ADVICE NEEDED - Can I fight this PCN from Civil Enforcement Ltd!?

KeithP

Sandy9090 said:

1505grandad said:

What is the issue date on the claim form?

The date on the claim form is 4th March 2020. I have just completed the AoS this morning so believe I have until Monday 6th April to submit my defence.

You are right with your Defence filing deadline.

With a Claim Issue Date of 4th March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 6th April 2020 to file your Defence.

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

To file a Defence, follow the guidance in this post:

https://forums.moneysavingexpert.com/discussion/comment/76880595#Comment_76880595

Guidance on creating a Defence is also in that thread - in the first post on that thread.

Don't miss the deadline for filing a Defence.

Sandy9090

Guidance on creating a Defence is also in that thread - in the first post on that thread.

Thanks for your reply. I have read the post you have mentioned and that's what I've used to draft my defence, which I pasted in my last post.

Any comments on my drafted defence? Thank you!

Sandy9090

1505grandad said:

CIVIL ENFORMCEMENT LIMITED (Claimant)  -  spelling error needs amending

Great, thanks for picking this up. I'll amend this spelling error.

1505grandad said:

Para 2  -  " However, this Claimant is claiming a global sum of £180.92."  -   no doubt the experts will comment that the global amount is £170?. 

The "amount claimed" by CEL on the claim form is £180.92. It has previously been £170 in all of the debt-collector letters and previous correspondence, but seems to have now increased. This is excluding the court fee and legal rep costs, which take the total to £255.92.

The term 'global sum' is included in the defence template (in red) so I have updated this number to £180.92 - is this right? Thank you.

MistyZ

Sandy9090 said:

I don't think the car park belongs to the temple but they do offer free parking to those visiting the temple. How do I find out details of the landowner to complain to them?

That ship may have sailed ... however landowner complaints are so easy and it's hard to second guess the level of cooperation so an assertive and confident complaint is always worth trying.

Those in charge of the temple should be able to tell you who owns the land.  Alternatively try googling the car park, looking out for any sign of a land management company.  For a few quid you can get the landowner's details from land registry.  And, one last option, the local council should be able to tell you who pays the non-domestic rates for that land, i.e. the landowner.  

Coupon-mad

Defence looks fine but the global sum is £170 (do not include the interest/pence).

And there is very little in the facts part you added at #16 - nothing I see there yet tells the Judge what sort of car park this is and what the allegation was:

 Not paying?  Overstaying?  How long?  What sort of car park and was the driver a customer of the shop or whatever?  Health Centre?  where?  

Facts needed.

Sandy9090

And there is very little in the facts part you added at #16 - nothing I see there yet tells the Judge what sort of car park this is and what the allegation was:

Not paying?  Overstaying?  How long?  What sort of car park and was the driver a customer of the shop or whatever?  Health Centre?  where?  

Facts needed.

Thank you for reviewing and your comments. The facts are that the car park is land in the middle of a residential area and next to a local temple. The driver was not a customer of a shop or visiting the temple, but was parking in order to attend a meeting nearby with no affiliation to this carpark. The allegation is for not paying a fee between 09.29 and 10.25 on 15th May 2019.

I have added this information to the draft defence under point 16 - do you think this reads better?

16.     The allegation took place on 15th May 2019 at a carpark with address 3 Cottenham Street, Newcastle upon Tyne, NE4 5QU. The carpark is located in the middle of a residential area, adjacent to a local temple. The allegation against the Defendant is for non-payment of a parking fee between 09.29 and 10.25 on the above date. The Claimant is now claiming that payment is required for a Parking Charge Notice in accordance with with parking terms and conditions clearly stated on the signage. It is not accepted that the location included prominent and clear signage giving ‘adequate notice’ of the onerous parking charge. A compliant Notice to Keeper (‘NTK’) was not properly served in strict accordance with section 8 or 9 (as the case may be) of the POFA.

Thank you!

D_P_Dance

Have you thought about asking the court for  postponement sine die.  I am sure that you have far more important/worrying matters to deal with at present.  Read Fruitcakes post here

https://forums.moneysavingexpert.com/discussion/6117539/pcn-help#latest

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.

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.

 

Sandy9090

D_P_Dance said:

Have you thought about asking the court for  postponement sine die.  I am sure that you have far more important/worrying matters to deal with at present.  Read Fruitcakes post here

https://forums.moneysavingexpert.com/discussion/6117539/pcn-help#latest

Thanks for the reply - would that be asking the County Court Business Centre for the postponement?

As with everyone, there are more pressing matters going on at the moment but I am still keen to get rid of this one since it has been hanging over me for nearly a year now.

Redx

The CCBC is closed , so it will be many months before you reach any conclusion , could even be another year !!

Ensure you have emailed the defence to the CCBC before your deadline , plus email your DQ after that once you have downloaded it , then await developments in a few months time

You have another week or so to email the defence

Sandy9090

Redx said:

The CCBC is closed , so it will be many months before you reach any conclusion , could even be another year !!

Ensure you have emailed the defence to the CCBC before your deadline , plus email your DQ after that once you have downloaded it , then await developments in a few months time

Many thanks for the reply Redx, I'll submit my defence as planned and await further developments. Just to confirm, (I have read this on a post somewhere) will the DQ be sent to me after I have submitted my defence, or am I able to download it now?