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Civil Enforcement Ltd Claim Form

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
18 replies 639 views
360one360one Forumite
9 Posts
edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
Hi, I received a claim form a few days ago from the county court business centre from Civil Enforcement Ltd for allegedly overstaying in a KFC carpark by 25 minutes in a company van. My ex employer has named me as the driver. I was employed with the company at the time of the offence but have no recollection of it being in December 2017. A parking eye camera caught the van. I've already spent days on here looking through the pages but its all so confusing. Can anybody point me in the right direction to more relevant cases and what I need to do at this point. I have 6 days to respond to the Claim Form but I'm unsure whether to do so due to the conflicting information. Many Thanks
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  • edited 29 April 2019 at 11:27PM
    Coupon-madCoupon-mad Forumite
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    edited 29 April 2019 at 11:27PM
    My ex employer has named me as the driver.
    Nope, they named you as the lessee/hirer. I bet there is more than one possible driver of that vehicle and the company were not with you in the van, so they cannot possibly have named you as driver can they?

    Unless you signed the van out and were the only insured driver of it?

    You need to read the 2nd post of NEWBIES PLEASE READ THESE FAQS FIRST.

    What's the ISSUE DATE of the claim?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • QuentinQuentin Forumite
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    Everyone is asked to read up on this in the newbies faq thread near the top of the forum before starting a new thread

    Go there now to get an understanding of the game you are now caught up in

    If you have received a claim form from court then go to #2 in the FAQ for comprehensive advice on how to deal with this

    You say you only have 6 days to respond.

    See the section on submitting an AOS which will give you an extra 14 days to respond
  • 360one360one Forumite
    9 Posts
    Thanks for the replies, I have read over the newbies thread a few times but wasn't sure which part was relevant to my case. I will have another read.

    The van is a fleet van which anyone can drive although it normally stays with one driver, didn't sign them out and the company regularly asks who was driving vans for motoring offences so I'm sure their fleet management is poor.

    The issue date is 15th April
  • KeithPKeithP Forumite
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    360one wrote: »
    The issue date is 15th April
    With a Claim Issue Date of 15th April, you have until Tuesday 7th May 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 file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

    Having done the AoS, you have until 4pm on Monday 20th May 2019 to file your Defence.

    That's three weeks away. Loads of time to produce a good Defence, but don't leave it to the 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 [email protected]
    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 "defence received". If not chase the CCBC until it is.
    6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep 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.
  • 360one360one Forumite
    9 Posts
    Thankyou, I have registered and i'm just researching before compiling my defence. From experience do you think the best route to go down is the fact that its a leased company van insured for anyone to use and i'm unsure if I was the driver at the time. The company have obviously said I was.

    Also do I submit a SAR to CE? They only have a phone number and postal address.
  • KeithPKeithP Forumite
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    As mentioned in post #2 of the NEWBIES thread:
    You can find out where to send the SAR (usually by email) by looking on the Parking firm's PRIVACY webpage, telling you where to send a SAR or any 'data concerns' to their Data Protection Officer.

    CEL's DPO's email address is stated in their Privacy Policy webpage.
  • 360one360one Forumite
    9 Posts
    Hi, can anyone help me with what to put on my defence or point me to a similar case. The vehicle was a fleet van that overstayed in a free kfc carpark by 26 minutes and was photographed entering and leaving. do I simply state that I was not the driver at the time? there are many other arguments ie signage, that I wasn't 'parked' for the 60 free minutes etc but this seems irrelevant if they cannot prove I was the driver. |The company named me as the driver but there is the potential for others to be driving ie colleagues, trainees
  • 360one360one Forumite
    9 Posts
    In The County Court


    Claim No: XXXXXXX

    Between


    Civil Enforcement Ltd (Claimant)

    -and-

    XXX (Defendant)

    ____________
    DEFENCE
    ____________

    1. The Defendant is not the registered keeper of the vehicle in question. The vehicle is a complany fleet vehicle that multiple employees are allowed to drive. The Claim relates to an alleged debt in damages arising from a driver's alleged breach of contract, when parking at KFC Wynyard Services.

