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  • FIRST POST
    • superstitiious
    • By superstitiious 30th Oct 17, 11:18 PM
    • 10Posts
    • 4Thanks
    superstitiious
    CEL Claim Defence
    • #1
    • 30th Oct 17, 11:18 PM
    CEL Claim Defence 30th Oct 17 at 11:18 PM
    Hi all,

    I've been ignoring letters etc from CEL since Jan 2017 regarding an overstay at a carpark which is a retail/GP surgery car park. The driver was not me, and the overstay was by a few minutes. Neither the driver nor myself were aware that the car park had a time limit and having since returned to see signs etc, they are there but hard to see etc.

    I have acknowledged with the court, and will now start writing my defence having read the newbies thread and started this one as suggested. I'd be more than grateful of any support, and editing of the defence as and when I post it.

    Thanks in advance, an apprehensive but hopeful individual,
    Alan.
Page 2
    • Coupon-mad
    • By Coupon-mad 12th Nov 17, 11:54 PM
    • 53,942 Posts
    • 67,624 Thanks
    Coupon-mad
    If the POC were backdated and you kept the envelope that proved they were not posted when dated, PLEASE NOW forward the complaint you made to the CCBC, to another email address.

    We need LOTS of these to fly into a specific inbox now:

    http://forums.moneysavingexpert.com/showthread.php?p=73400735#post73400735

    Once that has been done, please confirm. We need to bombard the CCBC (specifically to Amanda Beck who is aware of this scam) with evidence about CEL.

    Do this - even if you've already emailed a complaint - PLEASE forward it now!
    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.

    • superstitiious
    • By superstitiious 10th Dec 17, 1:19 PM
    • 10 Posts
    • 4 Thanks
    superstitiious
    Hi all,

    I have had my DQ sent to me and will send it back to the court and CEL tomorrow, court recorded delivery and CEL by first class with proof of posting.

    One question though, and a pretty noobish one but cannot find the answer to it on the site or on any other sites:

    On the DQ, the first box to complete where it says the following:
    "To be completed by, or on behalf of,"
    Then an EMPTY BOX
    And underneath, is this:
    "who is 1st 2nd 3rd Claimant Defendant Part 20 Claimant in this claim"

    The court have put a line through claimant and part 20 claimant, leaving defendant blank which is obviously me, but do I write my name in the empty box?

    Thanks for any help.

    Next, I am under the impression I'll be waiting roughly 20 weeks for a court date, and a chance to write my witness statement, is that right? Or can this stop going further at this point?

    Thanks again,


    PS - I have emailed Amanda Beck, not got a reply as it was recently that I sent it.
    • logician
    • By logician 10th Dec 17, 2:01 PM
    • 194 Posts
    • 76 Thanks
    logician
    leaving defendant blank which is obviously me, but do I write my name in the empty box?
    Thanks for any help.
    Originally posted by superstitiious
    YES put your name in that box.


    When is the deadline for submitting the DQ - The court copy can be emailed to the court using the same email address for defence:

    ccbcaq@hmcts.gsi.gov.uk

    Put in the subject field the claim number and " completed DQ by Defendant (insert your name).

    Confirm in the body of the email that a completed copy has also been served to the Claimant.


    Have you received the Claimant's copy yet? They need to serve theirs to you before the deadline.
    • Coupon-mad
    • By Coupon-mad 10th Dec 17, 2:40 PM
    • 53,942 Posts
    • 67,624 Thanks
    Coupon-mad
    I am under the impression I'll be waiting roughly 20 weeks for a court date, and a chance to write my witness statement, is that right? Or can this stop going further at this point?
    Maybe less than 20 weeks; you will hear a court date in a letter that tells you when to file your WS/evidence.

    CEL are likely to discontinue at some point before any hearing, but might push you past WS and evidence stage before they throw in the towel.
    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.

    • superstitiious
    • By superstitiious 10th Dec 17, 8:17 PM
    • 10 Posts
    • 4 Thanks
    superstitiious
    Thanks for the replies.

    Deadline is the 18th, so haven't sent them yet. Didn't realise I could email this to the court, that's what I have been doing so far which has been helpful, so thanks for the reminder!

