*URGENT HELP* Appealing Parking Charge taken to court

GiaPetite

Do I use the photos in the first defence or later? I also have a letter from the resident who the driver was visiting stating the driver was visiting them and they were never made aware of time restrictions on visitors. Do I use that too?

nosferatu1001

No such thing as your "first" defence. You file A defence, singular. If you have read post 2 of the newbies thread, you will know that you supply evidence only later, as part of a witness statement.

However as this is CEL, it will neverget to a hearing or WS. They will fold before they have to pay the hearing fee.

GiaPetite

Ahhh that's good news. So do you suggest that I use the photos in my first defence and compare them to the Beavis sign as proof that the signage was inaccurate?

Le_Kirk

nosferatu1001 wrote: »

No such thing as your "first" defence. You file A defence, singular. If you have read post 2 of the newbies thread, you will know that you supply evidence only later, as part of a witness statement.

GiaPetite wrote: »

Ahhh that's good news. So do you suggest that I use the photos in my first defence and compare them to the Beavis sign as proof that the signage was inaccurate?

What do you think your "first" defence is, you've mentioned it twice despite having been told there is only ONE defence?

KeithP

GiaPetite wrote: »

So do you suggest that I use the photos in my first defence and compare them to the Beavis sign as proof that the signage was inaccurate?

You must've read many Defences over the last week or so.

How many did you see pictures in?

Hint: A Defence is just text.

Pictures are evidence, which is presented at a later stage.

Coupon-mad

The defence does not contain any photos or attachments.

That comes later.

GiaPetite

Oh ok, my apologies I thought I should just back up my points as much as I could.

What does this mean? 'No standing; this distinguishes this case from the Beavis case. It is believed Civil Enforcement Ltd 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.'

I called the landowner and they said Civil Enforcement have permission to be there as non residents and visitors were parking in the carpark but they don't make any money and are never notified when PCN's are issued. They also said there are time restrictions on visitors being there as there isn't a visitor bay for each resident so they need to be equally shared however it does not state on the signage how long people can stay for.

Coupon-mad

It is putting CEL to proof of that landowner contract.

Leave it in, this is their case to prove and they will not bother, when defences are strong.

GiaPetite

So can I send it off as it is via post or email? I've seen on some forums not to put it through the MCOL website as this completely ruins the formatting.

Coupon-mad

Correct, email it to the CCBCAQ email address, easily found when you Google for it.