County Court Claim CEL Blue badge

jungalow

Hi there,

I have received a county court claim regarding a ticket from Civil Enforcement Limited and filed the AoS as per the newbie thread. I have until 23rd December to file my defence and wanted to get some advice as the case is slightly complicated.

Firstly, as I have ignored all correspondence up until this date everything is in my husband's name although I was the driver on the day. Do I have to do anything in order to rectify this other than provide the correct information in my defence?

Secondly, I received the ticket for overstaying the maximum parking stay but I take issue with this for two reasons.

On principle I feel that the maximum stay has been calculated with the sole purpose of being able to issue tickets. On the day in question I merely used (and not in a ridiculously lengthy manner) the three facilities onsite (I did a weekly shop in Aldi, browsed the Poundstretcher quickly and took my two children for a Happy Meal at the Mcdonalds). Surely this is purpose of the site and therefore the length of stay should be calculated based on this? I have approached all three companies on site to complain about this, at first Aldi agreed with me but then when it went further up the chain I was issued with a copy of their blanket parking policy which is the same response I received from Poundstretcher and McDonalds.

Secondly, I am a blue badge holder and was parked in a disabled space on the day. I was feeling particularly unwell and without wanting to go into detail in order to protect my dignity things took slightly longer than expected in two of the three shops. I believe that there should be a reasonable grace period for those who are disabled when it comes to maximum parking stay under the equality act but of course this is at the discretion of the private company and not "law" just a guideline.

I just wonder what I should do in terms of my defence and the best way to defend against the £267.93 attempting to be claimed?

Any advice would be gratefully received,

Many thanks

Redx

you cannot file any defence, because unless I am mistaken this court claim is in your husbands name and only HE can deal with it

you can help him , but this isnt about you per se

the BB isnt valid on private land, the EA2010 is valid, but he never named the driver hence why its not in your name

as a BB holder myself I know where you are coming from , but as he wasnt the driver and because its likely that CEL didnt follow POFA2012, then he cannot be held liable for this claim

so read post #2 of the NEWBIES STICKY THREAD and if the AOS has been done online by HIM then draft HIS defence based on nokeeper liability, not the driver etc

look at other CEL threads where the defendant wasnt the driver and base his argument on the same arguments, plus objecting to the high charges too

post the full POC and the costs breakdown below, plus post the DATE OF ISSUE of the court claim

and remember, there is no I in this as YOU are not the defendant , everything you said in your post would be valid if CEL were taking YOU to court, but they arent

on a side note, you may have a case under the EA2010 but thats a separate issue, because this isnt YOUR court case

capiche ?

nosferatu1001

As above

WHO has filed the acknowledgement? ONLY THE DEFENDANT can do this, so if the claim was acknowledged by someone else, you have erred already.

jungalow

Thanks for your replies. The AoS has been filed in his name and nothing has been said about me being the driver thus far. Therefore, I will file a defence as if I were him, then get him to check it/do it with me, as per post 2 in the Newbies thread and post it on here to see if anyone can check I've done it correctly.

Thanks again for your input. Its all so complicated and I really don't want to put a foot wrong in my responses/actions.

KeithP

As Redx has already asked, what is the Issue Date on the Claim Form?

One thing is certain... your Defence isn't due on 23rd December.

jungalow

Hi there,

The issue date is 21 November 2018. I'm working on my defence all this week on behalf of my husband with the aim of filing on Friday.

Thanks

Half_way

Have you informed the parking company AND the car park owner of your disability, she the fact you need extra time?
I would also look at a counter claim citing the Equality act, against both the landowner and the parking company
Either which way you must make it clear to both the car park owner and the parking company that you/an occupant of the vehicle has a protected characteristic under the equality act, for which no reasonable adjustment was made, despite showing evidence in the form of a blue badge on the day

KeithP

jungalow wrote: »

The issue date is 21 November 2018.

With a Claim Issue Date of 21st November, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Thursday 27th December 2018 to file your Defence. A few extra days due to Christmas court closing dates.

Not long now to produce a 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 suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. 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'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If it is not, then chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL] to find out exactly what to do with it.

Of course, everywhere I have said 'you' or 'your' I mean the Defendant.

jungalow

Hi thanks for your advice and updated deadline. Turns out it is most definitely needed as I have had an unexpected hospital stay which means I am finishing things up now and will most likely get this in quite close to the wind, something which I am highly uncomfortable doing.

I have some detailed defences from the board from those in a similar situation to use as a template but just wanted to see if you think it would be a good idea to include something about me potentially being the driver and having a blue badge? Obviously the main gist of the defence is that we cannot remember who was driving so under keeper liability etc my husband cannot be held responsible. However, I am the only other possibility as I am the only named driver on that policy, therefore if it was me driving then an overstay on the premises could have been due to unforeseen circumstances due to my disability (which is partly the truth of the circumstances).

Is it worth going into this or am I over-egging the pudding and should only include this if it progresses further?

Redx

a defence only addresses the POC, the charges they are claiming and legal arguments that are being relied on (STARTING WITH THE CONCISE DEFENCE BY BARGEPOLE, AND ADDING THE OTHER PARTS TO IT - for example)

any "story" is for much later down the line at the WS stage, much nearer the court date

the insurance details are irrelevant, I could have been driving using my insurance policy, as could millions of other drivers (this isnt about insurance documents)

an OCCUPANT of the vehicle has or had a blue badge and is covered by the EA2010, that is the crux of it , no names, no pack drill, so those facts can also be added to the defence if it needs to be done


if the DEFENDANT (KEEPER) was not the driver , SAY SO


there is no "MY , ME , MYSELF & I" in this saga

there are the following words

KEEPER, DRIVER, CLAIMANT , DEFENDANT , OCCUPANT

The_Deep

Also, please raise the matter with your MP.

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.