CEL County Court Business Centre Claim

booth1ee

I am trying to deal with a claim from CEL received on 3/10/17. I have read the Newbies thread. Unfortunately I didn't read them thoroughly enough and acknowledged the claim prior to the PoC being received. As I understand it I have now started the clock and my defence needs to be submitted by Friday despite the PoC only being received on 23/10/17.


The particulars of my ticket are as follows:

• On 27/7/15 I was in my company van which was leased, working on unit and was advised by the contractors that the parking restrictions did not apply.
• I received the original parking notice via the lease company.
• I (perhaps mistakenly) took the militant approach and wrote on 25/4/16 to ZZPS and CEL stating mitigating circumstances based on the first point above and did the usual disproportionate charge.
• I had no other correspondence from them until the claim form on 3/10/17.

I am not sure if I have a defence other than the usual the claim wasn't served in the correct way. The claim is addressed to my name and the name of my company. At this is a vehicle leased by my company I believe the claim should have only had the company name on it. Is this worth mentioning in my defence.


The defences I have read mention the following:

1. Inadequate signs incapable of binding the driver - this distinguishes this case from the Beavis case:
2. Sporadic and illegible (charge not prominent nor large lettering) of site/entrance signage - breach of the POFA 2012 Schedule 4 and the BPA Code of Practice and no contract formed to pay any clearly stated sum.
3. It is believed this is an unfair contract, not agreed by the driver and contrary to the Consumer Rights Act 2015 in requiring a huge inflated sum as 'compensation' from by an authorised party using the premises as intended.
4. No promise was made by the driver that could constitute consideration because there was no offer known nor accepted. No consideration flowed from the Claimant.
5. The signs are believed to have no mention of any debt collection additional charge, which cannot form part of any alleged contract.
6. BPA CoP breaches - this distinguishes this case from the Beavis case: the signs were not compliant in terms of the font size, lighting or positioning.
   

• the sum pursued exceeds £100
  there is / was no compliant landowner contract.
  

7. No standing - this distinguishes this case from the Beavis case:


It is believed Civil Enforcement do not hold a legitimate contract at this car park. As an agent, the Claimant has no legal right to bring such a claim in their name which should be in the name of the landowner.


The car park is not near home so I cannot check these details. Would it be ok to leave these out.


I do not want to pay the extortionate charge of £352.28 and believe I have nothing to lose to defend but I'm unsure how to do it. Any help would be greatly appreciated and I apologise for the late post. Thanks

Redx

I would suggest you start by copying this one into word and then adapting it to suit, pending the replies to your legal questions

https://forums.moneysavingexpert.com/discussion/5729157

or this one

https://forums.moneysavingexpert.com/discussion/5737520

if you appealed or complained as driver, then that is what they were after, so if the claim is in your name as driver , then you defend as driver

if the driver wasnt named, then POFA2012 comes into play plus a company cannot "drive" a car, only a human being

Coupon-mad

You also need to write to the court about the late POC, like here, in the hope of it being struck out:

https://forums.moneysavingexpert.com/discussion/5734831

booth1ee

Thank you both, I will do both the defence and complaint letter.

Loadsofchildren123

You have until Monday for your defence if you received the PoC on 23rd

Loadsofchildren123

You need to add into your defence that you had authority to park there as a tradesperson carrying out work at a unit on the site, without the ts&cs on the signage applying to you.


You must get onto the contractor and get them to confirm in writing that you were exempt and there was authority from the PPC/landowner for you to park there while working on the unit. Once you can show authority they are stuffed. This is your best defence.

Loadsofchildren123

What was the system on site when you were working there? Was your VRN written down/logged anywhere, were you parked in a cordoned off area, were you given some sort of permit to display? How did it work?

booth1ee

Thank you Loadsofchildren123 really appreciate your help. I will respond fully shortly.

Loadsofchildren123

Pressurise the contractor to get the landowner to have this charge cancelled. Otherwise the landowner will find that people don't want to work there, and units will remain empty....
This is the problem with stupid PPCs, they just won't cancel charges even when it's clearly demonstrated that they were given in error. They just keep pressurising you, hoping you'll pay up anyway for a quiet life.

booth1ee

Apologies I couldn't reply earlier, I was in a meeting. The car park was under a Parking Eye. Being a contractor I have worked on a number of retail units for this particular company and have always been able to park outside the unit without any restrictions. I had no reason to believe that this site was any different. I had a sign in my van stating I was working for XXXX with my name and telephone number. Thank you Loadsofchildren123 for your advice I will contact the company tomorrow.

booth1ee

Hi I have read the newbies thread and the Court Procedures steps however I would just like clarification that I enter my defence but leave the letter from the company stating I had permission to park until I submit the witness statements. Hope you can help. Thank you in advance.