' with a claim no. and claim date of 09/02/21.

 

Particular of claims:

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 camera and/or manual patrols are used to monitor vehicles entering + exiting the site. Debt + damages claimed the sum of £182.
Violation date: XX/XX/2017
Time in: 16:16 

Time out: 17:29
PCN Ref: XXXXX

Total due: £182
The claimant claims the sum of £228.35 for monies relating to a parking charge per above including 46.35 interest pursuant to s.69 of the county courts act 1984 rate of 8% pa from dates above to 08/02/21. Same rate to judgment or sooner payment daily rate to judgement 0.04 total debt and interest due £228.35. 

Amount claimed: £228.35
Court fee: £25
Legal costs: £50
Total amount £303.35


------------------------------

I know its quite an ask but what would the advice be here? I cannot confirm I overstayed but with ANPR its unlikely that they're wrong.

 

[brassnecked]

As they have now issued a claim, follow the advice on this sticky and the team will be along soon with further assistance

https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-aug-2016/

[BStealth]

Thanks for your prompt response. I really cannot be dealing with receiving a CCJ or even taking the risk of getting one due to my current situation. Sure, I've been unable to find any planning permission for the erection of the ANPR camera and signage but that doesn't deny the fact I was there, as the ANPR says so. 

I need to pay this but maybe I can reduce the cost in someway?

[FTMDave]

You don't need to pay it.  The regulars here will guide you through preparing for the court case.  Caggers have beaten CEL in court many times.

 

In any case the difference between paying the amount now and paying if you were to lose in court is very small.  You might as well fight it. 

[dx100uk]

So no letter of claim was issued about a month ago with a reply pack?

.............

and you have 28 days to pay even if you lose before it gets registered

 

dont give in to CEL, the very fact theres probably no planning negates the speculative invoice 

 

 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]

 

 

 

 

[BStealth]

Sorry for my ignorance but if I lose the case, I can still pay the final bill and NOT receive a CCJ?

[dx100uk]

yes you'll have 28 days

go read my last post i've just updated it ..no letter of claim?

 

[BStealth]

Nope, no letter of claim just the letter above in this thread of 1/10/20 

DO NOT IGNORE - FINAL REMINDER BEFORE LEGAL ACTION, AMOUNT DUE £182

[dx100uk]

ignore me you got a PAPLOC last year and replied

[FTMDave]

Cost if you give in now - £303.35

 

Cost if you win in court - £0.00

 

Cost if you lose in court - £303.35 plus £25 hearing fee plus a bit more interest minus potentially the £82 Unicorn Food Tax they've made up.

 

You might as well fight them.

 

As dx says, if you did lose and paid within 28 days there would be no consequences whatsoever.

 

I've just had a quick skim through the thread but as well as no planning permission I think there's no keeper liability and they are suing you for essentially overstaying by three minutes plus they have added on made-up amounts.

 

It's not "quite an ask" - that's what we're here for!

Edited February 10, 2021 by FTMDave

[FTMDave]

What happened the last two times CEL took Caggers to court -

 

https://www.consumeractiongroup.co.uk/topic/417771-cel-pcn-claimform-tenerife-buildings-station-road-south-gosforth-newcastle-ne3-1qd-claim-discontinued/

 

https://www.consumeractiongroup.co.uk/topic/421714-cel-pcn-claimform-white-cross-business-parkclaim-discontinued-now-going-for-gdpr-breach-claim/