coop parking ticket complain

Hot_Bring

lion1885 wrote: »

thanks for your reply again,i think we may have cross lines!
i sent back the part of the form from the courts which is called acknowledgement of service,ticking part of the form which roughly was for defence/defending,that was a good month ago,but if it goes to court(some do i believe)im sure i saw some legal type letters you can download relateing to these parking fines on a web site,also i dont have 2 seperate tickets,its just one,the ticket+1 reminder,thanks again for ur reply

OK so you acknowledged and said you would defend thus giving yourself 28 days ( from the date of the court papers ) to produce a defence. Given you say you acknowledged "a good month ago" - have you sent a defence ?

If not then you're out of time and are very likely to get a default judgement against you. There are ways of getting it overturned but it's a lot of hard work AND you'll need to ensure you meet any deadlines.

Coupon-mad

DO NOT wait and see what happens nor wait for the Co-op's reply!!

Send a defence tomorrow morning to the Court (ideally get down there in person and deliver it by hand), just send an URGENT 'holding' defence like this:



In the matter of CLAIM NUMBER ********* Civil Enforcement Ltd v {your surname}
I am the Defendant and the registered keeper of the vehicle relating to this alleged parking charge.

1. The principal, Co-operative Stores, is in the process of arranging to pay the sum in full on behalf of myself as defendant (without liability) because the principal does not support the litigation started without authority by this agent who have at best, merely a bare licence to be on site. Therefore there is no cause of action. I invite the Court to strike this claim out as having no prospects of success.

2. The claimant is not the landowner or landholder and has no standing to litigate.

3. The charge does not represent a genuine pre-estimate of loss, nor a genuine fee for parking, as was found in a comparable case with the same claimant on appeal at Luton County Court on 21/02/14. This claimant appealed after losing at the Watford County Court in the case of Civil Enforcement v McCafferty, 3YK50188 (AP476). Mr Recorder Gibson QC, the Senior Judge presiding over the appeal, said the sum was not a genuine offer to park at that price and that its main purpose was to deter. It was, therefore, a penalty and unrecoverable.

This concludes my defence at this stage, however a full defence will be submitted if the case proceeds, to reach the court not later than 14 days before a hearing. The Particulars of Claim is denied in its entirety.

DCL

Coupon Mad, I am in same position, ignored ticket reminders, now a claim form from Northampton CC. SO I return the defence and counterclaim form saying I intend to defend full amount, writing out the above. Is the above applicable for most CEL defences, and also I thought you werent supposed to admit being the driver/defendant ??
Thanks for any response.

Edit, also what other information would I require for a full defence if it did go to court ??

Coupon-mad

It won't go to court but if it does we can help and you should read the links in the NEWBIES thread post #5 which is all about small claims defence v a PPC.

It'll be paid off by the Co-op like all the others, when an assertive complaint is made to the Head Office. Loads of threads like this one on here and on pepipoo.