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Civil enforcement lose in court - private parking charge (lack of signs and no loss)

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Coupon-mad
Coupon-mad Posts: 151,220 Forumite
Part of the Furniture 10,000 Posts Name Dropper Photogenic
edited 5 October 2013 at 2:34PM in Parking tickets, fines & parking
Civil Enforcement lost this week in the Watford court:

http://forums.pepipoo.com/index.php?showtopic=77826&st=20

A forum assisted defence by bargepole I think:

''Two attended from CEL. Apparently based in London ( not Liverpool ).
Provided copy of lease which does allow them to pursue action.
Judge generally very thorough with them, wanting to know why the witness was not present ( Ashley Cohen), why the default payment terms were in such small lettering on signage ( mr Abraham who attended said he didn't know!).
case dismissed on two main grounds-the onerous terms were not adequately brought to my attention and analogous to the Thurlow case the £150 was not a genuine prestimate of loss, especially if they would have accepted £75.''

A court transcript is being requested via a pepipoo whip-round.


:T
PRIVATE '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 THREAD

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  • Coupon-mad
    Coupon-mad Posts: 151,220 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 5 October 2013 at 2:42PM
    Just a quick bump before I go to the match today - as only a few have seen this so far. Same week as Excel lost against Greenwood (grunwald).

    Civil Enforcement normally pull put of these cases before the hearing, where there is a decent defence put in:

    http://forums.pepipoo.com/index.php?showtopic=78867&st=20&start=20

    http://forums.pepipoo.com/index.php?showtopic=77846&st=140

    Those two threads above are much more typical as outcomes; CEL discontinue almost every case they attempt. If you get court papers from this bunch then simply acknowledge then send a forum-advised defence, get on pepipoo and get advice.
    PRIVATE '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 THREAD
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