Civil Enforcement Court claim - my poor defence

Ghostbills

You guys are doing gods work. I've tried searching the forum but couldn't find a similar situation. I received a county court claim from civil enforcement, I opened the letter on the last day I had to acknowledge it as I had been on holiday. I submitted my own defence without doing research. I appreciate that is a rookie error. I have now received a Notice of Proposed Allocation and Directions Questionairre.

The situation is this: I work in a hospital, have a valid permit, I received 5 parking charge notices in a one week period saying I didn't have a valid permit. Tried contact CE to say I did have a valid permit: generic response. Tried getting help from hospital parking department: chocolate teapots.

My questions are:

1) How badly have I messed up by submitting my own defence and not using the templates?
2)Is there any way I can add to the defence?
3) Can I still do an SAR?

Plus any advice you can all give would be most appreciated.

Defence:
This is disappointing that Civil Enforcement have filed a claim
against me. I have tried numerous times to contact them to settle
however I am met against a brick wall.

This alleged parking contravention simply did not happen. I had a
valid parking permit at Royal Oldham Hospital, I held this permit
for 13 months and payment was taken from my wages for which I have
proof. The permit was stuck on my windscreen and is clearly
visibile - I have proof of this also. I was parked correctly and
within all terms and conditions visible.

It seems the ANPR cameras had a glitch and did not recognise me -
this happened approximately five times in a one month period. I
parked without issue all of the other times. I have tried
contacting the claimant telling them I had a valid permit however
I am met with silence - it seems their only goal is to intimidate
people in to handing over money. I have also asked the hospital
parking team to liaise with the claimant however they are equally
unhelpful.

KeithP

Point the hospital parking department towards The NHS patient, visitor and staff car parking principles.

In particular, this bit:

Contracted-out car parking

NHS organisations are responsible for the actions of private contractors who run car parks on their behalf.

The rest is worth reading too.

[Deleted User]

Ok so it's not perfect, but that sets out your case well enough - no terms were breached.

Now, in the directions questionnaire seek a hearing in your local court and seek mediation (which they won't agree).

The idea is that you show you've done everything to engage and they've just ignored you and rushed to issue proceedings.

Write to CEL (well probably the lawyers they've appointed - whomsoever is acting) and request all details of the dates/times of the contravention and a log of the entries for the relevant dates.

They cannot claim registration numbers are personal data as they are not personal to any individual in perpetuity and only the DVLA can reconcile a registration to an individual. The idea is to understand when it has you entering & leaving.

You also want all files relating to your permit, to prove they have your details on file.

ANPR is a system - a shorthand used by them to reduce labour costs. If the parking only requires you to have and display an employee permit, their failure to reconcile the system is their error not yours.

Please set out the exact wording of the alleged breaches, because the info on here is only as good as the info you provide. Anonymise your name, reg etc so pesky PPCs don't spot this.

Ghostbills

thanks guys making me feel better. I will do all you have advised.

Redx

Ghostbills wrote: »

Y

My questions are:

1) How badly have I messed up by submitting my own defence and not using the templates?

2)Is there any way I can add to the defence?

3) Can I still do an SAR?

to answer the above questions

1) see the detailed post written by member Johnnersh above

2) NO, not without paying a large sum of money, so again treat that superb post mentioned above with care and respect and digest all of it

3) DEFINITELY, so do so asap by email to the DPO at the PPC with a scan or pic of your V5C or a scan or pic of the court claim document as proof of who you are

Ghostbills

SAR sent off. The !!!!!!s.

Ghostbills

ok guys so sent the SAR off, nothing exciting. Went through arbitration which was short and non-productive as I do not feel I actually owe them any money. I've emailed the chief executive and estates managers reminding them of their duty and responsibility for the behaviour of their contractors, they said they're "looking into it".

however, in the meantime I've been sent another county court claim from the same people for the same alleged offence ie parking without a permit. This time I have filed an acknowledgment of service. Do you have any recommendations for what I can enter into my defence?

also, if someone has two claims against me --> do they not have to merge them all as one?

KeithP

What is the Issue Date on your latest Claim Form?

Coupon-mad

Do you have any recommendations for what I can enter into my defence?

also, if someone has two claims against me --> do they not have to merge them all as one?

Only if you raise it with the courts are EVERY stage, with every piece of paper you file for either claim, until a Judge picks it up and acts to consolidate the claims.

Search this forum for Two claims? abuse of process to find the words to add to your defence and also to the covering email you send to the CCBC.