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  • FIRST POST
    • alr211
    • By alr211 2nd May 17, 4:16 PM
    • 10Posts
    • 2Thanks
    alr211
    Advice for court claim defence
    • #1
    • 2nd May 17, 4:16 PM
    Advice for court claim defence 2nd May 17 at 4:16 PM
    Hi like many I have receive parking fines, I parked on the car park 3 times and have received three fines this is my first which has unfortunately gone to court. I was wondering if anybody could help me on anything extra to add or any adjustments before I submit it? Thanks in advance.

    IN THE COUNTY COURT Claim No.: *NUMBER*

    Between
    CIVIL ENFORCEMENT LTD
    (Claimant)
    -and-
    *NAME*
    (Defendant)
    __________________________________________________ _________________________
    DEFENCE STATEMENT
    __________________________________________________ _________________________

    I assert that I am not liable to the Claimant for the sum claimed, or any amount at all, for the
    following reasons:

    1. I am the registered keeper of the vehicle in question. The Claim relates to an alleged
    debt arising from my vehicle being parked on Alexandra Park, Tunstall, Stoke-on-Trent.

    2. The car park in question is one which I am completely familiar with as I work on the retail park which the incident happened. The Claimant is aware of this from the contact my employer has made with them via phone and post. The Claimant knew from the outset that *REG* is my vehicle because they keep stating my address as follows:
    *NAME & ADDRESS*

    3. Due to the time period in which the ticket was initially issued and when it was received in the post I am unable to name the driver of the vehicle on the

    4. Due to the claimant bringing a claim towards myself *NAME*, they have failed to comply with the provisions of POFA 2012, schedule 4, which states that they are able to hold anybody other than the driver liable for the charges.

    5. The attempts of communication from my employer to state that the vehicle is owned by a staff member who works on the retail park, have been ignored. There is proof of delivery and that the letter was signed for by Regus. This suggests that the company are not willing to co-operate. This shows a breach of contract as they state in their letters that you can claim against said charges.

    6. My employer has been in touch with the landlord of the car park to get a quantity of registration numbers added to the “white list” which exempts them from receiving fines. Due to the lack of parking for staff members my registration plate was added to this list on “22/11/2016” after various attempts of communication regarding parking issues.

    7. When entering the car park it has a large sign which stats “3 hours free parking” with no terms and conditions. There are signs posted around the car park, however due to the small writing it makes them rather hard to read especially when sat in your car.

    I believe the above information to be true.
Page 1
    • Coupon-mad
    • By Coupon-mad 2nd May 17, 11:14 PM
    • 51,744 Posts
    • 65,379 Thanks
    Coupon-mad
    • #2
    • 2nd May 17, 11:14 PM
    • #2
    • 2nd May 17, 11:14 PM
    http://forums.moneysavingexpert.com/showthread.php?p=72472974]#post72472974

    Have a look at the defences on that link and the other case linked in it. Make sure you use all the points they did and you will find this should end the scam, once you have filed the defence with the CCBC (by email or post as per the advice in the NEWBIES thread you started out on).

