CEL Claim Form

loui_lane

Hello,

I've not seen any thread that resembles my case:

I parked in a private car park in April last year. The machine wasn't working but I had agreed to pick up an elderly friend so I went to find him in the pub (this all took around half an hour in total) I have been receiving letters ever since (I've heard of people who've received letters about this same car park even when they've bought tickets and not overstayed). In my postnatal haze I finally sent an email to 'QDR solicitors' (who I'm guessing are just another branch of CEL) that the case had been passed on to, explaining what had happened. I then promptly received a notice before claim and finally a Claim Form at the end of last month. I'm not sure what my defence should look like... Any help would be much appreciated

Thank you

Redx

yes , see the NEWBIES FAQ sticky thread post #2 , where you will see examples defences, especially the ones by member BARGEPOLE

post the DATE OF ISSUE on that claim form, the full POC (minus personal details) and also post the full breakdown of charges and total as welll

then do the AOS online and get cracking on drafting your defence

if you havent done your AOS by now, it may be too late, so login and try

The_Deep

The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

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 Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

All five readings are available to watch on the internet, (some 7-8 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.

Coupon-mad

finally a Claim Form at the end of last month. I'm not sure what my defence should look like.

You will do, after reading the 2nd post of the NEWBIES thread.

I am worried you haven't done the AOS online! Eeek, if not, do it now and hope you are not too late.

loui_lane

Ooh sorry yes I've done the AOS online

Amount Claimed: £193.45
Court Fee: £25
Legal Rep: £50
Total: £268.45

loui_lane

Date of issue 31st January

The_Deep

Amount Claimed: £193.45
Court Fee: £25
Legal Rep: £50
Total: £268.45

This is far more than the law allows, ask for a breakdown of the £193 and a vat invoice for the legal rep.

ShakeItOff

You probably won't find a thread that matches 100% but if you search the forum for some keywords (e.g. broken machine, CEL Claim) and NEWBIES (post #2) is the best place to start looking through the process and defences.

When you are ready, post your draft defence up for comment.

loui_lane

The charge of £193.45 includes £100 original fine plus £82 in damages plus £11.45 (8% pa) interest from the date of issue to 30/01/19. I have kept the defence really brief as I'm not sure what I need to include. I've found out that people have been charged by this car park left right and centre (there are even people complaining to the local newspaper) - the main reason is that the camera on entering the car park records the time entered and exited rather than the time ticket is purchased. I also realised there is a paying by phone option which I didn't see at the time (it may not have been an option then) I have a picture of the sign but can't post it on here. The original ticket should have cost £1.50 which covers you for the entire period of 6pm - 8am. My car was recorded on camera arriving at around 21:30 and leaving at around 22:00.

IN THE COUNTY COURT

CLAIM No: xxxxx

BETWEEN:

CIVIL ENFORCEMENT LTD

-and-

xxxxxxx

________________________________________
DEFENCE
________________________________________

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts are that the vehicle, registration xxxxx, of which the Defendant is the registered keeper, was parked on the material date xxxxx at Custom House Quay Car Park.

3. The Particulars of Claim state that the Defendant was the registered keeper and/or the driver of the vehicle xxxx. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.!

4. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.

5. Further and in the alternative, it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them.

6. The terms on the Claimant's signage are also displayed in a font which is too small to be read from a passing vehicle, and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract.

7. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

8. The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £93.45, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

9. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

I believe the facts contained in this Defence are true.

Name
Signature
Date

KeithP

loui_lane wrote: »

Date of issue 31st January

With a Claim Issue Date of 31st January, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Tuesday 5th March 2019 to file your Defence.

That's less than two weeks away. Loads of time 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 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.

The_Deep

I think that you should revert wrt that extra £82 in damages, I am struggling to see how your anti-social behaviour "damaged" them to this extent. Make a song and dance about it, cost them money. .