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Stay Lifted Without Judge

Hi,

Any advice would be much appreciated;

Claim is with CEL

I'm in the system with Northampton county Court, Defence has been submitted last October. I think it’s straightforward, they are claiming I overstayed by 12 minutes, but I have a GPS tracker which shows I didn't, plus time stamped photos and receipts which show me elsewhere in an impossible time if I had left when their cameras recorded my exit.
I received a letter just before Christmas with the Questionnaire, which I though was odd, considering it was a few months past the 28 days they had to reply to my defence. I called the MCOL number and they confirmed that they received CEL’s reply over two weeks after the 28-day limit for a stay. Their staff have confirmed the questionnaire was sent out even though CEL was out of time. I’ve asked for this to be investigated as it should have been stayed but they aren’t treating it with any urgency and are insisting the process is still going ahead – despite the defence submission acknowledgement letter stating after 28 days the claim would be stayed.
They are calling me back next week. Should I ask for it to be escalated? Do I have any rights to have the process stopped? In other words – what now!? CEL failed to comply, but the admins have given them a pass to continue.

Cheers in advance!

MIVR

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Northampton County Court are not dealing with this (its not even the same postcode)

    a government office called the CCBC located in Northampton is currently dealing with it, there are no courts involved at this stage, just a government office manned by civil servants and you have a procedural error

    I suppose you could try a complaint to your local MP and to the CCBC, but it may not help, a complaint to the JUDGE if this goes forward may also be of use, once one is allocated
  • Umkomaas
    Umkomaas Posts: 44,393 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    This is a legal procedures issue, not a car parking one any more. Try Legal Beagles or Consumer Action Group forums, or maybe the CAB, who aren't much good on parking tickets, but may be better with legal procedures.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    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.

    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.
    You never know how far you can go until you go too far.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Umkomaas wrote: »
    ...or maybe the CAB, who aren't much good on parking tickets, but may be better with legal procedures.
    Seems unlikely, if this post earlier today is typical:
    I have been to the CAB but due to the fact that I hadn't appealed in time they couldn't offer me any advice so that was a dead end street and a waste of half a days holiday!!
    The poster was asking the CAB about how to go about getting a CCJ set aside.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    The poster was asking the CAB about how to go about getting a CCJ set aside

    Should have asked Alexa
    You never know how far you can go until you go too far.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The_Deep wrote: »
    Should have asked Alexa
    Some people have trouble with this newfangled stuff:
This discussion has been closed.
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