CEL - do I have a defence?

misiabela

Hello,

I've been reading about CEL and court claims recently as I just got a Court Claim from them, but cannot find a defence that would be relevant in my case. I apologize if I missed something and would be grateful for links to relevant articles if there are any.

I entered a private land next to the hospital and some time later got a letter with PCN. It is not clear to me, why the ticket was issued, there is a photo of my vehicle entering the carpark, that's all. It is a "staff" car park at the hospital. I work as an interpreter at various locations. I have parked there before when I had an assignment at the hospital without problems, never got a letter so I don't know if something had changed and it is no longer a staff car park, or maybe the cameras had been off before? I was also told by a staff member that as an Interpreter I am allowed to park there (the main car park is small and very busy, so it is often not possible to park there). I appealed, sending them my assignment form as a proof that I was at work but it was rejected. I ignored further letters until I git the Court Claim letter.

Could anyone help me with what to include in my defence, please? I will be grateful!

P.S. Unfortunately I have no details of the member of staff who advised me to park there, it was just a random person at the reception, I didn't take their details as I did not expect any problems.

Redx

Post the issue date from the claim form below

Email a SAR to the DPO at CEL attaching a copy of the claim form to obtain all your data

Have you done the AOS yet ?

Read the CEC16 thread and basher52 thread to see what may need to be written

Read recent cel defences in other threads

Read the concise defence by bargepole too

Coupon-mad

You can certainly adapt the defence in basher52's thread to suit your case.

misiabela

I have read that SAR can take a month before they send it and sometimes even longer? Is there a point to ask them now?

misiabela

Do you mean Acknowledgement of Service? I have done it today.

KeithP

What is the Issue Date on your County Court Claim Form?

The_Deep

You have a very good case imo, have you read this?

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

Have they fully complied?

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

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

misiabela

It is 20 December 2019

misiabela

I have checked both threads (CEC16 and basher52) but I cannot find anything relevant, no defence letter. Maybe I'm looking at the wrong place? I typed in username in the search box in advanced search. I'm new to all this so forgive me

Coupon-mad

misiabela wrote: »

I have checked both threads (CEC16 and basher52) but I cannot find anything relevant, no defence letter. Maybe I'm looking at the wrong place? I typed in username in the search box in advanced search. I'm new to all this so forgive me

You read basher52's only thread, and CEC16's only thread and could not find anything useful at all?

Read their threads, not search results. THREADS BY THEM.

KeithP

misiabela wrote: »

It is 20 December 2019

With a Claim Issue Date of 20th December, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 22nd January 2020 to file your Defence.

That's over two weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence could 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. No need to do anything on MCOL, but do check it 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 trying to keep you under pressure. Just file it.
   
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.