Looks like I am off to court....

mozeruk

Hi Guys and Girls,

I got a notice of CCJ from Northampton Business centre on the 7th November 2016 for an alleged offence on 11/04/2014 at Bryan House Wigan.

I (well multiple people where driving the vehicle that day) was working (I work in IT) at a nightclub called Maximes (since closed) that owns 4 spaces on the car park, protocol was the owner of the Nightclub emailed Excell to add me onto the 'safe list' for the ANPR. I have the invoice for working on that day, and a copy of the email from managment with my reg. All I am missing is a copy of the contract with the nightclub and Excell, and the nightclub has since closed down.

This image shows:
Green line - car park entrance and ANPR scanning
Red Line - 5 spaces owned (or leased) by Maximes
White arrow - entrance to nightclub
[IMG]http s://s27.postimg.org/nu0xpem03/excell_parking_1.jpg[/IMG]

This shows 5 x spaces clearly labelled as 'Maximes'
[IMG]http s://s24.postimg.org/9u2xaewqt/excell_2.jpg[/IMG]

Anyone kind enough to do so can take a look at a copy of all my court paperwork here:(you will have to remove spaces after https
https /we.tl/dlhQIUKG9A

Basically the FIRST I heard of this claim was a letter from the courts saying, no pre notice, no letter to registered to keeper:

So I got myself over CCJ panic and appealed saying:
1) It is admitted that the Defendant is the registered keeper of
the vehicle in question.
2) The defendant has no liability as they are the Keeper of the vehicle, and the Private Parking Company has failed to comply with the strict provisions of PoFA 2012 to hold anyone other than the driver liable for the charges.
a) There is no presumption in law that the keeper was the driver and nor is a keeper obliged to name the driver to a private
parking firm. This was confirmed in the POPLA Annual Report 2015 by the POPLA Lead Adjudicator and barrister, Henry Greenslade, when explaining the POFA 2012 principles of 'keeper liability' as set out in Schedule 4.
3) The claimant has not provided enough details in the particulars of claim to file a full defence. The full details of the contract which it is alleged was broken have not been provided.
a) The Claimant has disclosed no cause of action to give rise to any debt.
Defence Particulars Continued:
b) The Claimant has stated that a parking charge notice
was issued.
c) The Claimant has given no indication of the nature of the
alleged charge in the Particulars of Claim. The Claimant has
therefore disclosed no cause of action.
d) The Particulars of Claim contains no details and fails to
establish a cause of action which would enable the Defendant to
prepare a specific defence.
e) There is no information regarding why the charge arose, what
the original charge was, what the alleged contract was nor
anything which could be considered a fair exchange of information.
4) The Defendant also disputes that the Claimant has incurred £50
solicitor costs.
a) The Defendant has the reasonable belief that the Claimant has
not incurred £50 costs to pursue an alleged £100 debt.
b) Notwithstanding the Defendant's belief, the costs are in any
case not recoverable.
c) The Claimant’s solicitor described a charge of £104 as “legal
fees” in a letter sent to the defendant dated 7th November 2016
and titled “Notice of County Court Claim issued” CPR 27.14 does
not permit these to be recovered in the Small Claims Court.
The Defendant asks that the court orders Further and
Better Particulars of Claim and asks leave to amend the Defence.
5) The Claimant has not complied with the pre-court protocol.
a) No Letter of Claim was sent to the Defendant and no initial
information was sent to the Defendant.
b) I'd refer the court to Para 4 on non-compliance and sanction,
and I'd also point out that there can be no reasonable excuse for
the Claimant's failure to follow the Pre-action conduct process.
6) In addition, the claimant has yet to respond to part 18 Request
written and sent by the defendant to BW Legal on the 16/11/2016
asking for:
a) Full particulars of the parking charges.
b) Who the party was that contracted with Excel Parking.
c) The full legal identity of the landowner.
d) A full copy of the contract with the landholder that
demonstrated that Excel Parking had their authority.
e) If the charges were based on damages for breach of contract and
if so to provide justification of this sum.
f) If the charge was based on a contractually agreed sum for the
provision of parking and If so to
provide a valid VAT invoice for this 'service'.
g) To provide a copy of the signs that Excel Parking can evidence
were on site at the time and which contended formed a contract
with the driver on that occasion, as well as all photographs taken
of the vehicle in question.
The claimant has not responded
7) The only reason for the vehicle being on the land would have
been to attend the premises known as Maximes who have 4 clearly
marked Safe spaces in which to park and who keep details of
safe registration numbers so therefore no contract has been
established.
The defendant therefore asks that the court orders the case to be
struck out for want of a detailed course of action and/or for the
claim as having no prospect of success.

