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parking fine gone to court

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Comments

  • Abzg2k19
    Abzg2k19 Posts: 134 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    Without prejudice

    I dont think your offer is acceptable as i proved that the vehicle was patronage of the facility and it was Civil enforcement LTD negligence that caused this PCN to spiral out of control.

    I do believe a drop hands offer will be best for both parties where both parties walk away and bear their own costs!as i have been printing and sending letters at a cost which i won't be able to claim back if i go ahead with your offer so a drop hands offer will be best for both parties.

    !BPA code of practice which is not the law and nothing to do with the motorist so i don't know why you have used that in the letter you have sent me which i will ask the judge as to why you are still trying to scare me when trying to settle the claim out of court

    !i would also like to point out that your abuse of process attempt will be challenged in front of a judge and i will claim up £95 in costs against civil enforcement ltd if it does go to court

    Will this do
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You are being reasonable and acting for yourself and the court to save timewasting by CEL

    Decision time for CEL, either discontinue or face been spanked in court
  • Le_Kirk
    Le_Kirk Posts: 25,169 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You should start it: -
    Without Prejudice Save as To Costs
    I refer to your recent letter .......
    Remove those spare !
    Try to write it with proper sentence formation, e.g.
    i proved that the vehicle was patronage of the facility
    might be better as: -
    I proved that the vehicle's occupants were patrons of the facility
  • Abzg2k19
    Abzg2k19 Posts: 134 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    Without Prejudice Save as to Costs

    I refer to your recent letter and i dont think your offer is acceptable as i proved that the vehicle occupants were patrons of the facility and it was Civil Enforcement LTD negligence that caused this PCN to spiral out of control.

    I do believe a drop hands offer will be best for both parties where both parties walk away and bear their own costs!as i have been printing and sending letters etc at a cost and also i have been wasting my time, which i won't be able to claim back if i go ahead with your offer so a drop hands offer will be best for both parties.

    I also believe CEL haven't really got a leg to stand in court as the signage in the car park is of a “forbidding” nature. It is limited to cars displaying a valid permit only and therefore the terms cannot apply to cars without a permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.

    !BPA code of practice which is not the law and nothing to do with the motorist, so i don't know why you have used that in the letter you have sent me. which i will ask the judge as to why you are still trying to scare/bully me when trying to settle the claim out of court to avoid wasting mine and the courts time.

    !Bear in mind I would also like to point out that your abuse of process attempt will be challenged in front of a judge and i will claim up to £95 in costs against civil enforcement ltd if it does go to court.

    I look forward from hearing back from you that the claim has been closed.

    Yours faithfully
    The Registered Keeper
  • Abzg2k19
    Abzg2k19 Posts: 134 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    Many thanks for the reply my mother thinks the letter is complete to send any more advice would be highly appreciated
  • Abzg2k19
    Abzg2k19 Posts: 134 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    So my mother has received a letter from the court today but don't fully understand what it is trying to saying.

    https://postimg.cc/G813KtgW

    Any help will be appreciated
    Thanks
  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    In essence, the claimant has to put in a detailed claim, if they dont the claim is stopped.
    If they do you can put in an amended defence
  • Le_Kirk
    Le_Kirk Posts: 25,169 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    It is fairly straightforward in that the claimant (CEL - presumably) has been told by the court to file PROPER particulars of claim (POC) on the court. If they do not do so by 24th January, their claim is struck out and your mother has won her case. If they do file better POC then your Mother has a chance to file a different or modified defence.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Le-Kirk - A slight correction
    It can only be an AMENDED defence. This must take the original defence, strike through deletions, and addtiions should be marked in red.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Just to add, CEL will file particulars. They are used to doing POC separately.

    Please don't think this is over. It will be but only when you win or they discontinue!
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