CEL defence claim letter due nov

Cateek

“they failed to disclose any cause of action” - what does that mean exactly? I thought their action was to chase someone for money but this must be wrong.

Has anyone seen anything about pregnancy or having a new born? Can find anything in the BPA CoP about it or in general searches of legal defences.

Other people’s defences have said signs were not lit, but the ticket I got as the keeper was for a vehicle parked in the day so am I wouldn’t bother saying that right?

Another thing people said was that they cannot be expected to recall the driver but I have said the driver was disabled so I can’t say that either. Is there a point in proceedings that you do have to identify the driver (like if it did get to court)?

Sorry if these sound stupid questions, I can see there are meany people requesting help so you folks are reading a lot of defence statements.

I had posted my draft in #10, does anyone think I should be reorganising it or adding to it? Other people have been directly quoting pre action practice directives whereas I just referenced or referred to them. Should I quote them?

Thanks in advance of any advice

[Deleted User]

Is there a point in proceedings that you do have to identify the driver (like if it did get to court)?

Unless you're good, you may struggle to duck this question if a district judge asks you directly if you were the driver...

claxtome

Suggestion about defence:
Check spelling and grammar as seen some problems with both.

Last line of paragraph 3 just mention CoP 16.

6. Signs are required to be well placed signs, such that disabled people can see the full terms from their vehicle at all points of the car park (from the applicable BPA CoP 18.10 version 6). The driver was disabled using crutches and involved with physiotherapy treatment at the time of the parking event so BPA CoP 18.10 was also breached. When I later visited the car park I saw that there are only 4 signs (entrance signs are approx 6 feet up a pole, there are 2 further signs beside spaces (easily obscured by other cars) and then another sign at the exit, signs are only on one side of the car park

Just reword after looking at CoP 18.10 again.

Suggest remove paragraph 11 as doesn't add to your defence.

Cateek

Hello again
I am now filling out my directions questionnaire for the small claims track and have a question. I’ve not seen this in the newbies post.
Part of my defence was that the driver was temporarily disabled, using crutches and receiving physiotherapy treatment.
1. Does a letter from a physiotherapist (saying the driver was indeed getting treatment and prescribed crutches) count as an extra witness or expert evidence or neither (maybe it’s just letter supporting my witness statement)?
2. If I do produce this letter of proof then I will also be naming the driver, is this a problem? Will I have to share that information before the court date or just if I get heard in court?

Thanks for any advice

[Deleted User]

Letter. Attach it to your statement as an exhibit.

KeithP

Cateek, I've not read the rest of your thread, but could you not just say 'an occupant of the car needed to use crutches'?

But do bear in mind Johnersh's post #13.

Cateek

Hello
Well I guess my defence was did not sound that strong as I have been given a court date in March.

I am looking through case law to find support of my defence statement now.

Cateek

Hello
I needn’t have started preparing for court with wading through various case law as I received a letter from CEL saying they had discontinued proceedings and attatched a copy of the N279.

I will check with the court and write to my MP as per advice

Thanks for all the information on this forum and personal assistance
Cheers

For anyone reading this that is preparing their fight, I will post a few really useful links/addresses that took me a while to find.

All the best!!

Ah, I can’t post links

For Case law re. parking see parking prankster (this site won’t let me post a link)

Plus!!

Below, Basically states a parked car is stationary! ....so these photos of a vehicle entering and exiting, is not evidence of parking times as the vehicle is still moving.
5th March 2015
Eric Pickles
Secretary of State Department of Communities and Local Government
EXPLANATORY NOTE
(This note is not part of the Regulations)
(i) a period of parking that has been paid for as authorised by or under any order made relating to the designated parking place; or
(ii) a period of parking for which no charge is payable as authorised by or under any order made relating to the designated parking place.”
The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 (S.I. 2007/3483) together with the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 (S.I. 2007/3482) provide for the civil enforcement of parking contraventions in England (including Greater London) in accordance with Part 6 of the Traffic Management Act 2004 (c.18)
These Regulations amend the Civil Enforcement of Parking (England) General Regulations 2007 to introduce a ten minute grace period before a penalty charge is payable and a penalty charge notice can be served in relation to a parking contravention where a vehicle is stationary in an off street or on street permitted parking place and the vehicle has been left beyond the permitted parking period.
An impact assessment has not been produced in relation to these Regulations as it has no impact on business, charities or voluntary bodies.
© Crown copyright 2015
Printed and published in the UK by The Stationery Office Limited under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s Stationery Office and Queen’s Printer of Acts of Parliament.

legislation from Gov uk


Good luck!!

Coupon-mad

Seems CEL are bailing out in droves against our defences, as they have done for a couple of years:

https://forums.moneysavingexpert.com/discussion/comment/73714642#Comment_73714642

https://forums.moneysavingexpert.com/discussion/5733184

Those two are from today as well. Yay!

This is what happens in all CEL cases when well defended, just wish more people knew that!

Two things to now do to fight back, if you haven't already:

https://forums.moneysavingexpert.com/discussion/comment/73697428#Comment_73697428