CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

patman99

Op, you need to contact Wandsworth to see if they received your defence.
If they have, but tell you that your case was not alloccatted to their Court, then you need to contact Northampton to see if they received your request to change Courts to one local to you.

As DandelionPatrol says, it could be that something has gone amiss here. When contacting Wandsworth, ask them if a hearing date was allocatted, then why did you not receive it.

Once the Courts look into this, they may realise that they have made and error and may ask the Judge to withdraw his/her decision based on the fact that the defendant had had no contact from the Court with regards to the hearing date.

Once you have all the facts, you can then decide on your next move.

If the Courts have messed-up and decide to reset the clock, then alls good. You get your day in Court.

If the Courts admit they messed-up but won't reset the clock, then you need to decide whether it is better to either -

Fill-out the forms and pay the fees to have the decision struck-out, then hope to claim the costs back from CEL, or.

Pay DEAL, then take CEL to Court to claim back the PCN, the strike-out fee and, of course, the extra costs involved in researching your defence.

jaisonix

Thank you all

It was a free car park, but I'm not sure if Beavis applies as CEL list 'Co-op' as The Client in all court papers which cannot be right, since Co-op provided me with email response stating they are not in pursuit of any claim. This i have submitted to court as part of my defence. I have also submitted several points about CEL, which are not particular to Beavis case, therefore i am also suspicious of this blanked decision

You are probably right, i need to check with Wandsworth CC (Wandsworth was allocated the case and made the judgement) whether they received my defence and why was I not allocated a hearing? Would a simple call will do

What if they haven't received my defence, would they really want to reset the clocks (and not say that it was my fault that my defence was not received)? Anyway, i have to wait until tomorrow morning to check. Which form do i use to ask for decision to be stayed - N161 or N244?

I am also panicking about making this payment (to get CCJ removed) i have no clue how to contact DEAL (why should i even pay them if claimant was CEL?). Or I need to send cheque to CEL and have them reject it stating it is managed by DEAL (they do so already by telephone) which would form part of my appeal as i understand. Is there even enough time to do that, right?

Fruitcake

jaisonix wrote: »

Thank you all

It was a free car park, but I'm not sure if Beavis applies as CEL list 'Co-op' as The Client in all court papers which cannot be right, since Co-op provided me with email response stating they are not in pursuit of any claim. This i have submitted to court as part of my defence. I have also submitted several points about CEL, which are not particular to Beavis case, therefore i am also suspicious of this blanked decision

You are probably right, i need to check with Wandsworth CC (Wandsworth was allocated the case and made the judgement) whether they received my defence and why was I not allocated a hearing? Would a simple call will do

What if they haven't received my defence, would they really want to reset the clocks (and not say that it was my fault that my defence was not received)? Anyway, i have to wait until tomorrow morning to check. Which form do i use to ask for decision to be stayed - N161 or N244?

I am also panicking about making this payment (to get CCJ removed) i have no clue how to contact DEAL (why should i even pay them if claimant was CEL?). Or I need to send cheque to CEL and have them reject it stating it is managed by DEAL (they do so already by telephone) which would form part of my appeal as i understand. Is there even enough time to do that, right?

As far as contacting the court, you need a paper trail. You could 'phone them first to start an enquiry then back it up with letters/emails. Relying on the content of a 'phone call probably won't be of much use in court, but you can at least start the ball rolling and find the contact details of the correct people you need to correspond with.


It sounds to me like you need professional help. Maybe you can get a free half hour with a solicitor. If you are a member of a trade union you can get legal help that way as well.

Marktheshark

They are no judges at Northampton to judge anything, they only employ administrative staff.
The correct action is to file a full appeal on the basis that justice was denied to the defendant and the defendant was denied the right to question the plaintiff in court, which is a fundamental right of justice.

Half_way

Much as the actions of these parking companies are disgusting, the actions of those who take them on are equally as bad, if not worse.

Is there any way something can be done that will affect the Co-op?
Could it be made so that the Co-op has to pay your costs/expenses etc?
Could you arrange some bad publicity for the Co-op making it clear that what has happened to you is as a direct result of them hiring CEL? could you combine this with some local action - i would be tempted to block access to their car park ( no ones getting in until the Co-op pulls its finger out of its backside ) and warn customers of just how little regard the Co-op has for its customers?

Marktheshark

Quote article 6 of the Human Rights act in your demand for an appeal, this is Law in UK and no judge or any court staff has any lawful right to deny you the opportunity to visit court.

jaisonix

I'm not part of a trade union, but will see if i can seek help from a solicitor. I am struggling with finances currently, so it won't be easy. Maybe Citizens Advice can help? In the meantime, i have a set of actions to do on Monday

I found my defence statements on work computer, let me know if these links work, or should i post screenshots: (add . after scribd and before com)

First and original statement of defence:

scribd com/doc/273967913/Parking-Letter-the-Co-Op-22nd-May-pdf

Additional evidence:

scribd com/doc/273968541/Parking-Letter-AdEv-the-Co-Op-8th-June

DandelionPatrol

jaisonix wrote: »

I'm not part of a trade union, but will see if i can seek help from a solicitor. I am struggling with finances currently, so it won't be easy. Maybe Citizens Advice can help? In the meantime, i have a set of actions to do on Monday


First and original statement of defence:

scribd.com/doc/273967913/Parking-Letter-the-Co-Op-22nd-May-pdf

Additional evidence:

scribd.com/doc/273968541/Parking-Letter-AdEv-the-Co-Op-8th-June

made your links clickable

A bit puzzled? These have gone to Salford, but the case was in Wandsworth?

Northlakes

Just check your household insurance and see if you have legal cover. Some insurance companies do cover for civil claims.
Yours is not a motoring offence!

The_Deep

I really do not think that you have a thing to worry about. Clearly the judge was not privy to the full picture. Your defence would, had the judge have read it, been a slam dunk win.