Claim form CEL

monstar40

Hi
I hope am am following the forum rules. I have read the newbies site but just wanted to double check.

My husband has received a Claim for CEL dated 21 November which i now know from reading the newbies section that i need to acknowledge the claim via MCOL which i will do today. I am hoping i am still within my time limits to respond.

The particulars of the claim are:
Claim for monies relating to a parking charge for parking in a private car park managed by the Claimant in breach of the terms & conditions. Drivers are allowed to park in accordance with T&Cs of use. ANPR cameras and/or manual patrols are used to monitor vehicles entering & exiting the site. Debt & Damages claimed the sum of £182.00
Violation date 26/2/18
Time in: 18.18 Time Out: 19.41
PCN Ref: XXXXXXXX
Car Reg no: XXXXXXX
Car park: Fox and Hounds
Total due 182.00

The claimant claims the sum of 192.65 for monies relating to a parking charge per above including 10.65 interest pursuant to S.69 of their County Courts Act 1984.
Total debt and interest due: 192.65
Court fee £25.00
Legal rep costs £50.00
Total Amount £267.65

I then know i have to prepare and submit a defence statement.
The situation is similar to the odeon one whereby my husband parked in a village pub car park to go to the pub for a work relating meeting. It was a dark evening. Feb 6pm. He was there for 1hr 20 mins. There was no visible Ipad to input his registration details.
Should I do a SAR to CEL? How does that procedure work when there is a time limit for submitting my defence.
I am conscious that i need to submit my defence but worried that my time will lapse if i am waiting for the SAR reply from the CEL.
Thank you in advance for any advice and clarification.

Fruitcake

Follow the step by step process from post 2 of the NEWBIES.

Do the AOS first stating that you intend to defend, but leave the defence box blank.

Send an SAR as soon as possible. There is a link in the NEWBIES to a template on the Parking Cowboys website you can use.

Send a request to the DVLA to find out who asked for personal details including VRN from just before the date of the alleged event until now.

If the driver's identity has not been revealed to the scammers, edit your post to remove information about who did what. Only ever refer to The Driver and The Keeper.

What happened when The Keeper complained to the landowner?

Half_way

You shouldnt be using terms such as I, He, Husband, Wife etc, always refer to the driver in the third party.


One thing that is important, but placed as an after thought is this

parked in a village pub car park to go to the pub for a work relating meeting.

So vehicle was parked in a pub car park, and then the occupants of the vehicle used/visited the pub?
Have you complained to the pub? if not then you will need to word the complaint well, as a few places take the attitude " nothing to do with us" and "once court proceedings have started we can not stop them" both of which are for want of a better word, bullshyte.

The_Deep

Does the pub haver a Facebook or TripAdvisor page? If so, you could vent your anguish therein. Also contact 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. 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.

beamerguy

monstar40

The scammers CEL are well known by the courts for their fake claims
and many many times they discontinue before it gets to court

As half-way says, go the landlord of this pub and have a word in his shell like ear

1: 18 pubs are closing each week, will he be the next
2: As a customer, does he want to abuse this
3: DOES HE KNOW ABOUT CEL ?

HE NEEDS TO READ THIS ABOUT CEL
https://parking-prankster.blogspot.com/search?q=cel

He took these scammers on so he can get the ticket cancelled.

CEL will tell him that it cannot be cancelled because it's gone to court ??? TOTAL RUBBISH ...... it can be cancelled right up to the last minute ...... just as CEL do

CEL have added fake charges such as debt collector charges. These are fake and such action to extort money from you should be placed in front of a judge ....... Extortion merchants are not liked by the courts.

If the signs at night are not clear or even seen, then no contract can be formed and certainly not damages.

You can invite the landlord to court with you as he is jointly liable for the conduct of his agent

You can go to your local media to expose this, however, as you might explain to the landlord, it is the last resort as it will do huge damage to his pub

Make him see sense and cancel the ticket and get rid of CEL before they destroy his business forever

Half_way

If CEL do not have landowner authority to pursue a case in court then thats the end of that.
The landlord shouldn't be requesting CEL to cancel, he should be telling them to cancel.
Even if all you can get is a statement/letter of support from the landlord saying that they do not want this being dealt with in court, then that is all you need, you should then inform CEL of this and tell them they must cancel all proceedings and cease processing your personal data
If after that they continue, then put in a counterclaim for unreasonable behavior and a possible GDPR breach
CEL are known for dropping court action at the very last minute ( ie not turning up) if you, as defendant doest turn up, and CEL dont turn up, then its common to find a default judgement issued in the claimants name

KeithP

monstar40 wrote: »

...a Claim for CEL dated 21 November...

With a Claim Issue Date of 21st November (is that right?), you have until Monday 10th December 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 Thursday 27th December 2018 to file your Defence. A few extra days due to Christmas court closing dates.

That's nearly four weeks away. 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 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 not 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 the NEWBIES FAQ sticky thread to find out exactly what to do with it.

monstar40

Thank you everyone for your replies you have all been so helpful. Ive just done the AOS and are now about to do the SAR.

monstar40

Fruitcake wrote: »

Follow the step by step process from post 2 of the NEWBIES.

Do the AOS first stating that you intend to defend, but leave the defence box blank.

Send an SAR as soon as possible. There is a link in the NEWBIES to a template on the Parking Cowboys website you can use.

Send a request to the DVLA to find out who asked for personal details including VRN from just before the date of the alleged event until now.

If the driver's identity has not been revealed to the scammers, edit your post to remove information about who did what. Only ever refer to The Driver and The Keeper.

What happened when The Keeper complained to the landowner?

HI Fruitcake, please could you point me in the right direction on where on the newbie post is the Sar template link from parking cowboy. I cant seem to find it.

Coupon-mad

You'd be doing Control & F and putting in the acronym SAR.

The NEWBIES thread is a lot easier to navigate than some people see! And it is NOT any link from Parking Cowboys - it's the SAR template from Legal Beagles (that you could just as easily Google).

The_Deep

£267 is far more than the Law allows for this sort of claim. The down market solicitors whom the PPCs engage know this, but, because they are solicitors, know that a lot of people will pay up.

It is in fact double charging and non claimable debt collectors' add ons. Imo, this is fraud, or, at the very least, improper conduct.

Were this to get to court and win, the judge would be unlikely to award the claimant more than £175 - £200.

I urge you to report this grubby law firm to their regulatory body, the SRA.

https://www.sra.org.uk/solicitors/handbook/code/content.page

as I am sure they do not condone this conduct.