CE - SERVICES PCN county court letter what can I do? Follow the advice on here as i did & we won!

Coupon-mad

Nothing about that draft Defence looks anything like the new defence I wrote and set out on a new thread last week for people to download and change the red bits...that one you used is so old I think you need to start again.

Search this forum for download change red bits and you will find people who have used it, and the original thread by me, if the forum search actually works...which it doesn't.

bushymusic

ok Coupon-mad, I've just downloaded and will undate. Does it matter that the CC sum was £170 and not £160? 
I can drop all my own changes into point 16 on the new one:

16.     Rebuttal of Claim

a. The parking was free to all customers of the hotel restaurant when using their restaurant, receipt attached to defence. (Appendix C).

b. The Defendants made all reasonable efforts in following instruction given by the hotel staff, the hotel was informed that the defendants had arrived by car & was parking in their car park.

c. The Restaurant concierge took the registration number & confirmed that they would take care of parking by entering it on their system.

d. The hotel did not inform the Defendant that there was any problem. No PCN was issued or Notice to keep so that the Defendant could communicate with the hotel within a suitable time scale within the proceeding 9 months prior to the first of two county court claim letters.

e. The failure of the of the hotel to communicate with Creative car parking/Civil Enforcement LTD is not the responsibility of the Defendants. It is not reasonable in these circumstances for the driver to assume any more obligations for making the payment.
In Jolley v Carmel Ltd [2000] 2 –EGLR -154, it was held that a party who makes reasonable endeavours to comply with contractual terms, should not be penalised for breach when unable to fully comply with the terms.

f. The Defendant denies that they would have agreed to pay the original demand of £12 as customers are repeatedly informed by the hotel that parking is free to costumer using their resturant. The Defendant has logged 3 phone calls with the hotel during February 2020 in which they had confirmed that parking is free to customer. 

g. The signage on this site was inadequate to form a contract with the motorist in the event that the hotel does not follow their own instructions after offering free parking & then failing to process this with their own PPL.

bushymusic

Both defence PDF's emailed to CCBC with covering letter asking for consolidation sent. 
Thanks for this Coupon-mad & all of you that are helping. 
I'll await the Directions Questionaire & send that off too when it arrives.
when this is over I will post all pdf defence letters and correspondence together for others to see.

Can I ask separately, how these companies lie so openly?
I finally received the SAR info from them, they include 7 letters:
april 2019
june 2019
july, 2019
july, 2019
aug, 2019
aug, 2019
dec, 2019
They eligidly sent these last year & yet not one was received?????
Do they do this all the time?

Coupon-mad

Yes, they do.  I've even seen legal reps and parking firm Directors, lie through their teeth in court.

bushymusic

I received confirmation for the AOS defence letters, the first is fine but on the second CC  
rejected it has defendant v defendant.
So I'm looking at the actual second Claim form and the claimant is the same as the defendant?
have they made a mistake?


Is this something very fishy?

Coupon-mad

Ooh, show us a scan of that!

Coupon-mad

Hahaha, I've seen the 2nd claim form...
They've put the CLAIMANT and DEFENDANT as bushymusic at this poster's home address!

So does MCOL show that Claim as rejected and you can no longer acknowledge it, as it's void?

bushymusic

the court has now sent 2 letters dated the same day titled "Invalid Claim (claimant v claimant)".
this is from the MCOL:

nosferatu1001

YOU MUST CONTACT THE CCBC
You have to point out that the Claim is INVALID, so you expect it to be struck out. They have listed the defendant as the claimant. You have NOT been allowed to enter a defence, and you will NOT accept a default judgement against you. 

Coupon-mad

You need to also email CEL and demand they discontinue both claims immediately due to their error and if they allow the claims to stand, setting you as the claimant and you as the defendant, and you suffer any further distress, costs or detriment as a result of their actions, you will refer their legal team barrister (ex-Wonga-man) who signed the claim forms, to the Solicitors Regulation Authority.


Scraping a new low, by Wonga-man and his team.  What's his name again (the guy responsible for 'the legals' at Wonga) who signs the claim forms for CEL now?