They have totally ignore all of my points and proceeded anyway. As you can see I have kept my trump card close to my chests - working at Maximes, I have mentioned it, but not mentioned I have Invoices and emails from the managment to prove I was working that day - My head says keep these for the court hearing!

So.... come on guys what do I do? Pay up and save the stress? Ask for mediation (BW Legal have asked or that) Turn down mediation and go for court?

Thanks in advance, theres a pint in it for anyone who can offer any advice!

Thanks
Mark

Quentin

Turn down mediation and go for court. (If you haven't been to court then you haven't got a CCJ!)
Do we get a pint for each bit of advice?

Fruitcake

The advice from the more experienced is I believe going to be, do not pay, do not try mediation, make a strong defence and be prepared to have this out in court (not on papers.)

There is a guide to the court process from bargepole in the Sticky thread for NEWBIES. This tells you what to do and when.

There is also a guide to court you can get for a few quid from the Parking-Prankster on his blog site. I'm told it is vey good.

There is also a thread by bargepole about do's and dont's. It was on here yesterday so go back a page or two to find it.

Wait for the more court savvy regulars to give you further advice.

mozeruk

I would rather buy 100 members on here a pint than give these cowboys a penny! But seriously, if anyone is near Manchester im happy to buy a pint!

Coupon-mad

I don't drink pints - I'm a lady so a virtual white wine would be good, not near Manchester though and you really do not need anyone to hold your hand. People can win anyway, given the right advice and taking the right evidence to court.

But you do need some free advice which we can give, as you go through the process. NO to Mediation!

My head says keep these for the court hearing!

You must not wait quite that long, or these will be objected to by the Claimant's rep, inadmissible and likely struck out. I love the fact you have covered the possibility of introducing this evidence, in your defence point #7 and generally you have covered the bases so far.

That email/employment evidence and more - e.g. your photos and a copy of Schedule 4, a copy of Henry Greenslade's words about 'keeper liability' if you are determined not to name the driver and just call yourself 'an occupant of the car' as you are admitting you work there! - is filed at the stage prior to court, before the date by which the Court directs you to file your Witness Statement and any documents upon which you wish to rely (and you can file a skeleton argument summary of defence). Read this:

http://www.bmpa.eu/court_wizard/Directions_Questionnaire.html

and this (which is part of the NEWBIES thread advice under the heading 'Small Claim?'):

IMPORTANT - KNOW WHAT YOU MUST DO AND BY WHEN!

Here's a summary from bargepole of what happens when, what you MUST do in time, re the paperwork & deadlines:

https://forums.moneysavingexpert.com/discussion/5546325

Do not think putting in the defence is your only job. Once allocated to your local court, you will be given a clear date by which YOU MUST file the evidence and any Witness Statement (i.e. yours, as bargepole says in the above link!).

Here is a witness statement written from a registered keeper who was not driving and you can see it is paragraph-numbered throughout and it references numbered exhibits, creating an organised argument with illustrations/evidence:

http://forums.pepipoo.com/index.php?showtopic=106959&st=40&p=1225247&#entry1 225247

Here in post #9 is IamEmanresu from here (posting as emanresu on pepipoo) explaining witness statements and skeleton arguments:

http://forums.pepipoo.com/index.php?showtopic=106957&st=0&p=1239147&#entry12 39147

Here is a thread showing a Witness Statement AND a summary of his day in court where AB Express won at their hearing v VCS:

https://forums.moneysavingexpert.com/discussion/5070951

HTH