    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • alr211
    • By alr211 18th May 17, 10:35 PM
    • 10 Posts
    • 2 Thanks
    alr211
    • #3
    • 18th May 17, 10:35 PM
    • #3
    • 18th May 17, 10:35 PM
    Im panicking as to what may come of this or what is meant by it "Date of service of 19/04/2017 notified on 17/05/2017 at 10:03:49" do you have any idea?
    • Coupon-mad
    • By Coupon-mad 19th May 17, 12:21 AM
    • 51,744 Posts
    • 65,379 Thanks
    Coupon-mad
    • #4
    • 19th May 17, 12:21 AM
    • #4
    • 19th May 17, 12:21 AM
    Did you submit your defence and when?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • alr211
    • By alr211 19th May 17, 5:29 AM
    • 10 Posts
    • 2 Thanks
    alr211
    • #5
    • 19th May 17, 5:29 AM
    • #5
    • 19th May 17, 5:29 AM
    Yes i submitted it on the 3/5/17 and did my acknowledgement on the 22/04/17
    I dont know it it has anything to do with the letter sent on 19/4/17?
    • alr211
    • By alr211 20th May 17, 3:48 PM
    • 10 Posts
    • 2 Thanks
    alr211
    • #6
    • 20th May 17, 3:48 PM
    • #6
    • 20th May 17, 3:48 PM
    Yes i submitted it on the 3/5/17 and did my acknowledgement on the 22/04/17
    I dont know it it has anything to do with the letter sent on 19/4/17?
    • Coupon-mad
    • By Coupon-mad 20th May 17, 8:33 PM
    • 51,744 Posts
    • 65,379 Thanks
    Coupon-mad
    • #7
    • 20th May 17, 8:33 PM
    • #7
    • 20th May 17, 8:33 PM
    MCOL is probably just recording the fact that CEL were notified by the CCBC of your defence on 17th. They are known to be a couple of weeks behind, even in a good month!

    Relax, this is CEL. If you defended then they will not continue.
    Last edited by Coupon-mad; 21-05-2017 at 5:33 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • alr211
    • By alr211 21st May 17, 7:46 AM
    • 10 Posts
    • 2 Thanks
    alr211
    • #8
    • 21st May 17, 7:46 AM
    • #8
    • 21st May 17, 7:46 AM
    Phewww! Thankyou so much
    • alr211
    • By alr211 27th Jun 17, 1:17 PM
    • 10 Posts
    • 2 Thanks
    alr211
    • #9
    • 27th Jun 17, 1:17 PM
    • #9
    • 27th Jun 17, 1:17 PM
    I had recieved no response from the claimant within 28 days however, this morning I have recieved a small claim track letter - HELP
    • Umkomaas
    • By Umkomaas 27th Jun 17, 1:43 PM
    • 15,906 Posts
    • 24,664 Thanks
    Umkomaas
    I had recieved no response from the claimant within 28 days however, this morning I have recieved a small claim track letter - HELP
    Originally posted by alr211
    What does it say? I'm having trouble reading it from here!
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • alr211
    • By alr211 28th Jun 17, 3:03 PM
    • 10 Posts
    • 2 Thanks
    alr211
    It says on the top proposed action to small claims court, it states that a defence was made and now a questionnaire must be filled out as it eligble for the small claims track. I recieved no response within 28 days of the defence being published. The letter also states that if i ignore the letter the claim could be striked out or could be sent for a judgment. Do ou have any idea what this means?
    • Umkomaas
    • By Umkomaas 28th Jun 17, 6:00 PM
    • 15,906 Posts
    • 24,664 Thanks
    Umkomaas
    You have to deal with this. Doing nothing is likely to see a default judgment against you with costs awarded to the level claimed by the PPC.

    now a questionnaire must be filled out as it eligble for the small claims track
    Do you mean the 'Directions Questionnaire'? That should be sent to you by the CCBC, but you can also download it from their website, which means you get to do it quicker.

    Have you been sent a copy of the claimant's DQ yet?

    All of the process details are in the NEWBIES FAQ sticky, post #2. If you get your head around 'what comes next', you'll be far better prepared to handle any following stages.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Coupon-mad
    • By Coupon-mad 29th Jun 17, 3:51 PM
    • 51,744 Posts
    • 65,379 Thanks
    Coupon-mad
    It says on the top proposed action to small claims court, it states that a defence was made and now a questionnaire must be filled out as it eligble for the small claims track. I recieved no response within 28 days of the defence being published. The letter also states that if i ignore the letter the claim could be striked out or could be sent for a judgment. Do ou have any idea what this means?
    Originally posted by alr211
    So you've just been sent your DQ, as expected.

    It's explained in the NEWBIES thread including exactly which boxes to tick and who to send it to, in duplicate.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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