    Of course, I have heard nothing from CEL!!!
    • superstitiious
    • By superstitiious 3rd Feb 18, 9:25 PM
    • 10 Posts
    • 4 Thanks
    superstitiious
    Got my Notice of Allocation to the Small Claims Track letter through the post this week.

    Court Fee needs paying by CEL by 4pm Feb 12th, do I contact the court the next day to see if they've paid or not?

    Court date is set for March 5th. I haven't started writing my witness statement yet, however I have been reading up through previous threads on here to find similar cases etc. I'm hopefully, assuming correctly that I need to file my documents with the court by the 19th February (14 days prior to court date)?

    A skeletal witness statement from me would be the following:

    I haven't declared who the driver was, therefore if CEL say it was me, I will have written statements/evidence from work to state I was at work on said day.

    Is that the right way to go about it or am I barking up the wrong tree here. I'm in a bit of a tizz.

    The PCN came about because my wife had visited the doctor's (the car park is for a doctor's surgery with 3 retail outlets next door) with my poorly son, she's then taken prescription to pharmacy, and visited 2 of the retailers before trying to breastfeed my son in the car prior to leaving, she had also spent some time with a Health Visitor at a children's centre across the road. She did overstay, however the signage was poor, stating in large font "FREE PARKING" and in the tiniest, unreadable font unless you climb a ladder to look at it stated the T&C's. Our first knowledge of the 3 hour maximum stay was this PCN.

    Thoughts for which angle to tackle my witness statement please?

    Thanks in advance for any assistance
    • KeithP
    • By KeithP 3rd Feb 18, 9:42 PM
    • 5,624 Posts
    • 4,318 Thanks
    KeithP
    I'm hopefully, assuming correctly that I need to file my documents with the court by the 19th February (14 days prior to court date)?
    Originally posted by superstitiious
    Fourteen days is often the time, but please don't assume it.

    Your Notice of Allocation will specify when you must submit a Witness Statement, and any other documents you intend to rely on.
    .
    • Coupon-mad
    • By Coupon-mad 4th Feb 18, 12:54 AM
    • 53,942 Posts
    • 67,624 Thanks
    Coupon-mad
    A skeletal witness statement from me would be the following:

    I haven't declared who the driver was, therefore if CEL say it was me, I will have written statements/evidence from work to state I was at work on said day.

    Is that the right way to go about it or am I barking up the wrong tree here. I'm in a bit of a tizz.
    That's fine.

    Don't be in a tizz. CEL will likely discontinue and not pay the hearing fee, as has happened in every other case here. None have gone to hearings here, CEL fold early.

    Relax, you're on the right lines and can throw together a WS if needed in a couple of weeks' time.
    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.

    • superstitiious
    • By superstitiious 11th Feb 18, 9:24 PM
    • 10 Posts
    • 4 Thanks
    superstitiious
    Right, tomorrow's the deadline for CEL to pay the hearing fee. I shall then ring the court on Tuesday to see what's going on.

    In the meantime, I have been in touch with my local MP, got nowhere with it though but at least raised the awareness locally.

    Dear Mr XXXXXX

    Thank you for your email below. I am sorry to hear about the problems you have been experiencing.

    Civil Enforcement Ltd is one of the private parking companies that operate throughout the UK. They manage parking on private/council owned car parks using the automatic vehicle registration system.

    As you say many others have challenged this company regarding a Parking Charge Notice and sometimes have had successful appeals.

    You maybe interested to hear that Greg Knight MP has a Private Member's Bill currently with the House. It is a code of practice for parking - guidance about the operation and management of private parking facilities. The Bill's Second Reading passed on 2nd February 2018 and is now at the committee stage.

    Unfortunately, there is very little that I can do as the company has a legitimate contract with the owners of the land.

    Good luck with your appeal, I hope you have a positive outcome.


    Thank you for bringing this matter to my attention.


    Yours Sincerely

    Ruth Smeeth MP
    Member of Parliament for Stoke-on-Trent North and Kidsgrove
    Thanks for the help so far, hopefully I can say a further thanks on Tuesday. Otherwise I'll be on the scrounge for witness statement help!
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