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

[Nick]

hich Court have you received the claim from ? MCOL Northampton N1 

Name of the Claimant :      Civil Enforcement LTD     

Claimants Solicitors: no solicitor named

Date of issue – 02/04/2024

Date for AOS - 19/04/2024

Date to submit Defence - 03/05/2024

What is the claim for – Claim for Money relating to a parking charge for breach of contract terms/conditions (TCs) for parking in a private car park(CP) managed by claimant. Drivers may only park pursuant to TCsof use displayed in CP and agreed upon entry/parking. ANPR Cameras or manual patrols monitor vehicles entering/exiting the CP and agreed upon entry/exiting the CP and TC Breaches.

What is the value of the claim? £170

Amount Claimed £192.88

court fees £35

legal rep fees £50

Total Amount £277.88

Have you moved since the issuance of the PCN? No

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? N

[Nick]

1 Date of the infringement 23/07/2022

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] unsure

[scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s

3 Date received unsure

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] unsure

5 Is there any photographic evidence of the event? unsure

6 Have you appealed? [Y/N?] post up your appeal] I did appeal showing evidence that I was a customer of the premises and that was denied

Have you had a response? [Y/N?] post it up it was denied

7 Who is the parking company? Civil enforcement LTD

8. Where exactly [carpark name and town] Red Lion Car Park, Wetherby

For either option, does it say which appeals body they operate under.

No

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

If you have received any other correspondence, please mention it here i received a letter every few months or so and ignored them as I was told they couldn.t be enforced

[Nick]

AOS AND CPR COMPLETED

[Nick]

OK, a few things.

1.  Are you sure they didn't send you a Letter of Claim a month or so before the claimform? I just threw all correspondence from them away.

2.  We need to see your appeal to find out if you outed yourself as the driver. Again I don't have a copy of an appeal, I have checked all sent emails but cannot find one

3.  We need to see the original invoice to see if CEL abided by the legal time frames for sending their invoices out.

4.  Why did you park for nearly nine hours in the car par?

I was picking up my cousin and her family as she was working as a cook there a the time.

We were heading on holiday to Scotland the following day.

I had been in the same car park many times before.

I entered the pub through the back door went to the bar, 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 during to wait for her to finish work.

We were joined by the management of the Pub and barstaff during my time waiting 

If you've thrown paperwork away then tell us, and a SAR can be arranged. I have

I also must have outed myself as the driver as I sent copies of receipts showing I was a customer in the bar

[Nick]

Unfortuanately My cousin no longer works there and hasn't for a while and the pub is in Yorkshire and I'm in Warwickshire

[Nick]

Got this via email yesterday

 

 

CEL SAR return.pdf

[Nick]

Said they couldn't do anything about it

Thank you - I have changed it now

[Nick]

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

[Nick]

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

 

[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

[Nick]

I have done

[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 

[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

[Nick]

Thank you - Defence has now been filed

Doc_20240501_182920_Redacted.pdf

[Nick]

Thank you. I will send that off now

[Nick]

Yes I did

[Nick]

Defence and Counterclaim

Claim number

XXX

Claimant

Civil Enforcement Limited

Defendant

XXXXXXXXXXXXX

 

How much of the claim do you dispute?

I dispute the full amount claimed as shown on the claim form.

 

Do you dispute this claim because you have already paid it?

No, for other reasons.

 

Defence

1. The Defendant is the recorded keeper of XXXXXXX 

2. It is denied that the Defendant entered into a contract with the Claimant.

3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim.

4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant.

5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer.

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.

7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any
relief at all.

Signed

I am the Defendant - I believe that the facts stated in this form are true

XXXXXXXXXXX

01/05/2024

 

Defendant's date of birth

XXXXXXXXXX

 

Address to which notices about this claim can be sent to you