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CEL Spanked in Court Today
bargepole
Posts: 3,236 Forumite
Case No. 3YK50188
Civil Enforcement Ltd v Ms Kerry McCafferty (£350 claimed)
At: Watford County Court
The Defendant uses this P&D car park on a daily basis, and on one occasion forgot to pay the £5 daily charge.
I helped her with her defence, and this is the message I received today:
Dear Bargepole,
I attend court today against CEL and the case was dismissed!
Thank you so very much for your help- it was instrumental in the outcome!
The Deputy district Judge was particularly influenced by the OBSERVICE v THURLOW case.
A Mr Abraham attended for CEL with a female associate.
The judge did consider there was a contract in place, but only for the £1 or £5 parking fee. He considered the onerous £150 term was not adequately drawn to my attention as it is in such small print. Also the £150 was not a genuine pre estimate of loss. They raised at court the loss was made up of salary, stationery, building costs ect but he was having none of that, saying that was the admin cost of bringing the case, not the pre estimated loss of me failing to pay £5. Where it to be the case he referred to Thurlow that CEL could not have offered a reduction for an early payment.
I am very relieved and appreciate all your assistance.
Civil Enforcement Ltd v Ms Kerry McCafferty (£350 claimed)
At: Watford County Court
The Defendant uses this P&D car park on a daily basis, and on one occasion forgot to pay the £5 daily charge.
I helped her with her defence, and this is the message I received today:
Dear Bargepole,
I attend court today against CEL and the case was dismissed!
Thank you so very much for your help- it was instrumental in the outcome!
The Deputy district Judge was particularly influenced by the OBSERVICE v THURLOW case.
A Mr Abraham attended for CEL with a female associate.
The judge did consider there was a contract in place, but only for the £1 or £5 parking fee. He considered the onerous £150 term was not adequately drawn to my attention as it is in such small print. Also the £150 was not a genuine pre estimate of loss. They raised at court the loss was made up of salary, stationery, building costs ect but he was having none of that, saying that was the admin cost of bringing the case, not the pre estimated loss of me failing to pay £5. Where it to be the case he referred to Thurlow that CEL could not have offered a reduction for an early payment.
I am very relieved and appreciate all your assistance.
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
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Comments
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time to update your signature methinks?
Mortgage free I: 8th December 2009!
Mortgage free II: New Year's Eve 2013!
Mortgage free III: Est. Dec 2021...0 -
Excellent stuff, well done to her and to you for helping When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
We don't need the following to help you.
Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
:beer: Anti Enforcement Hobbyist Member :beer:0 -
Great News and proof you can still fight these crooks.
well done ! +1Be happy...;)0 -
Well done bargepole:)Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T0
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Good stuff, well done for your assistance.0
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Hahahaha! Awesome result. Perhaps a change of name to 'Rumpole'0
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Excellent result. Maybe CEL won't be so eager to face a judge in future.
And whilst this isn't precedent setting, it might be useful to respectfully offer it to any judge in the future as a reference point for parking charge cases - because the scammers are all trying the same thing on, same !!!!!!, different kite Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
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.Private Parking Firms - Killing the High Street0 -
Well done Mr Pole ... and respect to Kerry for seeing it through and not folding ... and of course the Judge !
Beers all round methinks ... :beer: ... well perhaps not in CEL Towers:rotfl::rotfl:0 -
HubertGrumblethorpe wrote: »Well done Mr Pole ... and respect to Kerry for seeing it through and not folding ... and of course the Judge !
Beers all round methinks ... :beer: ... well perhaps not in CEL Towers:rotfl::rotfl:
Don't expect the BPA will be cracking open the Bolly either. Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
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.Private Parking Firms - Killing the High Street0 -
Great news - is this the first CEL case that they actually turned up for?!
:TPRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
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