CEL are taking me to court!

2ba3c

Very long story, I've posted in Pepipoo, but Im struggling to get the help I need. I'm off to court in Jan, to defend a ticket I received (and on the advice from this forum, didn't pay) from CEL.

So, I really need to help defend myself. I have no legal skills, I don't completely understand the law and rules surrounding this parking ticket or how to defend myself.

Unfortunately the original court paperwork arrived when I was holiday abroad so I couldn't, and didn't respond within the 14 day time limit. I responded the moment I got back and applied for it to be set aside which i looks like it has now (as have court date from Judge) but it looks like I have a CCJ against my name already for this now, argh.

I received the ticket for staying 11 minutes longer in a 3 hour limit Tesco car park, managed by CEL in 2011. They don't even manage this car park any more and the time limit there now is 4 hours (not sure if this is relevant or not).

Anyway, if anybody could help, give me some direction, point me in the right direction for a case to defend myself. I would really REALLY appreciate it.

The_Slithy_Tove

Set aside? Postponed till January? CCJ? These are three separate things, and your description of where you are is somewhat confusing. If the case has not been heard, how can you have a CCJ?

CEL are quite beatable, and they rarely actually turn up to court. There are a number of CEL court threads on Pepipoo and one person (bargepole?) who has helped with several.

You should start by contacting Tesco and getting them to call the dogs off. You'll need to go in quite high and hard, but make them know what you think of Tesco's agents suing their customers for an overstay of 11 minutes (well within any grace period that the BPA sets out). Also complain bitterly to the BPA about this breach of their code of practice.

spacey2012

What did you file ? a n244 or an appeal.

spacey2012

i need to know before I can offer any pointers, I have given a PPC a right beating at appeal court after a senile old judge decided he knew the law better than case law and decided to make it up as he went along, the appeal was won on the first contractual penalty point and none of the other several issues were required.
The appeal judge did comment it was probably all well and due that point as he was about to examine the right of audience point next and it did not look very good for the ppc at all.

bargepole

2ba3c wrote: »

Very long story, I've posted in Pepipoo, but Im struggling to get the help I need. I'm off to court in Jan, to defend a ticket I received (and on the advice from this forum, didn't pay) from CEL.....

You've been asked this question on Pepipoo, and failed to provide a satisfactory answer. So we'll ask it again here. Your hearing in January is for what, exactly? Is it:

a) To hear the application to have the original Judgment set aside
or
b) To hear the original claim
or
c) both of the above?

2ba3c

spacey2012 wrote: »

What did you file ? a n244 or an appeal.

An N244.

Thank you,
2ba3c

spacey2012

Have a full defence with you to persuade the judge the case had no merit to start with, they can refuse them permission to re-file the case.

2ba3c

bargepole wrote: »

You've been asked this question on Pepipoo, and failed to provide a satisfactory answer. So we'll ask it again here. Your hearing in January is for what, exactly? Is it:

a) To hear the application to have the original Judgment set aside
or
b) To hear the original claim
or
c) both of the above?

Ah, I didn't realise there were two options. Paperwork says 'heading of the defendants application to set aside the judgement'.

2ba3c

The_Slithy_Tove wrote: »

Set aside? Postponed till January? CCJ? These are three separate things, and your description of where you are is somewhat confusing. If the case has not been heard, how can you have a CCJ?

CEL are quite beatable, and they rarely actually turn up to court. There are a number of CEL court threads on Pepipoo and one person (bargepole?) who has helped with several.

You should start by contacting Tesco and getting them to call the dogs off. You'll need to go in quite high and hard, but make them know what you think of Tesco's agents suing their customers for an overstay of 11 minutes (well within any grace period that the BPA sets out). Also complain bitterly to the BPA about this breach of their code of practice.

OK, have emailed Tescos via their contact us - or does anybody know of a different email address to contact them?

Im not sure who the BPA are (new to this whole thing/lingo etc), but I shall google. Thank you.

2ba3c

spacey2012 wrote: »

i need to know before I can offer any pointers, I have given a PPC a right beating at appeal court after a senile old judge decided he knew the law better than case law and decided to make it up as he went along, the appeal was won on the first contractual penalty point and none of the other several issues were required.
The appeal judge did comment it was probably all well and due that point as he was about to examine the right of audience point next and it did not look very good for the ppc at all.

See, I have no idea of the law, nor what I am doing! But I also don't want them to get the better of me. *sigh*

bargepole

2ba3c wrote: »

Ah, I didn't realise there were two options. Paperwork says 'heading of the defendants application to set aside the judgement'.

Right, now we're getting somewhere.

So this is not the hearing of the claim for money, it is a hearing to decide whether the Judgment is to be set aside.

You will need to persuade the Judge that there was a good reason why you didn't respond to the initial Claim or Judgment, which in this case is to do with moving house.

You also need to say that you have a reasonable prospect of defending the claim, and that your defence will be based on the fact that a) you believe CEL have no locus standi to bring the claim in their own name as they do not own the land; and b) that you believe the amount of their parking charge does not represent a genuine pre-estimate of loss.

If the set aside is granted, it means that the case is reset to the claim stage, and you will be given a deadline to provide a written defence statement.

If and when that happens, come back here for more advice.