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Fruitcake

Were you shown the contract allegedly between the landowner and the scammers? I believe you said previously they said they would produce it in court.

If they didn't, ask for it again, and make sure you get to see it at the next hearing. Insist on it as everything must flow from there. Point out you need time to read it and understand it and challenge it if it is only produced on the day.
If it is not produced at all you should be insisting the case is thrown out. If there was a contract, why wouldn't the scammers show it? You could say it would be like someone trying to sell you the Eiffel Tower. They would need to prove they really owned it in order to do so. This is no different. You say, there is no contract so they have no right to issue charges, make them prove otherwise.

If you do get to see it, check dates, renewal dates, signatories etcetera. Is it a renewable contract after a certain period? If so, where is the proof of renewal? Was it signed by the landowner or their agent acting for them. If an agent, where is their proof they can act for the landowner?
Are the signatures legible and consistent. Has it been signed on behalf of someone else?

This thread details the signatory requirements for a contract to be valid. Check this against the signatories if you do get to see the contract. Point out where the judge in the case mentioned in that thread spotted the contract was deficient and therefore void.

https://forums.moneysavingexpert.com/discussion/5772224/motorists-2-ppcs-0

Again, if no contract is produced then question why. The contract is critical to their claim and without it their case must fail. They said they would show it but without sight of it yourself you are being denied access to a vital piece of evidence for your defence putting you at an unfair disadvantage.

Fruitcake

The judge said this is a legal not moral issue, so you need to go to town on that.

For the scammers to get keeper details they must be a member of an ATA and abide by that ATA's CoP.

The CoP says where signs should be displayed with respect to disabled bays so you show they failed to do this, therefore failed to follow the ATA's CoP, therefore they failed to abide by their KADOE contract with the DVLA, therefore had no right to obtain the keepers personal details which is a DPA/GDPR breach.

What has your MP contributed to this so far? Have you complained yet, focusing on the unfair treatment of a vulnerable disabled person by an unregulated bunch of scammers?

jungalow

Hi there,

So we finally have a date for the extended hearing on grounds of the Disability Act, which is mid Oct. I am going to be gathering all of the aforementioned evidence and also contacting CEL letting them know about the disability act in the hope that they decide to drop the case before the hearing.

My question is that I have had a seriously tough couple of months and have had emergency for cauda equina and also have to have an urgent hip replacement in December which should have been carried out around now but because of the back surgery has had to be postponed. Not only is this severely affecting my mobility and I have been told to expect recovery to last up to a year, but mentally I need to have as little stress as possible. Is it possible to ask for the hearing to be postponed on medical grounds until I have had my hip replacement and feel strong enough medically and physically to go through this process?

The problem that I can foresee is that the defendant is actually my husband as the registered keeper of the vehicle and I am just the driver of the car, the reason for the overstay and his layperson representative.

Please can someone give me some advice on what it is best to do? I am so severely tressed and I just want to get better. I'm tempted to just pay everything so I don't have to deal with it although I know that this is NOT right in any way shape of form and don't want CEL's bullying tactics to work.

Thank you

Redx

The defendant writes to the judge asking for a new hearing date due to pressures at home with a wife going through serious medical problems , possibly with some evidence to support the postponement , stating that the pair of you wish to attend Court in person to fight this case , when your heads are in the game , possibly giving new dates that are suitable , such as January and February 2020 etc

jungalow

Thank you so much! I shall draft a letter/email today and see what they say. I've also requested a slot at my MP's open surgery so we we will see what they say.

many thanks again,

jungalow

Hi so my husband is at the drs now getting a note o declare him currently unfit to attend court and I also have one due tofecoveringcrom spinal surgery and awaiting further hip surgery. I contacted the court yesterday telling them this (the hearing is Dr on 31/10/19) and they have said we have to fill out a form and invite a cost of £245 to move the date or £100 if the other party agrees to adjourn as well. Does this sound right? I've been very unwell in the last month's nd the stress of having to deal with this is taking its toll on both of us severely hence why I'm only making contact with them now even though I'm only 5 days past my last round of immunotherapy and currently in bed with shingles.

We're so close to just settling as we thought CEL would perhaps approach us with an offer to settle before this court date but we've had no correspondence from them at all. I'm so worried about the mounting costs of all of this and the fact that their silence also means that they feel they have a good case against us. I'm so I'll at the moment that I just can't have this hanging over my head. I just don't understand why I may end up having to pay hundreds just because as a disabled person I was too unwell to move my car. How can they do this?

Thanks

Redx

There are no mounting costs apart from government set court fees

The MCOL and court system has nothing to do with parking , it's civil service and no different if it was about you not paying a builder or rent

I strongly suggest that you ask those legal questions on legal beagles , even if you get excellent knowledge from here

Do not assume they care about your case , the silence is not personal, it means nothing

You can still write to the court asking for the case to be heard on papers, so no attendance required

Nobody said that court was fair

Good luck

nosferatu1001

Absolutely no mounting costs. CEL are silent mostly because they always are - its unusual for them not to discontinue but its possible

The_Deep

we have to fill out a form and invite a cost of £245 to move the date or £100 if the other party agrees to adjourn as well.


That seems a bit harsh, have you got your M on boards?

KeithP

Are you eligible for help with court fees?

Please check.