CEL ? -- ARE YOU UNDER ATTACK ?? Read this thread

Loadsofchildren123

Umkomaas wrote: »

Could they not argue that their ‘contract’ with the motorist is the critical one, not that which they have with landowner, in other words, the signage?

Do they have room to hide behind this?

Yes the rule is that they provide the contract they are saying D has breached.
The landowner contract is something that should be requested pre-claim under para 5.2 of the protocol. If too late to do that you ask for it as soon as you get the claim, or failing that raise it in the defence and put them to full proof of landowner authority. And keep asking for it because they'll ignore the request.

Loadsofchildren123

Coral87 wrote: »

Surely not if the case is that no driver has been identified, they are pursuing the keeper and they have not complied with POFA, if the keeper is not the driver then no contract could exist between the two parties.

Yes but they will assert RK was driving. So you argue in the alternative as RK -
1. Not POFA compliant, not driving and not liable.
2. Even if had been driving, or if NtRK is held to be POFA compliant, no contract was formed which can be sued upon because.....

Berribear

Apologies LOC, I have only just seen this.

So I'm going to write to CEL and request a copy of the contract, please can you review my letter to confirm it is okay to send ?

Dear XXXXX

Claim number [xxxxxxx]

Regarding Claim Form XXXX I am writing to draw to your attention to the fact that you have failed to provide me with a copy of the contract with the claim form you sent me. You are therefore in breach of the Civil Procedure Rules.

The Civil Procedure Rules are quite clear, Practice Direction 16, para 7.3, states that Claimant suing under contract, must provide a copy of the contract with the Claim.

However, this does not apply to MCOL claims and the exemption is contained in practice Direction 7E para 5.2A.

However, Practice Direction 7E para 5.2A goes on to say that the exemption does NOT apply if separate Particulars of Claim are served.

As you served the Particulars of Claim separate to the Claim Form, then you are clearly in breach of the Civil Procedure Rules, by not providing me with a copy of the contract you aledge I am in breach of. This is a serious matter and I will be writing to the court to inform them of this and will ask that it is formally noted on the court file.

I request that you supply me with a full copy of the contract you aledge I am in breach of pursuant to Practice Direction 16 para 7.3 and Practice Direction 7E para 5.2A.

Your Faithfully

I will also send the court an email to make them aware of this and will also add the above breach of CPR to my defence

Loadsofchildren123

Berribear wrote: »

Apologies LOC, I have only just seen this.

So I'm going to write to CEL and request a copy of the contract, please can you review my letter to confirm it is okay to send ?

Dear XXXXX

Claim number [xxxxxxx]

Regarding Claim Form XXXX I am writing to draw to your attention to the fact that you have failed to provide me with a copy of the contract with the claim form you sent me. You are therefore in breach of the Civil Procedure Rules.

The Civil Procedure Rules are quite clear, Practice Direction 16, para 7.3, states that Claimant suing under contract, must provide a copy of the contract with the Claim.

Although you may claim that this does not apply to MCOL claims (the exemption is contained in practice Direction 7E para 5.2A) Practice Direction 7E para 5.2A goes on to say that the exemption does NOT apply if separate Particulars of Claim are served.

As you served the Particulars of Claim separate to the Claim Form, then you are clearly in breach of the Civil Procedure Rules, by not providing me with a copy of the contract you aledge I am in breach of. This is a serious matter and I will be writing to the court to inform them of this and will ask that it is formally noted on the court file.

I request that you supply me with a full copy of the contract you aledge I am in breach of pursuant to Practice Direction 16 para 7.3 and Practice Direction 7E para 5.2A.

Your Faithfully

I will also send the court an email to make them aware of this and will also add the above breach of CPR to my defence

Just changed slightly to make it clearer about the exemption

Loadsofchildren123

Can you post the letter on your thread as well?

Berribear

Thank you LOC


I'll post the letter on my main thread, as requested.


Thanks again for your kind help

beamerguy

CEL CANCEL

See the letter here sent by Berribear
CEL - Parking Charge Notice Cancelled!!
https://forums.moneysavingexpert.com/discussion/5743412