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  • FIRST POST
    • Ttsqre
    • By Ttsqre 3rd Jul 17, 10:29 AM
    • 10Posts
    • 3Thanks
    Ttsqre
    Getting taken to court by Civil Enforcement
    • #1
    • 3rd Jul 17, 10:29 AM
    Getting taken to court by Civil Enforcement 3rd Jul 17 at 10:29 AM
    Hi All
    I am being taken to court by CE ltd for what (they claim) was a 16 minute stay.
    What happened:
    I went to a car park which was 20p per hour to take the kids for a bike ride. Instead of using a parking space, I pulled up by the park to unload the bikes and the children (with a view to parking once disembarkation was complete). One of the bikes had a fault and it took me a few minutes to work out if was not resolvable one. So I reloaded the kids and the bikes and drove off. An additional factor is that just after I exited the car park I realised I had left something on the grass so popped back for it.
    Chain of Events:
    CE sent me loads of threatening letters. What I objected to was the tone of intimidation, saying things about it affecting my credit rating etc which I know to be stretching the truth, and is clearly deliberately misleading.
    I responded once explaining the above and that I was not going to pay. I also asked for evidence that they had not 'double dipped' me.
    They rejected this and passed me onto the their debt collectors and solicitors. And here we are, they are claiming £323 including court fees for a 16 minute (max) stay in a car park that is 20p an hour.
    In their particulars of claim they cite Vine vs Waltham for accepting the terms on the signs, and of course Beavis for implementing a disincentive.
    i have acknowledged the claim and have just over 2 weeks to formulate my defense. Quite simply I would rather go to court and lose than roll over for these people. Their intimidation tactics are a disgrace, let alone the amount of money that are trying to extract from me!
    My plan:
    I will post a draft of my defense here, but please let me know what other information you need to help me! At the moment I'm thinking I will build my defense around 3 points:
    1. The beavis case not relevent here as that was a free carpark so the company had to get revenue from somewhere. My case involves a paid car park.+ in my case the car park is in very low demand and was empty at the time. PLUS If asking for £300+ for a 16 minute stay in a 20p-per-hour carpark is not extravagant and unconscionable then what is!
    2. In Jopson vs Home the judge draws a distinction between stopped to unload etc and parking. 100% relevant in my case, esp the bit about "unloading awkward or heavy items"
    3. in the BPA Code of conduct, the charge must be "proportionate and commercially justifiable". As explained above, no reasonable person would consider the £100 or £60 or the whole £323 as either proportionate or commercially justifiable.

    I will also complain that they still haven't provided any evidence that they haven't double dipped me. Surely they have to provide photos of 2 entrances and 2 exits of my vehicle? (currently they have provided just one entrance and one exit photo)

    many thanks for any time you spend reading / replying; truly appreciated!
Page 2
    • Ttsqre
    • By Ttsqre 14th Jul 17, 3:31 PM
    • 10 Posts
    • 3 Thanks
    Ttsqre
    Yes it was 12th June, but the I emailed the court asking when I needed to file my defense by after I did my AOS and they said I have till the 21st! Anyway I have filed it now and I can see in the portal that it has been received.(they also replied by email answering my question if I needed to do anything else, confirming that I didn't!) It's a very good service actually.
    I will let you know how I i get on.
    Thank you again so much for your help, your advice really does help to level the playing field so that these companies can't bully people into paying up!
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