County court claim for PCN

OMG_HowMuch??

Ok thanks for that, I've amended the defence now to remove parking eye and replaced that with civil enforcement ltd.

I've also downloaded the CoP that covers October '14 to October '15.

OMG_HowMuch??

I wanted to attach the reply that I got from the DVLA as an appendix as it proves that they requested my information from the DVLA outside of the POFA time limits for ANPR. Is it possible to send supporting documents to the court using the money claim online site? Has anyone done this before?

Umkomaas

OMG_HowMuch?? wrote: »

Ok thanks for that, I've amended the defence now to remove parking eye and replaced that with civil enforcement ltd.

I've also downloaded the CoP that covers October '14 to October '15.

That's not helpful to you case in the context of GPEOL. That's the version where it was changed to 'commercial justification' from GPEOL.

You need Version 4 - February 2014 to October 2014, but I notice your 'infringement' was after those dates. You may want to take advice from the BMPA if they suggested you put in the GPEOL defence point.

OMG_HowMuch??

Yeah I'am already in the process of querying this one with BMPA as the amount on the PCN was £100 so I suppose they could argue that amount does fall into line with the BPA CoP, so maybe this should just be removed anyway.

Umkomaas

OMG_HowMuch?? wrote: »

Yeah I'am already in the process of querying this one with BMPA as the amount on the PCN was £100 so I suppose they could argue that amount does fall into line with the BPA CoP, so maybe this should just be removed anyway.

It's not the £100 amount per se, it's about whether it can be 'commercially justified' as per the current CoP.

If your 'infringement' had occurred prior to Oct 2014 it would have needed to be a GPEOL as per that date's CoP.

But all this is only related to your reference to the CoP backing the requirement. You could still argue the GPEOL point (although Beavis has put a bit of a dent in this), but don't cross-reference it to the CoP.

I think you now need to check this with BMPA, as they are the people giving you primary advice on your defence - I'm no match for them in the 'defence department'!

OMG_HowMuch??

Just thought I would post an update, found out yesterday from the court that the case has been stayed, as CEL never bothered to respond to my defence, so they will now have to pay £100 to bring this back to life. Lets hope that they don't bother and that this is the end of all this now.

Apparently this practice of letting a case become stayed is quite common at the moment with CEL.