CEL 3 year old Ticket and CCBC

MRL170

Hi everyone, 3 years ago I received a invoice from these guys while parking in my Dr's surgery for 20 mins picking up a prescription. At the time I appealed to Popla but got knocked back I then wrote to CEL as I had done as instructed and entered my reg on their ipad in reception however for reasons unknown their software/ hardware did not log my reg number. I tried to contact the software support desk but as I wasn't a client they would not speak to me. CEL never bothered to reply to my letter informing them of a bug/ glitch with their software/ hardware so wrongly assumed it had been dropped until yesterday when I received the Claim Form. I have acknowledged the claim and requested the additional 28 days, but having searched on here I can see I have already back in 2016 made the mistake of admitting it was me! Have I shot myself in the foot here or do you think I can over turn this case based on the above?

The_Deep

Let them take you to court, they employ incompetent solicitors, and you appear to have an excellent defence, your word against a well known scammer.

Also complain to your MP as measures are in place in Parliament to put these scammers, (very often ex-clampers), to the sword.

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. nV.

fisherjim

Why haven't you complained to the doctors' surgery about this harassment and failings of their scamming contractor?

MRL170

I did complain but they used the old its out of our hands, unfortunately for them they went from a high rated Drs surgery to one of the poorest rated in the area with over 100 complaints like mine, but still didn't do anything!

Le_Kirk

They employed the parking company so they are jointly responsible for its actions, they cannot wash their hands. Tell them you will call someone as a witness when your case comes to court and can you have that person's name and address for service of papers.

MRL170

I like that idea as I am sure they wont want to do that! Am I right is thinking I should address a letter to the surgery requesting the details of who set up the contract?

MRL170

I am a bit confused as to whether or not I should fill in the defence section on the MCOL? I was drafting up the below:

In October 2016 I received a parking fine from the claimant in
regards to an alleged parking violation, I responded immediately
with my letter dated 6th Oct 2016 and follow up letter dated 7th
November 2016 to state that I had done as the signage suggested
and entered my details on to the ipad in the doctors reception. I
also requested that they review the practice cctv footage which
will clearly show me doing so. If their hardware and software did
not register my details correctly then it is very likely that they
may have experienced a software or hardware bug or malfunction.
Since my letter stating this to Civil Enforcement I received no
further correspondence in the last 3 years so presumed they had
indeed found a software bug and no further action was required.
Since receiving the original notice I did try to speak to the
supplying companies help and support desk but as I do not have a
support contract they were not prepared to speak to me.

Also as requested in my in my letter dated 6th Oct 2016 There was
insufficient signage or any contractual The car park in question
has no clear signage to explain what the relevant parking
restrictions are. This means no contract can be formed with the
landowner and all tickets are issued illegally. If a contract does
exist, then I understand I am entitled to a copy of the contract
for review.
The charge is disproportionate and not commercially justifiable
The amount you have charged is not based upon any commercially
justifiable loss to your company or the landowner. In my case, the
£100 charge you are asking for far exceeds the cost to the
landowner of “Free parking for Patients”. I therefore feel the
charge you have asked for is contractive of the advertised.
The notice to keeper is incorrect
The Notice to Keeper failed to meet the obligations of Schedule 4
of the POFA Act 2012.

Fruitcake

The guide to court written by bargepole that you will find in post 2 of the NEWBIES tells you what to do and when. I believe you do nothing with the defence at this stage. You certainly do not put anything in, not even a full stop, when you acknowledge service.
Anything you put in at that stage IS your defence and cannot be changed later.

It is not a fine, so please do not give this scam any air of legitimacy by using the F word.

MRL170

No more F word! I promise. The letter they have sent to me is addressed to my company then my name after it which was a filing error by DVLA does that matter? The car should have just had my name on it. Or for continuity should my defence be from the "Company name my name"?

The_Deep

Many GPs surgeries have feedback pages where you can air your grievances. Some may even have Facebook pages. I suggest you complain rhere.

Fruitcake

Also complain to the Practice Manager and chair of the PPG if they have one. As mentioned earlier, point out that if this goes to court you will require someone from the Practice to attend as a witness.