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Civil Enforcement (CEL) Defence - Help please

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  • Peperlini
    Peperlini Posts: 40 Forumite
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    Hi @LoadsofChildren123. Is there anything you need me to do at this point? I’m not sure how to post my bundle on here because it’s all scanned in as a pdf with my personal info all over it (I’m not massively technological). - I even had to write the page numbers on in pencil as I couldn’t work out how to do it in the computer :rotfl:
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Rescan it using bits of paper to cover the personal bits.
  • Peperlini
    Peperlini Posts: 40 Forumite
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    Hope this works. I have never used Dropbox before. I have scanned my court bundle except for the BPA code of practice doc which is a separate pdf to be included between p32-72. Not sure how much of it is relevant to my case so I thought best to include it all and then I can highlight any passages as necessary to refer to on the day of the hearing.

    https://www.dropbox.com/sh/jj6c5frfrij7cya/AABh9q8Pfqf74t6qraeA7Sgpa?dl=0

    ...And the link again with spaces added around Dropbox:
    https://www. dropbox. com/sh/jj6c5frfrij7cya/AABh9q8Pfqf74t6qraeA7Sgpa?dl=0
  • Peperlini
    Peperlini Posts: 40 Forumite
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    Today is the day I need to get all my final docs off in the post

    Did you have any chance to look at this over the weekend @Loadsofchildren123
    Or if not, would you mind just giving me a quick Yay or Nay this morning as to whether my bundle looks okay to send?

    Really hope having got this far that I’m not going to mess it all up at this stage. Feeling anxious and out of my depth. :(
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Youre not out of your depth!
    Youve done amazingly so far
    Annoyingly I cant get to dropbox from work. Im hoping others can.
    This is YOUR defence so you need to be happy yourself :)
  • Loadsofchildren123
    Loadsofchildren123 Posts: 2,504 Forumite
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    OP, I'm working on your statement.
    I do not propose to include the out of time under POFA argument. you have already identified yourself as driver in the first appeal. You have a good driver's defence, which is that you drove in, saw the t&Cs, were unable to comply because their pay by phone system wasn't working, so you left. Therefore you never entered into any contract. I'd keep it simple.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Peperlini
    Peperlini Posts: 40 Forumite
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    Thank you so much to everyone that has advised me with this and helped me keep my sanity but particularly huge thanks to @Loadsofchildren123 for all the work on my witness statement yesterday.:A

    In case you are interested in reading it I will add the updated bundle to the drop box as soon as I can remove all the personal data.

    Its now in the lap of the gods (or the judge to be precise)
  • Loadsofchildren123
    Loadsofchildren123 Posts: 2,504 Forumite
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    The crux of this case isn't signage or POFA. Inadequate signage is in the defence and the WS but in my view the real and primary defence is whether or not a contract was concluded.
    OP saw the signage. OP went to pay. The only method of payment was by phone. OP tried twice to pay by phone. Once the call didn't go through at all. Second time the call went through but at the end of it there was an automated message saying that payment had failed due to a technical error. OP decided enough was enough and left and parked elsewhere. OP therefore never accepted the contract, or any contract which was reached was frustrated by the failure of the payment system.
    OP thinks she was there about 10 minutes. PPC says ANPR data shows it was 19 minutes. Regardless of which one is correct, OP only stayed for so long as it took to find a parking space, park, walk to the machine, attempt twice to pay, return to the car and leave, and did not leave the car park in between (but in fact went and parked elsewhere).
    No contract concluded, therefore no breach.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Peperlini
    Peperlini Posts: 40 Forumite
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    Great news! - I’ve just confirmed with the court and CEL have sent a discontinuance notice and the hearing has been vacated -hooray it’s over at last!

    However I am inclined to write to the court asking them to award me costs as the claim was unreasonable and vexatious and I know others on here have been successful.

    Thanks a million once again to @Loadsofchildren123 and everyone else on here for the help, advice and continued support!!! I couldn’t have done it without you
    :j
    :T
    :beer:
  • numps
    numps Posts: 131 Forumite
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    Well done!
This discussion has been closed.
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