claim form from CEL he;p needed on how to play it

koby83

Can anyone please help with how i play this.
I got a fine from CEL for overstaying by approx half an hour on one of there car parks
They have ANPR and sent me pictures of my car entering and leaving.
Now this is a car park which is free for 3 hours. It appears that the driver most of overstayed, I do however have gym membership for a gym thats customers are allowed to use this car park. Initially the gym was the only business on the car park, then other units popped up so we were given a sticker for our car which meant that we could stay as long as we want. Then things changed and more units came so they made the car park free for all for 3 hours.
My point is, my car was alleged to of overstayed but as the car park is free they have no loss in earning so therefor their demand for £350 is very steep. Also with me having a gym membership i am contributing to the site anyway.
I have had a claim form and aim to fight this in court and will be acknowledging so
p.s. i have had lots of letters, debt collector and solicitor letters but i ignored them all.

Coupon-mad

I have had a claim form and aim to fight this in court and will be acknowledging so. But question is do i admit to overstaying and then say as it is free i dont owe them anything or do i come up with a feeble excuse?

Why do you think ''i admit to overstaying and then say as it is free I dont owe them anything'' is NOT a feeble excuse? It is TERRIBLE and would lose, as you cannot argue that ''no loss caused'' any more, since ParkingEye v Beavis.

Why do you think you need an excuse?

And you add this into the start of the defence, as part of the facts of the case, without saying is the Defendant was driving or not:

I do however have gym membership for a gym thats customers are allowed to use this car park. Initially the gym was the only business on the car park, then other units popped up so we were given a sticker for our car which meant that we could stay as long as we wanted. Then things changed and more units came so they made the car park free for all for 3 hours.

What is the date on the claim?

What do the Particulars of Claim say EXACTLY (all words, minus the VRN)?

onlyfoolsandparking

Advice has been NOT to ignore since late 2012 but you are where you are now.


Go to the newbies thread and familiarise yourself with the game you are now firmly involved in.


Saying the car park is free and so they haven't lost anything wont get you anywhere are you familiar with Barry Beavis he tried that didn't work so forget that thought, you will however have a defence starting with editing your post to NOT!!!! say who was driving, advice is never to tell scammers who was driving, you defend as Registered keeper.

koby83

thanks for your reply.
They sent me paperwork with pictures of my car leaving and entering so would i still be able to contest by saying im the registered keeper and not admitting to who was driving.
I was not aware that i could not use the fact that it was free so there is no loss of earnings card. I have heard of the beavis case but there was that much technical language used in it i failed to grasp what was being said.
Would i be best to just pay the fine then?

Redx

no they didnt

they sent pictures of a vehicle with VRM of AB123XYZ entering and leaving

words are important here , so do not use the following words

"ME , MYSELF & I" , so edit your posts accordingly

the correct words are either DRIVER or KEEPER

so the DRIVER may have overstayed, but your defence will be based on legal arguments that may work in your favour

koby83

sorry the date was 108/2016
claim just says for monies relating to parking charge for parking in a private car park managed by the claimant in breach of the terms and conditions. drivers are allowed to park in accordance with t&c's of use. anpr cameras are used to monitor vehicle entering and exiting the site. Debt and damages claimed 236.00 plus 40.76 interest

Redx

that date is incorrect


what is the DATE OF ISSUE on the claim form


has to be recent

Coupon-mad

They sent me paperwork with pictures of me leaving and entering so would i still be able to contest by saying im the registered keeper and not admitting to who was driving.

Clearly recognisable face of the driver, if a Judge looked at those images?

What's the date of the claim form... these cases are like pulling teeth...

Would i be best to just pay the fine then?

What, pay £250 or more, even though if you lost in court it would be less? WHY?

This is not a fine and is defendable, based on the confusing changes they kept making.

koby83

issue date for claim form is 1st oct but i recieved it today, but i have not been on and acknowleged anything yet as i am not sure which way to play it as i obviously have no excuse really. Up to yet i think the only defence i have is that you cant say who was driving.
Im sorry if i seem a bit thick but i have never had a fine in my life before and never even set foot in court before so i am unaware of how much the charges to me will be if i lose.

koby83

when i have looked at a lot of the templates a lot of the arguements dont really apply to me i think. I think maybe my defence is very thin!

KeithP

With a Claim Issue Date of 1st October, you have until Monday 20th October to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

Having done the AoS, you then have until 4pm on Monday 5th November 2018 to file your Defence.

Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as described here:

1) Print your Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.