CEL - County Court claim

DavidM1989

Hi

Someone has received a CCJ letter on the 4th of October in regards to an apparent unpaid parking ticket. This person acknowledged the claim on the 11th and has left it there because they were awaiting on the particulars of the claim which the CCJ letter informed them would arrive within 14 days.

After nothing showing up and doing some research it appears this is a decoy to attempt to make them wait and have the judge rule against them due to no response given

I believe they have 28 days from the claim date which was the 4th of Oct meaning there is only a week or so to sort this

Anyway, they have chosen to defend. The driver thinks they are aware of what the claim is in regards to without having the exact particulars.

The claim is asking for in excess of £300

The owner of the land is this persons workplace and they have a private company by the name of CEL run the car park.

As a defense , if the driver can get the land owner to say they do not wish to persue any claim against the driver as the driver was only there to work, will that get the claim thrown out ?

nosferatu1001

OK, cqan you please not use th wrong temrs?

I presume you DO NOT mean you have a "CCJ" letter, but a County Court Claim Form from the CCBC in Northampton?

The claim should NOT have been acknowledged until AFTER the full PoC were served. They have 14 plus 5 days from date of issue of the form to ensure the PoC are served.

The period for filing a defence
15.4
(1) The general rule is that the period for filing a defence is –
(a) 14 days after service of the particulars of claim; or
(b) if the defendant files an acknowledgment of service under Part 10, 28 days after service of the particulars of claim.
(Rule 7.4 provides for the particulars of claim to be contained in or served with the claim form or served within 14 days of service of the claim form)

As you did not tell us the issue date, you need to work out whether that has passed (almost certainly, but by hoow much is important) and you need to then call the court and state the PoC have not been served, it is now X days after the deadline, and despite acknowledging the claim you would like to move to have the claim struck out as you are unable to defend without PoC. There is a good chance they will say you need to pay £100 to apply for tyhe stirke out, HOWEVER you can se from many other threads here you can point them to their own case management powers. Even if you have to pay £100, you ask the court orders this to be repaid by the claimant, alongside your reasonable costs to date - say 2 hours at £19 per hour - within 14 days. As this case is NOT on the small claims track YET, the protection from costs does NOT apply so the other side IS liable

DavidM1989

Ok

So further to this i have received the particulars today

Upon receiving them i see that the offense date was October 2015, they also have anpr images of the car

Now this is all irrelevant because the defense was going to be

A. the driver pays monthly parking and B the land owner doesnt want to persue this claim

So i ring up work who inform me 2 things

A. The monthly parking i paid doesnt cover this particular site

B. They dont actually even own that land


So basically they are totally screwed and now dont have any defense what so ever, plus the fact there are clear signs and photos of the car

Id say that is game over ?

Anyone who feels like they know how to beat this feel free to take the reigns and if you can manage to do it i will happily send over £150

Otherwise im just going to pay, i have one week left to get a defense in but as i say i dont think there is even a possible defense i can use

KeithP

If you received the PoCs today, you have at least two weeks to submit a defence.

DavidM1989

Ok

That isnt really the issue tbh

The issue is the driver doesnt have a defense

I need someone who has dealt with this stuff before to have a look at the information i provided and tell me if there is a defense that can be used for the situation, because it looks very grim

nosferatu1001

DefenCe

Well of course they have a defence, IF the driver was not identified, then you use the EXACT defences for no keeper liability found everywhere on the site. Come on, not tricky instead of throwing it away?

Are teh PoC late? If so why not apply to the court to strike teh claim out?

KeithP

Let's get this right.

Who has received the claim? The driver or the registered keeper?

The answer is RK isn't it?

(those are rhetorical questions - no need to answer)

So why does the driver need a defence? (note spelling)

It is the RK that needs a defence and one line might be that the RK has no liability since the private parking company has failed in the process of transferring liability from the driver to the keeper.

Another defence point might be the quality and quantity of the signs. Are you an expert on these things?
The PPCs needs to prove that the signs are sufficient to form a contract with the parker.

I could go on.

You and or the RK need to read more in post #2 of the NEWBIES thread.

Of course it is defendable.

Loadsofchildren123

But what was the driver told at the time about parking there? Read my Admiral thread which was a staff car park (although there was no issue with which car park it applied to)


As I understand it, driver paid for parking. What was driver told - that they could park there? Why didn't they ever get ticketed before if this is wrong?