CEL Claim form defend help

mummy_bee

Thank you again for helping! Would this be any good?
11. The Defendant was not the driver of the vehicle, but was present as a passenger and is aware that the driver was engaged in simply assisting a resident elderly and infirm passenger to board/alighting to and from their home and the driver accepted no contract. The driver did not agree to pay money for assisted boarding/alighting of an elderly and infirm passenger (which is not parking activity, as confirmed in the TMA2004, such activity cannot be considered to be parking on street and it follows that nor can it be construed as parking when dropping off or picking up a passenger on private land). As this is a matter of trespass, the Beavis case confirmed that a parking firm not in possession could not claim damages under the tort of trespass, and in any case, this is not the crux of this claim. This Claimant has no cause of action against the Defendant.

KeithP

In my opinion it would be good to expand TMA2004 to Traffic Management Act 2004.

Coupon-mad

As this is - at best - a matter of trespass,

mummy_bee

You are fantastic! Thank you so much! If you think the rest of the defence would be ok I will email them tomorrow. Wish me luck!

Redx

dont forget to print , sign and date , scan back to pc and save as a pdf BEFORE emailing as an attachment !

mummy_bee

Thank you for reminding me Redx!

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

mummy_bee

Does anybody know if after sending the defence by email, should I get a reply of acknowledging the service? Or how do I know they have received it?

Redx

ring them up and check (obvious)

mummy_bee

Thanks for reply! I have received a letter through post today.