CEL PCN Claimform - Appealed - Red Lion Car Park, Wetherby LS22 6LR

[FTMDave]

Thanks.  I'll have a good look through in a moment.

Meanwhile - what was the response from the pub?

[honeybee13]

Hi.

I did spot one problem with your upload - you've left your name and address on the 12th August letter.

HB

[Nick]

Said they couldn't do anything about it

Thank you - I have changed it now

[dx100uk]

pdf sorted you'd left details on page 9.

dx

[dx100uk]

PS you need to kill them having your email address!!

 

[FTMDave]

It's nonsense that the pub can't do anything - they called CEL in!  Still, if they won't cooperate that avenue is closed.  It's a pity you didn't contact them in July 2022.

I think CEL have ballsed up badly here.  You failed to input your vehicle reg.  But the PCN is for a completely different "offence" - "Permit Holders Only"!

Make sure you file your defence by Friday's deadline.

 

Edited May 1 by FTMDave
Defence deadline emphasised

[FTMDave]

I see CEL accepted all the stuff about you being a genuine customer and offered to settle the matter for £20.

What was your logic for refusing their offer of settlement?

I'm not saying you were wrong, we have plenty of cases where motorists have quite rightly told the PPCs where to stuff their £20 offers.  Just interested in your reasons for making the decisions you have been making about your case.

 

[Nick]

To be honest, the 1st time I noticed the £20 offer was in the pack I got by email

[FTMDave]

As suspected.

You could have approached the pub in July 2022 - you didn't.

You could have got rid of the matter in August 2022 for £20 - you didn't.

You could have put them off doing court by replying to their Letter of Claim - you didn't.

There is a pattern here.

The result of your (in)actions is that now you've got a court case.

CAG has an excellent record in winning private parking court cases.  I once calculated them over two years and it was around 85%.  However, if you don't wake up, start to read documentation properly and give this case your undivided attention, you will be in the 15%.

I hope you have your defence ready and are aware of the Friday deadline.  In fact I would file it today just to be on the safe side.

[Nick]

I did approach the pub in July 2022 but was told not to worry about it as they can't enforce it

 

[FTMDave]

That's interesting.  Methinks the pub needs to be pushed to accept its responsibilities.

Were either of the July 2022 or recent communications in writing?  If so, can you please post them up?

[Nick]

So is there any help here or am I just going it alone?

 

Nothing in writing just verbal, I am due to call Pete again tomorrow to push

Edited May 1 by Nick

[honeybee13]

Yes there is help.

How are you doing with your defence and could you answer FTM's question please?

HB

[Nick]

I have done

[dx100uk]

bit cheeky to go back and edit and add the required answer to your previous post after HB asked the question...

[Nick]

I didn't if I'm being honest, I edited it as soon as I posted, not my fault Honey bee is quick off the mark 

[honeybee13]

Let's not get combative please, we're just trying to help. This is what FTMDave said.

I hope you have your defence ready and are aware of the Friday deadline.  In fact I would file it today just to be on the safe side.

HB

[Nick]

No I don't have a defence ready is the honest answer, I haven't a clue how to go about it, That's why I posted here in the 1st place. In other news I am about to enter into a DRO and have listed this down as one of my debts so I am keen not to get a CCJ before I get a Bankruptcy on my credit file

[FTMDave]

Hurrah!

We got there.  After asking four times about the defence you've answered.

To win this you will have to be a hell of a lot more pro-active and get reading up.  The standard defence is on every single claim form thread here.

So first task for the evening.

Go to  https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-dec-2021/

Scroll down to  Q2) How should I defend?

There is the standard defence.

Change (6) into (7) and add a new (6).

6.  In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative.

Get if filed this evening.

[Nick]

Thank you - Defence has now been filed

Doc_20240501_182920_Redacted.pdf

[FTMDave]

2 hours ago, Nick said:

Nothing in writing just verbal, I am due to call Pete again tomorrow to push

We looked up the e-mail address so communications would be in writing.  If you do stuff on the phone the other party can just deny the contents of the conversation.  They can't deny what's written in an e-mail.

So time to sort Pete out.  Check the following for accuracy and change anything I've got wrong.  Then e-mail Pete this evening.  I was thinking of threatening the pub with legal action but let's initially be nice.

 

Dear Pete,

Re: PCN no.XXXXX, claim form no.XXXXX

on 23 July 2022 I was a customer at your pub and I attach proof of purchase.

I was picking up my cousin Ms XXXXX and her family as she was working as a cook with you at the time.  I entered the pub through the back door, went to the bar, and ordered a drink and a meal.  At no point did any bar staff alert me that I needed to add my registration number or did I see any signs advising me to do so.  I then took a seat outside in a small seated area so I could chat to my cousin while waiting for her to finish work.  We were joined by the management of the pub and bar staff during my time waiting 

I was shocked a few days later when I received a demand for £100 from Civil Enforcement Ltd.  i contacted the pub and was told "don't worry, it's not enforceable".

Well, that information turned out to be nonsense because I have now received a county court claim form from CEL.

I contacted the pub again on XXXXX and was extremely disappointed to be told "there's nothing we can do".

Of course there is something you can do.  You are the organ grinder.  You called CEL in.  You can call your dogs off.  Your pub has absolutely superb reviews on Google Maps regarding the way in which you treat guests.  Do you really think customers should be dragged to court?  I'm sure you don't.

I am therefore requesting that you intervene and instruct CEL to cease court action.

Yours, XXXXX

[FTMDave]

Daft question - but you filed the defence on-line on MCOL as dx indicated, right?

[Nick]

Thank you. I will send that off now

[FTMDave]

1 hour ago, FTMDave said:

Daft question - but you filed the defence on-line on MCOL as dx indicated, right?

 

[Nick]

Yes I did