Court Claim from CEL - Wells-Next-The-Sea Harbour

Smiggy

Hello all...

So I recently received a Court Claim Form on 14th May from CEL.

on 27th May I applied for AOS through MCOL, and emailed CEL for a SAR.

Foolishly I threw the PCN in the bin many months ago as I thought these were invoices, and as such unenforceable! I vaguely remember the PCN letter showing the car on ANPR entering and leaving the car park which I'm sure was Wells Harbour (Old Lifeboat House on claim letter), and as alleged incident was July 2018 I cannot remember purchasing a ticket or not! Hopefully the SAR will provide all info I need to generate my defence.

Also I've not updated V5 for address of RK; its still showing as my mums address where the court form was sent. Assume I need to send of V5 asap to update address.

Thanks in advance for all info/help provided by this site.

KeithP

Smiggy wrote: »

So I recently received a Court Claim Form on 14th May from CEL.

on 27th May I applied for AOS through MCOL...

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 almost three weeks away. Loads of time to produce a perfect Defence, but please 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.

The_Deep

There have been two threads about this car park in the last couple of months. Do a search for them.

If you have not told them who was driving they have little chance of success as the land is covered by bye laws and they cannot rely on POFA.

Nine times out of ten these tickets are scams 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.

Smiggy

I've never contacted CEL, I threw the PCN in the bin! Now I'm a little unsure how to structure my defence as the details on the Court Claim are vague (only show time in/out of car park), and I don't have the PCN for review until CEL respond to SAR.

In terms of Defence, do I just look through other similar threads and copy/build my own, or is there a guideline template?

Thank you

Quentin

Spend some time learning how to deal with this by studying the newbies faq thread near the top of the forum

#2 there covers Court claims right through from the claim to the hearing with advice on how to deal with each stage, and defence examples to crib from

The_Deep

If they do not know who was driving and the land is covered by bye laws then they cannot go after the keeper. under POFA.

If they are claiming that the keeper is the driver then research Elliot v Loake. Everything you need to beat this is here, you just have to look for it. Hers is one

https://forums.moneysavingexpert.com/discussion/5529418/parking-eye-pcn

I know of two more this year.

Smiggy

Hi, I've spent time looking through various threads on here ref. wells harbour PCN's and as far as I understand its covered under bye laws.

Does my defence only need to reference the bye law, and as the driver is unknown to CEL, as per below reference POFA as not applicable?

I go on holiday on Fri 7/6 for a week abroad, so need to get my defence sent off before I go, otherwise I only have a few days to log when I get back. Also is there any drafts on bye law defence?

Thanks to StafsSW

"I've confirmed with Port of Wells that the car park is covered under bye-laws, so POFA isn't applicable, and also CEL are unable to pursue the keeper"

Coupon-mad

Does my defence only need to reference the bye law, and as the driver is unknown to CEL, as per below reference POFA as not applicable?

No, definitely NOT!

If the Judge isn't with you on that argument you have no safety nets! And CEL often still discontinue well defended cases that are too difficult for them, so don't make it a single point defence.

If you search the forum for keywords byelaw defence true you will find some drafts.

Smiggy

Thank you Coupon-mad, I've had a look at a bye law defence thru the search facility.

Today I received the SAR pack from CEL (remember I threw all paperwork in the bin, but seems like I never received half of it); there is no NTK, its just a £100 PCN showing APNR photo in/out, then a PCN reminder, then CEL letter increasing to £140, then ZZPS debt collection letter £170, then ZZPS letter reminder for £170, then CEL letter £182 - 30 days before court, citing PE v Beavis.

I did ask in SAR for parking meter registration data to see if VRN, and nothing has been provided. Would they be keeping this as their ace card? I'm sure I paid but cannot remember, and I've read it only £1p/h after 6pm, so how would ANPR know if I'd paid or not...probably irrelevant anyhow.

KeithP

Smiggy wrote: »

...there is no NTK, its just a £100 PCN showing APNR photo in/out...,

That is exactly what a Notice to Keeper is - a Parking Charge Notice addressed to the keeper.

Smiggy

KeithP wrote: »

That is exactly what a Notice to Keeper is - a Parking Charge Notice addressed to the keeper.

OK thanks, I thought NTK requested I named the driver.