Civil Enforcement - County Claim

Kazaa

Hello guys,

I received a parking fine for parking at my own gym last year, can you believe it? Anyway ive asked the gym to cancel this but they cannot cancel it and only provide proof of membership that im a member of the gym and am authorised to park there.

Ive contacted civil enforcement on many occasions however they refused to accept this and simply been ignoring me! I think this is totally unreasonable and now they have decided to send me a CCJ!

I have filled in the acknowledgement of service and question is on my defence which to me is simple as defendant is member of gym and is authorised to park there.

is this enough?

NeilCr

Who owns the car park where you have authorised parking from the gym?

How do you prove this authorisation? Do you have to display a permit for example?

What exactly happened with the ticket? What were you "accused" of?

CE can't send you a CCJ. What letter have to you received and what does it, actually say?

The_Deep

Nine times out of ten these tickets are scams and will fail in court so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Coupon-mad

Why didn't you come here earlier and win on first appeal, when CEL used to cancel, or why didn't you utilise the POPLA appeal stage (or did you)?

received a parking fine for parking at my own gym last year, can you believe it?

Yes, happens all the time.

But this is not a fine.

Search this forum for CEL gym and learn that the Gym CAN CANCEL IT. They are wrong. Read other threads exactly the same.

Come back here at court claim defence stage if you can't persuade the Gym Manager.

Redx

I believe that the OP has an N1 form and has done the AOS

What is the ISSUE DATE on the top right of that claim form ?


ps:- to the OP, the claimant has issued a court claim, not a CCJ, it is a judge that issues a CCJ if you lose the case , so at this stage it is NOT a CCJ because no judge has seen it


so the CC part is correct but there is no J yet

Coupon-mad

Well spotted, Redx. I didn't see that as they didn't mention a claim form.

Do answer this, OP: what is the ISSUE DATE on the top right of that claim form ?

You need to read other permit gym keypad defence threads.

Kazaa

Hello,

The issue date is 14 May 2019 its a county claim form not CCJ, you're right. I have filed the acknowledgment of service to give me extension.

So normally you enter the registration in the keypad and then it registers, clearly that day it didn't register. On top of that the gym said the land has been sold to the private car park and they deal with it.

Thanks coupon I will read some permit gym keypad defence threads, and see what I can come up with. But honestly this company CEL is taking the mick after I provided them proof I'm a member of the gym!

NeilCr

Did they say who the car park had been sold to? Is the car park solely for gym members?

If you can find out who owns the car park you can contact them to see if they will cancel it.

Umkomaas

Check with the local council as to which organisation pays the non domestic rates on the car park. That will tell you the name of the landowner. You can check too whether there has been a recent change of ownership notified.

One thing is absolutely certain, it won’t have been purchased by CEL!

Have you considered that this ‘sale’ message is but a fob-off line? If you find that it is, I would be seriously questioning an organisation that is happy to deceive its own customers!

NeilCr

Umkomaas wrote: »

Have you considered that this ‘sale’ message is but a fob-off line? !

That crossed my mind too!. Although, in my experience, it's quite unusual for gyms to own their car parks.

KeithP

Kazaa wrote: »

The issue date is 14 May 2019 its a county claim form not CCJ, you're right. I have filed the acknowledgment of service to give me extension.

With a Claim Issue Date of 14th May, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 17th June 2019 to file your Defence.

That's just about a month away. Loads of time to produce a perfect 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 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 "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.