Civil Enforcement Ltd Claim

Maximus21

Hi there, having read through all of the various information on the sticky thread regarding Claims but, it would be really helpful to know if there are any more recent Defence Letters. we've noticed some of the letters date back to 2014 and since the claim form from CEL was received on 24 December (and Acknowledged Service on the same date), time is running out for getting a defence in so want to make sure the defence is as up to date as it can be. We are just worried about using a template which may be out of date. If someone can point in the right direction for an up to date defence letter we would be very grateful.

Also in the particulars of claim which was received today CEL are quoting Vine v Waltham Forest London Borough Council and stating that the driver accepted the terms and conditions by their conduct but having looked at the details of this case, it refers to someone having been wheel clamped which did not happen so does this apply?

We are thoroughly confused by all the different defences there are. the driver basically overstayed in a car park by about 9 minutes as was taking daughter to a hospital appointment which got delayed so the Driver couldn't get out in time. Now CEL want £268! We ignored because everyone says to ignore these PCNs because they basically invoices. It seems to me that they chose to serve this over the Christmas period expecting not to get a response so that they could request judgement in their favour after the 14 days period!

Any help would be appreciated though.

Thank you.

Le_Kirk

Reading the NEWBIE sticky post # 2 will give you links to 17 pre-written defence examples. One or more of those will surely fit (nearly) your circumstances. For most up-to-date defence use the forum search function. Use Search this Forum, Advanced Search with various keyword(s) such as overstay, hospital, CEL defence. Change the Radio Button from threads to posts.

Maximus21

Thank you for your reply.

Fruitcake

The NEWBIES is about as up to date as it can be.

I believe the only recent changes of legislation are those to do with data protection, which is often of use to the defendant.

The CRA 2015 is of great use as well.

Post your draft defence here for checking to get the best advice.

Have you sent a SAR to the PPC yet, with proof of ID.

What happened when you complained to the landowner/PALS/Hospital management?

Remind them of this, and the fact that the former Secretary of State for Health, Jeremy Hunt, stated that parking for patients should be free at hospitals.

https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles

Have you complained to your MP yet about this unregulated scam.

You should also complain to the PM about this as he recently promised to do something about it.

If you are defending as lessee/hirer or as keeper, you need to remove the damning information about the identity of the driver in your posts above!

Maximus21

I don't mean to sound thick but was is the SAR and PPC. I haven't complained to anyone as yet since I simply ignored the PCN believing that it was unenforceable.

Maximus21

PS I have removed info about identity of driver

Le_Kirk

Maximus21 wrote: »

I don't mean to sound thick but was is the SAR and PPC. I haven't complained to anyone as yet since I simply ignored the PCN believing that it was unenforceable.

If you have read the NEWBIE sticky you must have missed post # 5 where all the common acronyms are explained, however: -
SAR = Subject Access Request
PPC = Private Parking Company (the %^&$%'s that are chasing you)

Maximus21

Thank you. I'll check that out now then :0)

Redx

post the ISSUE DATE from the claim form

this should have had a complaint made to PALS if it was a trust, at the time , to get it cancelled by the trust (PALS)

once you have emailed your SAR to the DPO at CEL , then draft your defence and post it below , for critique and advice

no legislation has changed apart from the DPA morphed into the GDPR in 2017 and the old consumer protections became the CRA in 2015


if you havent scrolled down to post #5 of that newbies thread then you wont help yourself in not knowing the basics


also, download and read the relevant BPA CoP that was in force when the PCN NTK was issued , so you understand clause #13 , grace periods, WHICH COVER THE ALLEGED OVERSTAY of only 9 minutes

this should have been appealed at the time, then taken to POPLA, not awaiting a court case, but the first complaint was to PALS at the time

in future, ask for advice , dont ignore

Maximus21

The issue date on the claim form is 20 December 2019 and received on 24th Dec. Acknowledge service made on that date.

The vehicle wasn't parked in the hospital car park since it was full but parked in another car park outside of the hospital.

The defendant is confused about when to get the defence in. Is it 14 days from acknowledgement or does the defendant get an additional 14 days on top of the 14 days from issue

Le_Kirk

Now you have posted the issue date, KeithP will be along to tell you the deadlines and some other useful information.