Help - Claim form

KeithP

Northerner_lad wrote: »

The signage at the alleged car park has also recently been replaced since the date of the alleged incident over two years ago. This is in effect, CEL acknowledging that there signs at the time of the alleged incident were inadequate.

Replace there with their.

Northerner_lad

Ta CM and Keith!

Carolynm

Hi, it seems that CEL claim on me has been pursued to County Court Business Centre in Northampton who have offered free mediation, which I have accepted although it is hard to know how to quash their claim. I have admitted a part of the claim to County Court - ie to pay realistic damages (£35) for overstay. I agreed that I overstayed by one hour, as stated and captured by ANPR - while at a children's swimming party & picnic. My case is that their claim is punitive, excessive and opportunistic, not representing actual loss or damage to the claimant. And therefore I think, unlawful. Council carparks adjacent eg, charge about £5 for all day parking and around £25 fine for overstay! I cannot argue that their sign was not adequately displayed - it was. So, can I fight against this and win? I can find no thread yet about mediation services offered by the small claims court. This will involve an hours conversation on the phone with the mediator. I imagine this free service & simplification of the Small Claims procedure will embolden CEL cowboys in 2018.
Any ideas as to how to proceed - gratefully received.

Background
I got my PCN for an overstay of 1 hr in a county swimming pool carpark in May 2015. This quickly escalated as I did not respond with a payment. No 14 day early payment discount was offered in the first instance, so I ignored a clearly excessive penalty as bogus.
March 2016 (£140) Civil Enforcement (unsigned) "for and on behalf of Civil Enforcement Ltd"
April 2016 (£200) via ZZPS unsigned from "Customer Services"
May 2016 (£200) via ZZPS unsigned from "Customer Services"

County Court Claim: Oct 2017 £280+Court Fee £25+Legal reps £50 = £355.64
This was signed by someone purporting to be Ashely Cohen

NB the agreement to use mediation must be sent to both the County Court Bus Cntre and the Claimant. CEL publishes no email address!! Does anyone have this?
ZZPS email address is unrecognised!

The_Deep

Mr Cohen has form


http://parking-prankster.blogspot.co.uk/2015/04/is-ashley-cohen-of-civil-enforcement.html

waamo

You really need to start your own thread. Hijacking someone else’s can cause massive confusion.

KeithP

Carolynm wrote: »

Any ideas as to how to proceed - gratefully received.

Hello Carolnm, the best idea I can think of is to start your own thread.

It really is not a good idea to hijack someone else's thread for several reasons. One of which is that it will soon become confusing trying to address two people's incidents.

Having started your own thread, please come back here and delete your post above.

Then it's time for you to read the NEWBIES FAQ sticky thread, where you will find guidance on how to deal with your situation.

Northerner_lad

I WON!!!!

I am the original poster here (Northerner_lad) and I just want to give you guys an update on my case with CEL...

I received a claim form from the county court on 03 Oct 2017 in respect of an overstay at a car park in July 2015 (!!!!!!!)

I did a google search and came across this forum and made a profile.

I was going through some health problems and followed the step-by-step guide to challenge even though I had other stuff to deal with in my life..blah blah blah....the case was eventually transferred to my local court for a hearing!

I said "no" to mediation repeatedly! LOL.

I got a letter last month from CEL to say that they are discontinuing court proceedings for the claim and have notified the court of the same. They sent me a copy of the notice of discontinuation form...WOOHOO!!!

A big massive THANK YOU to the admin team; Coupan-Mad, Redx, KeithP and all the others that helped me with the advice and forms/statements etc....deffo worth following the steps...and be hopeful those that are in similar positions.

Ta once again

Coupon-mad

Well done, another CEL claim defeated - another one bites the dust!

:T

System

Ignore this case but it's a heads up that we are approaching the "peak claim" season. Issue date was 3rd October.

The Court Xmas cards that are sent out by PPC's to take advantage of the increased stress at this time of year should be arriving.

So polish up your references and links to successful wins.

Coupon-mad

When we are too busy at holiday time, I plan to tell people to search for 'another one bites the dust' and find a win or two like theirs, and learn from it.