Civil Enforcement Limited - Defence

Umkomaas

Le_Kirk said:

@Redx The mockery comment came from 'Hoover/Dyson' nothing else. 

Not mockery but comedy!

Absolutely agree. I thought it a light-hearted (and very good) example of misuse of common terms, nothing whatsoever to take offence at. 

If you were suing James Dyson in your local court, but kept referring to a defective 'Hoover', you wouldn't get very far!

Redx

Le Kirk is correct , you need to check which section of POFA applies and amend accordingly

Penalty is yet another incorrect legal term that does not apply in 18 , in 19 you mention parking charge which is correct , or parking charge notice , PCN , which is 100% correct , so change penalty to parking because at no time has the claimant mentioned penalty. The time to mention penalty is where it is believed to be one and then Beavis kicks in because it was looked into in detail to show that his invoice was a parking charge notice whereas he believed it was a penalty for overstaying , dressed up as a parking charge notice , your case is not about a penalty

In your case it's either a parking charge notice for a parking contract violation , or its trespassing, so the last thing you want is an advocate or judge asking you why in legal terms you believe it's a penalty and invoking your own words against you

You get one chance to do this defence , so it has to be accurate and we should thank Le Kirk for spotting the error

Once the changes are made , it's either good to go or very close with only the bare bones to pick over

It's like being at school where your homework is constantly picked over with a red pen , corrections made until it's a piece of art

houseofcheshire

Great, thank you all.
Picking up on penalty or parking charge. The particulars refer to an overstay? 
I am going to work through documents this evening to apply the correct POFA sections. 

Redx

A parking charge notice for an overstay on a private car park or land , so similar to the Barry Beavis case if it was on a free to use private car park (not a pay and display private car park) , so if it says parking and not penalty , then use the word parking , don't over complicate matters or mislead anyone that reads it , like the claimant or the judge for example

If it was an overstay on a pay and display private car park then it could be that more time should have been bought , where applicable , bearing in mind the grace periods aspect of the BPA CoP , plus if waiting for a space and prevention of leaving also occurred , like on busy car parks for example but can be known as bilking because an incorrect period was selected and paid for

Penalty charge notices tend to be where bylaws apply , or public roads , or council car parks etc , many of which are dealt with in magistrates court within the 6 month timescale and I am not aware of any involving CEL

Yes clear up the POFA point too

houseofcheshire

UPDATE: I won the case today!
Thank you all for your help

Were_Doomed

Congrats! Another CEL one bites the dust!

Please give us a court report once you've stopped celebrating.  

Coupon-mad

Yes, please tell us which court, which Judge (if name known) and who turned up and what was said, and did you get your costs awarded?

Le_Kirk

Well done, another success today!

Redx

Great stuff , CEL lose again

Yet another win in court this week , and it's only Wednesday !! Lol

tm1987

I have just come across this post as I have received the exact same letter. Whereas in your letter it said they were giving you a final opportunity to pay because of covid. Mine just says they are giving me a final opportunity to pay.

Mine is from 2021 in Subway. I met a colleague who was running late. I arrived at 1030, colleague had messaged to say they were late. I left to nip to a shop 5 minutes down the road and came back around 10:50. Met my colleague, had a coffee, then left around 11:40. I then had a PCN because I was 10 minutes over (only allowed an hour) so they had me arriving at 10:30 and when I came back I went in the same space. And then I am still there 10 minutes after. I have complained to Subway, I have emailed them. I have just emailed the Subway MD and have also re appealed on civil enforcement and also emailed them.

I have not had any response to any of my emails to Subway. 

How did you win in court? What did you do?