Defence against Civil Enforcement LTD

bagginsian

Hi folks 

Just submitted my Ackowlegment of Service and here is a first draft of my defence. 

Any input appreciated. Thanks folks. 

1. I have not received any proof up to now to show that Civil Enforcement have authority and a suitable contract with the landowner to represent their interests. 
2. ANPR guidelines are not satisfied adequately - there are no notices that state they are using ANPR and why they are using it 
3. I have proof of receipt from Bargain Booze that shows I purchased an item at 12:56 - I left the car park immediately after purchasing the item.  The claim alleges I left at 13:10.  There is sufficient inconsistency in retail store timings and ANPR supposed timings to render it unlikely that I breached the terms by overstaying. 
4. I dispute the alleged timings of my 12:07 entry and 13:10 exit due to point 3. The signs claim that customers are allowed to park for 45 mins maximum. 
5. Upon entering the car park I spend approximately 10 minutes looking and then waiting for a suitable car parking space to become available. I was not ‘parked’ during this time as per Civil Enforcements insistence. 
6. British Parking Association guidelines state there must be a reasonable amount of grace period before issuing any kind of charge: The BPA’s guidance defines the ‘grace period’ as the time allowed after permitted or paid-for parking has expired but before any kind of enforcement takes place. The AA defines this as a ten minute period. Any such grace period has not been taken into account whatsoever 
7. The original letter requested £60 if paid within 14 days or £100. The cost of £193.81 has escalated considerably and is entirely without justification.  I argue that this is a cash grab, an attempt to unreasonably increase the amount requested.  I immediately rejected their claim and they have no right to add charges as they see fit.  In addition, despite being instructed of my new address on 19th January and acknowledging this in a reply letter, the Court claim was sent to my old address. Arguably an attempt to win the claim by intentionally slowing my response time. 
8. The £100 constitutes a penalty clause: the Beavis case does not apply here as it is significantly different circumstances: Mr Beavis,  was charged by ParkingEye after over-staying the free parking period at Riverside Retail Park by nearly an hour. According to Civil Enforcement even if it were the case I had overstayed by 18 minutes this is not proportional at all and not relevant to the above case. 
9. ****Right of audience? Investigate ***** As such, if right of audience for the legal advocate is questioned at the beginning of a hearing, the judge may decide that they cannot address the court.
10. Small claims track part 27 - legal representatives cost of £50 appears on the claim form. This is not permitted.

I'm sorry if this is a mess. I'm rather daunted and truth be told I'm researching but not sure what points to include in my defence and then my witness statement. 

Redx

that is a witness statement

read recent CEL defences and the examples in the newbies thread

if in doubt , start with the defences by bargepole and adapat and expand them

KeithP

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

On what date did you file the Acknowledgment of Service?

bagginsian

KeithP said:

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

On what date did you file the Acknowledgment of Service?

31st January. I submitted the AOS today. It was lucky I visited my old property to check if there was any post, as they deliberately one might argue, sent the claim to my old address even though they had already sent correspondence to my new address...I called the court and they said I was ok and not out of any time frames.

KeithP

bagginsian said:

KeithP said:

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

On what date did you file the Acknowledgment of Service?

31st January. I submitted the AOS today. 

With a Claim Issue Date of 31st January, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 4th March 2020 to file your Defence.

That's 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:

1. Print your Defence.
   
2. Sign it and date it.
   
3. Scan the signed document back in and save it as a pdf.
   
4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5. 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'.
   
6. 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.
   
   After filing your Defence, there is more to do...
   
   
7. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire. Nothing of interest there. Just file it.
   
8. Wait for your own Directions Questionnaire from the CCBC, or download one from the internet - https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track , and then complete it as described by bargepole in his 'what happens when' post linked from post #2 of the NEWBIES thread - https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou"]
   
9. The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.
   
10. Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.

bagginsian

thank you for your advice thus far folks!

Me being me, I feel I'm going to lose this one.  For one thing, the signs in the car park do state they are using ANPR and why, so that removes one line of defence. For another thing, I did actually overstay by about 15 mins and isnt it going to be difficult to persuade a judge, that part of this time was looking for a space?  I suppose I can pursue the other lines of defence, the excessive charge amount and extra fees added. Plus, the lack of evidence that CEL have any contract to represent the landowner. But I'm feeling a bit daunted to say the least 

nosferatu1001

You being new, means you havent read enough threads t ogain confidence. 
Youre in classic newbie scared mode. You just are. It isnt an insult, its just something we see a lot. 
If you havent EVER appelad to CEL, why on earth do you tell us in your 12.08pm post exactly who drove? The newbies thread is pretty explicit about saying not to! EDIT IT NOW - no arguments - to say THE DRIVER overstayed. 
Dont feel daunted. Appreciate the task yo uare in is not easy, but is something *scuessfully* managed by hundreds on here, all exactly as new to the process as you are

bagginsian

nosferatu1001 said:

You being new, means you havent read enough threads t ogain confidence. 
Youre in classic newbie scared mode. You just are. It isnt an insult, its just something we see a lot. 
If you havent EVER appelad to CEL, why on earth do you tell us in your 12.08pm post exactly who drove? The newbies thread is pretty explicit about saying not to! EDIT IT NOW - no arguments - to say THE DRIVER overstayed. 
Dont feel daunted. Appreciate the task yo uare in is not easy, but is something *scuessfully* managed by hundreds on here, all exactly as new to the process as you are

not sure what you mean, 

I appealed to CEL and then through POPLA. I'm now at court claim. 

Originally I wasn't aware of this forum and I made it clear I was driving in my appeal to CEL and also POPLA unfortunately. 

nosferatu1001

We didnt know you had already appealed, hence why I said "If you havent...."

bagginsian

nosferatu1001 said:

We didnt know you had already appealed, hence why I said "If you havent...."

It was the way you wrote it, that wasn't clear.  Ok, so at this point is it worth editing to say 'driver'...I've already unwittingly admitted it was me. Even so, with me admitting it was me there are a number of good defences I can use anyway from what I've seen. 

Redx

Too late if you admitted you were the driver , you should have made this admission clear from the outset , so there was no ambiguity , so leave it in but clarify who you admitted it to and when

So to win the case you need to win on one of the many other technical points available , such as no landowner authority , poor signage , the BPA CoP , CRA 2015 etc