Northampton County Court Claim Form - Parking Fine Civil Enforcement Ltd

Redx

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Tubbs_1

Hi All,


I have registered my acknowledgement of service with Northampton County Court. I received claim information from CEL and read all the forums and ready to submit my defence. Don't want to post details of the defence on the forum but would appreciate some advice from anyome via PM?

Quentin

Why don't you want to put it here?

The other side get a copy in advance of the hearing.

Beware getting PM's from anyone here offering to help with less than 1000 posts.

Regulars normally don't get in touch via pm

Tubbs_1

Thanks for the advice, will bear in mind

Tubbs_1

Is there anybody out there that can help me with my defence?

Redx

post it and people may help you , but you are unlikely to get help by pm, as already explained

its only a skeleton defence, with the bullet points your main defence will rely on , hardly going to be a big secret as the issues are usually the same as the dozens of others already posted on here and pepipoo

Tubbs_1

I am xxxx the defendant in this matter and registered keeper of vehicle xxxxx.
I deny I am liable for the entirety of the claim for each and every one of the following reasons: The vague particulars of claim disclose no clear cause of action. The court is invited to strike out the claim of its own volition as having no merit. The driver had the authority of the landowner to park as they were shopping on site at the retail park. The Claimant is bringing a claim simply for its own profit and motive and not the purpose for which they were ( but I believe are no longer) supposedly engaged. The Claimant has suffered no loss. The charge that the Claimant is attempting to impose is for damages for breach of the Claimant’s own terms and conditions , but it cannot escape being anything other than an unenforceable penalty because the Claimant has no significant interest in enforcing this charge when its justification is apparently one of deterring unauthorised parking. The charge is also clearly disproportionate to any purported legitimate interest and is clearly extravagant and unconscionable. The Claimant suggests that the driver agreed to pay a charge after 3 hours. This is denied. This suggestion of the Particulars of Claim is clearly an attempt to thinly disguise what is a claim for damages for a purported breach of contract as a contractually agreed sum allowing the driver to park outwith the terms and conditions. This is a nonsense as a contract must contain a genuine offer and it is impossible for the Claimant to make an offer of something that the contract forbids , in this case purportedly parking for more than 3 hours. There can be no such contract in this situation. This is further confirmed by paragraph 6 of the Particulars of Claim where it conversely refers to the driver having breached the terms of conditions.
The Claimant has no locus stand to bring such a claim. Any contract for parking is offered by a clearly disclosed Principal, the retail park. As agent the Claimant has no legal right to bring such a claim in their name which should be in the name of the landowner.
This case is easily distinguishable from Parking Eye v Beavis and the judgment in that case is not applicable to the present case because there is no legitimate interest that saves this charge from being a clearly unlawful penalty. I do not believe the Claimant has incurred further costs of £75 and put the Claimant to strict proof it has. I deny the Claimant is entitled to any interest whatsoever.
The term requiring payment is an unenforceable contract term with reference to The Consumer Rights Act 2015.
8. The signage on site was inadequate to constitute a contract , the terms of which could legally bind the driver. The signage was not clear and visible. The Claimant has failed to comply with the strict requirements of Schedule 4 of the Protection of Freedoms Act 2012 and cannot rely on its provisions to hold me liable as Registered Keeper. The Claimant will be fully aware of this and paperwork received prior to legal proceedings in which they claim the requirements of the Act have been satisfied and that I am liable as keeper are I believe potentially fraudulent.
Paragraph 7 of the Particulars of Claim refers to the British Parking Authority. There is no such body. I believe this is possibly a deliberate misrepresentation of the authority of the British Parking Association which is a mere trade association representing its members. These Particulars of Claim are signed by a solicitor who I believe has been involved with the Claimant for many years.

Tubbs_1

Hi All, I need to submit my defence in a few days so any feedback would be appreciated?

Herzlos

It looks like a part pasted list, I see a point "8." but no other numbers.

bod1467

Tubbs_1 wrote: »

Hi All, I need to submit my defence in a few days so any feedback would be appreciated?

Make it so we can read it (i.e. not a wall of text) and you might get some critiques.