    2. The allegation appears to be based on a parking charge notice ('PCN') that was issued alleging the vehicle was 'parked longer than the maximum time permitted' on the material date.

    3. The Defendant submits that he was not the driver at the time of the allegation.

    4. 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.

    5. Under schedule 4, Section 4(2) of the Protection of Freedoms Act 2012 (‘POFA’), the Claimant can only establish the right to recover any unpaid parking charges from the keeper of a vehicle where specific conditions have been met. It is submitted that the Claimant has failed to fulfil the conditions through failure to serve a compliant ‘Notice to Keeper’ (‘NTK’) in accordance with Section 9(5).

    6. It is submitted that the conduct of the Claimant in pursuing this claim is wholly unreasonable and aggressive. Defendant’s As such, the Defendant is keeping note of their wasted time/costs in dealing with this matter.

    7. In addition to the original PCN penalty, of which liability is denied, the Claimant has artificially inflated the value of the Claim by adding purported added ‘legal representatives costs’ of £50, which the Defendant submits have not actually been incurred by the Claimant and questions whether there is in a fact an actual legal representative acting on behalf of the the claimant to attempt to justify these 'costs'.

    8. There is no breakdown of the amount claimed just a 'Debt + damages' statement.

    9. I am led to believe that the initial 'PCN' charge was £100 and the £88.29 was added at a later stage in the pre-action letters (not received & not part of any terms on signage and cannot be added, not least because it was never expended). Suddenly in the Particulars there is also a second add-on for purported 'legal representative costs of £50' on top of the vague £88.29 plus court fee, artificially hiking the sum to £263.29. This would be more than double recovery, being vague and disingenuous and the Defendant is alarmed by this gross abuse of process.

    10. In summary, it is the Defendant's position that the claim 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.

    11. As a British Parking Association (BPA) member and approved operator, the Claimant must comply with the mandatory BPA Code of Practice (CoP), of which Version 6 was in force at the time of the alleged contravention. The Defendant notes the following points in relation to the BPA CoP Version 6, which was considered effectively ‘regulation’ by Judges at the Supreme Court.

    11.1 The BPA CoP Section 13 requires the Claimant to allow two ‘grace periods’ – one reasonable period at the beginning of the parking period, and a minimum of 10 minutes at the end of the parking period.

    11.2 The BPA CoP Section 18.2 requires the Claimant to have a standard form of entrance sign at the entrance to the car park, which must follow some minimum general principles. The signage is positioned such that it cannot be read by drivers as they enter the car park. It is assumed that the entrance signage in place at the time of the alleged contravention would have been similar at best, and puts the Claimant to strict proof. As such, the Claimant is in breach of the BPA CoP, and it is denied that the Claimant's signage is capable of creating a legally binding contract.

    11.4 The BPA CoP Section 21.1 requires the Claimant to have signs notifying drivers that ANPR camera technology is in use at the car park, and what the captured data will be used for. As such, the Claimant is in breach of the BPA CoP.

    12. 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 (not received), in this case £100. The claim includes an additional £138.29, which appears to be an attempt at double recovery.

    13. The Claimant is put to strict proof that it has incurred legal representation costs specifically related to this claim, for which a £50 cost has been included in the claim.

    Statement of Truth:
    I believe the facts contained in this Defence are true.
  • edited 20 May 2019 at 8:30PM
    KeithPKeithP Forumite
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    edited 20 May 2019 at 8:30PM
    Three weeks ago today I posted:
    ...you have until 4pm on Monday 20th May 2019 to file your Defence.

    ...but don't leave it to the last minute.
    Three hours past that deadline you have suddenly posted:
    Hi, can anyone help me with what to put on my defence...
    You must file your Defence now, to hopefully avoid a Default County Court Judgment against you.
  • 360one360one Forumite
    9 Posts
    I compiled the defence a few days ago and have been very busy with work since. unfortunately it has been left until the last minute to submit. I didn't realise it was 4PM. Thought it was on the day of the 20th. I'm logged in ready to submit it and was just wondering if it makes sense.Thanks
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