CEL Court letter - AOS submitted 4 days ago

jec1990

Hi,

I received a PCN from CEL in January 2018 for staying 11minutes over a 1 hour free car park. The car park had always been a 3 free hour car park since I could remember and after visiting the car park to investigate the signage after receiving the PCN, I see new 1 hour free parking; and still the old 3 hour free parking signs. I took pictures of both signs, on my iPhone. I appealed to CEL and POPLA and wasn’t successful but I stupidly admitted to driving!!!
POPLA’s reason for not accepting the appeal was due to the photographic evidence not being dated. I still have the pictures on my phone, and what’s app messages I sent them too, I’m just wondering whether this in itself is good enough proof? I’m not sure how to date a photo taken on an iPhone.

Anyway, plenty of threatening letters later (ignored) and a court letter finally lands through my letter box. AOS was submitted, 4 days ago (a day after receiving the court letters).

Alot of the threads I have read, and defence letters have been where the driver has not been identified (i wish i had found this forum before I appealed).

Is my defence strong enough with the fact i have photographic evidence? I will also include the fact the initial fine has gone from £60 to now £273 being demanded, and their letters being extremely vague.

Any advice would be much appreciated.

Many thanks

Fruitcake

Upload the pics from your 'phone to a PC and see if the metadata is available. Metadata is the digital fingerprint attached to a digital photo and contains time and date information. Your 'phone may even have GPS/location data which will also help.

In addition, look on google streetview or similar and see if there are any images dated around the time of the incident. Normally the camera car doesn't enter car parks but there may be shots from the road where signs in the car park and/or at the entrance can be seen.

What happened when you complained to the landowner?

Have you checked with the local planning department? See if the scammers had planning permission for the scameras, and advertising consent for the signs at the time of the alleged event. Not having the latter is a criminal offence.
Also find out if there was a time limited specified in the planning approval for the car park. It wouldn't be the first time that a council have specified say three hours, then later the parking scammers have arbitrarily reduced this in contravention of the planning approval.

If the scamlicitors have added on fake charges, then ask the court to throw this case out as an abuse of process. See here where district judges have done this, and therefore made these decisions persuasive in the county court.

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

You should also complain to your MP about this unregulated scam.

Redx

The exif data is stored in the picture, look it up by googling

The BPA Cop covers the alleged overstay in clause #13 and should have been argued at popla, nothing to do with the signs

Your defence will mainly be about no landowner authority, the BPA Cop as well as the signs, plus the additional spurious charges they added (abuse of process)

Post the issue date from the top right of the claim form below

Post the charges breakdown and the total claimed too

And the POC as well, but no personal info

If you have read those threads you would have posted this information in your post above

Also email a SAR to the DPO at CEL with a copy of the claim form as proof of ID under the GDPR

Le_Kirk

The BPA Cop covers the alleged overstay in clause #13 and should have been argued at polka, nothing to do with the signs

....... where they will lead you a merry dance! I think Redx's spell check must have decided that POPLA should become polka!

Redx

Lol, predictive text at it's worst, plus it predicted exif as exit too, corrected

KeithP

What is the Issue Date on your Claim Form?

Did the Claim Form come from the County Court Business Centre in Northampton, or from somewhere else?

jec1990

Thank you for your speedy responses!!

I will look into the planning permission, thanks.
Still struggling with dating the picture, it either gives today’s date, or says no metadata. But I will keep googling ways.

Issue date is: 17 July 2019
Yes from County Court Business Centre, Northampton.
Charges are as follows:

£100 initial fine
£70 ZZPS admin fees
£36 unknown extra charges
£50 legal representatives costs
£25 court fee

I think I have answered all questions.

Thanks again!

KeithP

jec1990 wrote: »

Issue date is: 17 July 2019
Yes from County Court Business Centre, Northampton.

With a Claim Issue Date of 17th July, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 19th August 2019 to file your Defence.

That's nearly four 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.

Redx

not quite answered , no total and no POC either !!

the total is £281 above, but less in your post #1 at £273

and no Particulars Of Claim (POC)

all those spurious charges will be objected to, meaning about £100 knocked off the total due to abuse of process, possibly warrants being struck out

see the ABUSE OF PROCESS thread by beamerguy

keep trying to decode the EXIF data, its in there somewhere , what machine and OS and programs are you using to try to get it ?


https://photo.stackexchange.com/questions/69010/any-tool-that-would-retrieve-the-original-date-a-photo-was-created-on-even-after

Coupon-mad

£70 ZZPS admin fees
£36 unknown extra charges
£50 legal representatives costs

All are untruths. 'ZZPS fees' my bum. What utter scum this 'industry' is.

Search the forum for Civil enforcement defence true and copy a recent one, adding your facts. Defences are generally that simple!

Redx

jec1990 wrote: »

Still struggling with dating the picture, it either gives today’s date, or says no metadata. But I will keep googling ways.

https://www.howtogeek.com/354802/how-to-view-exif-metadata-for-photos-on-an-iphone-or-ipad/