Planned Response to CEL Claim Form

TheRaz

Thank you all for the several very informative and helpful threads (newbies and all). I think I know what to do now but would appreciate any advice, comments, help to make sure I am on the right track to defend a County Court Claims Form issued on behalf of CEL.

In summary and as background, I received PCN (and took the informed course of ignoring (in hindsight perhaps not the best course)). However, the incident date was the15/12/14 with the PCN issue date 5/1/15 – 21 days later. The over stay was 27 mins in a 3 hour limited free car park. Now looking at claim for £228 inc £75 court and legal charge. The particulars of claim on the form provide a date, a pcn number, amount and due date plus a statement “I will provide the defendant with separate detailed particulars within 14 days after service”. The issue date of the Claim Form is 4/3/16.

I have no idea who was driving at the time. I am the registered keeper in England. To date I have not responded to anything.

My intended course of action is;
1. Acknowledge Claim form (MCOL)
2. Submit a part 18 to the PPC (customise template on forum)
3. Submit defence to court (customising superb template from Coupon Mad)

This is on the basis that;
1. I am the registered keeper and unable to confirm who the driver was.
Can someone please confirm if this is a legitimate defence as the BPA (in a no name telephone conversation) claim this is not the case and the keeper is liable?

2. The PCN was issued after 14 days (POFA 2012)
The BPA said this only applies if the PCN makes reference to it – which it doesn’t.

I realise now that the BPA is funded by the likes of CEL so I’m not sure what is or is not the case and what defence I should put forward.

In addition I have just received a “letter before action” letter relating to a different incident on the 24/4/15; again I have absolutely no idea who was driving and again to date have not corresponded in any way. Should I put in the same defence?
I would appreciate any advice / direction from members.

The_Slithy_Tove

If the charge was ISSUED 14 days after the parking event, then it cannot have got to the registered keeper within 14 days (2 working days for post). Therefore POFA cannot apply no matter what anyone says. Anyway, CEL have given up relying on POFA. Therefore no liability as keeper is number one point.

Your defence will have to include many more points in order to be safe. Lots of examples if you search on CEL. Examples include no standing to pursue charges, no contract, unclear signage (which implied no contract).

If your 2nd ticket is only at the LBA stage, then you need to robustly respond to it accordingly. May be worth starting a new thread for that, so the two incidents can be kept separate. Otherwise it gets confusing what advice applies to which ticket.

TheRaz

Thank you very much Slithy Tove. Its reassuring to know that POFA can't apply; so much for the BPA!
I will as you have suggested get other points. Some threads I have seen make reference to M Schwartz not being legally entitled to sign on behalf of claimant, do you know if this is the case? If so that seems like a pretty strong contender to have the claim dismissed? Do you think I should still submit a P18?

I appreciate your help.

TheRaz

.... took on board slithy tove advise and submitted more complete defence as provided in other threads. Defence submitted 29th March and received letter from Court to acknowledge defence and say claimant has 28 days after receiving to proceed. Is this working days or simply actual days? If it is just days then I make it 31 days from the 29th March in which case since there is no update on the MCOL site can I assume CEL have missed the deadline and therefore the case will be stayed, or should I write to the court and ask for it to be stayed? I'm guessing if it is stayed then the chances of CEL paying to get it set aside are pretty slim?

beamerguy

TheRaz wrote: »

.... took on board slithy tove advise and submitted more complete defence as provided in other threads. Defence submitted 29th March and received letter from Court to acknowledge defence and say claimant has 28 days after receiving to proceed. Is this working days or simply actual days? If it is just days then I make it 31 days from the 29th March in which case since there is no update on the MCOL site can I assume CEL have missed the deadline and therefore the case will be stayed, or should I write to the court and ask for it to be stayed? I'm guessing if it is stayed then the chances of CEL paying to get it set aside are pretty slim?

hi, just get the drift about CEL, they are blithering idiots
http://parking-prankster.blogspot.co.uk/search?q=cel

Coupon-mad

TheRaz wrote: »

.... took on board slithy tove advise and submitted more complete defence as provided in other threads. Defence submitted 29th March and received letter from Court to acknowledge defence and say claimant has 28 days after receiving to proceed. Is this working days or simply actual days?

If it is just days then I make it 31 days from the 29th March in which case since there is no update on the MCOL site can I assume CEL have missed the deadline and therefore the case will be stayed, or should I write to the court and ask for it to be stayed? I'm guessing if it is stayed then the chances of CEL paying to get it set aside are pretty slim?

You and this poster both:

https://forums.moneysavingexpert.com/discussion/5437858

I suggest you send each other a pm and compare notes if this proceeds, your cases will be neck and neck unless one of your local courts is much quicker than the other.

Or maybe CEL won't proceed. It does seem that the other CEL forum advised, defended cases on here and pepipoo in Jan/Feb have gone very quiet.