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CEL parking defence help!?

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Comments

  • 777ade777
    777ade777 Posts: 70 Forumite
    edited 16 November 2017 at 3:19PM
    On the PDF file that was sent of me informing them that the POC was late was called 'POC defence'

    It looks like they've thought this was my proper defence because the word defence was used.

    Not to sure if they will accept the one I've sent today now.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    They have to
    The prior was legitimate correspondence. Easy win if they fail to process your defence as such.
  • They have to
    The prior was legitimate correspondence. Easy win if they fail to process your defence as such.


    It clearly stateed 'POC DEFENCE'. Legitimate correspondence as you say nosferatu.

    CCBC make this so hard!
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Theyre not competent, it seems

    They cant even read their own rules, and when a CONSUMER knows more than they do, there is a problem.
  • They've just sent the exact email to me in reply to my defence which was sent today.

    I've complained and said it would be very irresponsible of CCBC if they have taken the complaint about late POC as a defence. If they're not legally trained then to use common sense, as it clearly states its 'POC DEFENCE'.

    What will happen if they don't send my defence?
  • Coupon-mad
    Coupon-mad Posts: 155,669 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Keep on as normal - DQ (and object again) then at WS stage, include all this in your WS!!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Loadsofchildren123
    Loadsofchildren123 Posts: 2,504 Forumite
    Sixth Anniversary Combo Breaker
    edited 18 November 2017 at 1:13PM
    Well they can UNLABEL it then. An rerrir in the computer can be corrected. It is absurd that a person employed by the court could not recognise this was not a defence. Particularly as in the letter you recorded the date by which you calculated your defence to be due.
    Write and insist it’s changed. It was their mistake and it is outrageous to expect you to apply to correct it!
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Don’t bother to apply. If CEL picks up on it you will say the court has acknowledged it was an administrative error and you’ll ask the court to grant you leave at the start of the hearing, if necessary.

    Perhaps when you write the letter with the DQ include a request that your defence dated x is to be treated as your first filed defence.

    The thing that makes it so ridiculous is that it was very clear that letter was not your defence, it was a complaint about a breach of the rules by the C, and what’s more it actually said “I will be filing my defence on x date” or words to that effect!
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Don’t bother to apply. If CEL picks up on it you will say the court has acknowledged it was an administrative error and you’ll ask the court to grant you leave at the start of the hearing, if necessary.

    Perhaps when you write the letter with the DQ include a request that your defence dated x is to be treated as your first filed defence.

    The thing that makes it so ridiculous is that it was very clear that letter was not your defence, it was a complaint about a breach of the rules by the C, and what’s more it actually said “I will be filing my defence on x date” or words to that effect!


    I'll email CCBC again asking for this to be changed and accept the defence sent on the 16th, I've already done that and they sent the same email back again though so i don't know if theirs any point. Okay, I'll let you know when my DQ comes so that i can i include everything i need to in the letter I'm sending with the DQ.

    I'll carry on emailing CCBC complaining.
  • I've received 'Notice of proposed allocation to the small claims track'.

    Any advice/tips are welcome :)
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