CEL ANPR PCN - POPLA unsuccessful -PAPLOC - Now Claimform - Morrisons, Butterfly Walk Car Park, London SE5 8RW - paid have receipt too! ***Claim Discontinued***

[lookinforinfo]

Annaboo your WS was not as strong as it could have been. I have put in what you should also have said. You didn't complain enough about their poor payment facilities which  made it virtually impossible to pay within the allotted time but as you paid that should be enough with most Judges. Sadly not with them all.

Hopefully their WS will give you the opportunity to add an addendum to your first WS .

The signage can be very important-it should comply with PoFA and the BPA Code of Practice. They don't. The entrance sign does not list the T&Cs so is only an offer to treat it does not offer a contract. There is nothing on the sign that mentions the car park is BPA approved. That is a breach of their Code of Practice.

Once inside the car park motorists are faced with three different companies signage-none of them are by CEL and none of them are members of BPA or IPC. Further one of the companies ceased trading back in 2019. I cannot see that CEL can lawfully issue PCNs in this car park when the Terms and Conditions of the companies who have their signage in the car park appear to need vetting or approval from the DVLA, BPA or the IPC. Again none of the signs are marked with the BPA approval sign just like the entrance sign.

This is the BPA Code of Conduct relating to signage 

"19.7 You should display the BPA’s AOS logos at all sites. This will help the public to see that you are a legitimate operator, and show that the site is run properly"

The inference here is that there is no legitimate operator and the site is run improperly.  Also CEL is thus failing to comply with its Code of Conduct and as such should not be able to gain data from the DVLA. And should not have been given your information.

As an aside Annaboo, ABC Facilities Management ltd was dissolved on 11th April 2023. Might be an idea to see if their signs are still present in the car park. [The fact that it was dissolved this year doesn't affect your case as that happened back in 2021 but if their signage is still there now I am sure CEL will not want to go to Court.

 

 

 

 

[Annabooo]

Thank you for this Lookingforinfo, I will wait for their WS. If I need to submit a revised WS, I will add those points that you have listed. Thank you so much for this! 
 

I feel they have given up already. Such a shame. 
 

Will wait until Mid July to find out if the case is struck out or not. 
 

 

[Annabooo]

Hi all, to keep this post up to date. 

I have still not received the claimant's WS. 

I have now emailed the county court to see if the case is struck out or not. 

I have also called the court but they are not answering and I have been put on hold for over 20 minutes so I hang up. 

Will wait for the court to reply to confirm what is happening. 

[FTMDave]

Yes,. you need to find out if they have paid the hearing fee.

It's a pain but you'll have to keep on trying to contact the court.

[Annabooo]

I will do. 

Hopefully I will get through at some point. 

[Annabooo]

I have gotten through to the Call Centre of the county court and spoke to the lady on the phone after waiting for 45mins. She said the case has been 'discontinued'. I asked if this means it is a struck out, she said no not necessarily. I will need to email my county court or call 24 hours before the hearing. 

She is not able to see any more information on her system. I will need to call 24 hours before and then they can chase for me. 

I guess I'll just have to wait for my County Court to reply to my email. 

Edited July 21, 2023 by Annabooo

[lookinforinfo]

Is there any update on MCol?  24 hours advance notice is not good enough and cannot be right. 

[Annabooo]

Nope, MCol said my claim has been transferred to my County Court in Jan. That was the last update. 

I am happy to attend all prepared on the hearing date. 

I just can't believe how rubbish the court system is in the UK. 

[FTMDave]

This is very, very promising.

The fleecers don't write a WS.  On the phone the court talk about discontinuance.  Your case is exactly the type that the charlatans often wet their pants about at the last minute.  It all adds up.

But no chickens should be counted!

What is the date of your hearing?

[Annabooo]

Yes I knew I had a strong case. 

They were trying to scare me into paying and went as far as getting the court to write to me. 

I was prepared to ignore and turn up in court. 

Going through this whole process, I just cannot believe how rubbish this system is. 

Let's see what happens! 

My court date is on Monday 14th August. If I am to call 24 hours before, it will need to be on a Sunday! 

 

[dx100uk]

i think - to be discontinued the claimant would have needed to have sent the court & you an N279 

if it had been struck out by the judge because they didnt file a WS it would state that and the court would write

looks like you've won.

 

dx

 

[Annabooo]

Let me wait until I get the court to confirm. 

They fought me all this way just to pull out last minute.

I might give them a call to see what is going on. - Is this a good idea? 

 

[Nicky Boy]

Would you believe anything they told you?

Pretty pointless,  eh?

[Annabooo]

No I will still wait for the court to confirm.

I thinking calling them is for me to rub it in. But yes you are right, pointless. 

I just want to move on from this. 

[FTMDave]

Yes, it's highly likely a letter from the court or from the fleecers will drop through your letter box shortly.

[dx100uk]

courts do not inform you if the claimant sent a N279

the claimant should send you a copy.

IMHO no harm in ringing them.

cant hurt you dx

 

[Nicky Boy]

Could that be poking the hornets nest and eliciting an N279 DX?

Or, is it too late for them now?

[Annabooo]

If they haven't paid the court fee by 14th July, then it is too late. 

I will wait to hear from the court first. 

[dx100uk]

if the fees are not paid then the court strike the claim, a court cant disc a claim, only the claimant can.

the court will write if they strike it out. the claimant writes if the disc.

dx

 

[FTMDave]

I would suggest waiting till the end of the month to see if a welcome letter pops through your letter box, which is highly likely.

If nothing appears, please come back here on 1 August.

[Annabooo]

Sure, I will keep an eye out for it. 

Thank you all so much to help me get through this far in the process. 

[Annabooo]

Hello All, 

I have been waiting patiently for the N279 from CEL and I still have not received anything. I do not believe they will be sending anything now. They are not complying with the court. 

What I can do now is call the court 24 hours before to follow up. 

I also went back to the car park to check the signs and the pay machine and the name has completely changed. Atlantis FM Ltd is the name on the signs and it is all over the car park now. Same information/colour, only the name has changed. Their pay machine is from Flowbird and they have added card payment. 

 

[FTMDave]

This must be extremely annoying.  Sadly I don't think there's any alternative than to keep pushing for an answer.  You can't be left with uncertainty till the day before the hearing!

1.  Call the court - again - and ask what the status of the claim is.  If they say it's been discontinued ask them to e-mail you so you have it in writing.

2.  E-mail the court - again - and ask them the status of the claim.

3.  Phone DCBL and ask them if they are proceeding with the claim.  If they say it has been discontinued then say you have had nothing in writing and will they e-mail you the Notice of Discontinuance.

[Annabooo]

I have just sent the court another email.

The court still haven't replied back to me from 2 weeks ago. I can call the court again but the lady on the phone did say that I will need to email the court for an update because all she can see on her system is the case has been 'discontinued' and advice me to call up 24 hours before and then she will have more information and can chase for me. 

As for DCBL, I have blocked their email! Shall I still call them? 

I don't want to waste too much time stressing over this. 

I can still turn up at the court on the day. 

I am just shocked at this whole process. DCBL not complying with the court order, the court not responding to me. It is frustrating but I am not going to stress over it. 

[FTMDave]

Point taken about the court.

Yes, phone DCBL.  They might confirm discontinuance and then e-mail confirmation.

Or they may be a waste of time.  But it can't harm you.

Don't worry about the use of e-mail, if the case is over it won't matter if they e-mail you.