CEL County Court Defence

Coupon-mad

I will have to edit the template defence soon, but in the meantime remove #5, #6, #7 and #8 as that is all about striking out the claim without a hearing, which won't happen.  Also your additional words look different; not sure if they are in a different font or if they just need changing to the same dark black as they look greyer.

SportHorse

Coupon-mad said:

I will have to edit the template defence soon, but in the meantime remove #5, #6, #7 and #8 as that is all about striking out the claim without a hearing, which won't happen.  Also your additional words look different; not sure if they are in a different font or if they just need changing to the same dark black as they look greyer.

Paragraphs removed
In the matter of costs, if this claim is not struck out, the Defendant seeks - should I remove 'if this claim is not struck out'?
Thank you for pointing out the font change, now corrected.
CEL have acknowledged the SAR email this morning.

KeithP

In the matter of costs, if this claim is not struck out, the Defendant seeks - should I remove 'if this claim is not struck out'?

I see nothing wrong in leaving that 'hint' in. 

Coupon-mad

Yeah I think that's OK too, as it is still possible only less likely.

Repeating this here again to drum up more responses to Government (please everyone!):

Please now make a real difference because not enough people have:

CALLING ALL NEWBIES!

Please now make a real difference because not enough people have yet, and time is running out.  An urgent task – deadline approaching in about ten days:

The Government is consulting for just a few more days, about a new statutory code of practice (CoP) and framework intended to rein in the rogue parking firms. 

Does it go far enough?  Read and comment on the draft CoP proposal and the enforcement framework consultation (two separate consultation documents).

HOW TO DO THE SUBMISSIONS:

BSI PAS 232 – COMMENTING ON THE CODE OF PRACTICE AS DRAFTED:

1.    You will need to register then log in, to comment on the CoP and enter an occupation even if you are retired or a homemaker.  

 

2.    Register, log into the BSI page, and download & read the cover letter here:

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

 

3.    Read the cover letter again and note the suggested extra questions... if you agree that, say, the 'loading/unloading and dropping off, asking for directions, and disabled people parking on double yellows as they can on street' activities listed should be exempt (not parking events, what do you think?) then please go to the Annexes at the end of the PAS Code and find the one about Exempt Vehicles and state what other activity you think should be added to the exempt list. 

 

4.    Download the PAS itself and start commenting on what you wish to say something about.  Quick links to each section appear on the left of your page. 

 

You don’t have to comment on everything, e.g. you might want to skip the definitions and focus on later sections, and certainly look at the Annex tables at the end that show things like consideration & grace periods and exemptions.

 

5.    Submit comments when you are happy with them. Don’t just ‘SAVE’ and forget!

 

THAT IS HALF THE JOB DONE!

THE MHCLG CONSULTATION IS EASIER AS IT IS JUST A LIST OF QUESTIONS. 

 

6.    You can do it first if preferred or pushed for time:

https://forms.office.com/Pages/ResponsePage.aspx?id=EGg0v32c3kOociSi7zmVqAVPfAOtwRxLhHRwQ610oElUMzhQSVo0WUQ4SERVSEZaUU9DTUhFQ1VMUy4u

If your answers exceed 4000 characters (approx. 500 words to a single question or 16000 words (approx. 2500 words) for all the questions below, you can email your answers to parking@communities.gov.uk as long as you state who you are.

 

THESE ARE THE QUESTIONS YOU WILL SEE, FOR RESPONSES TO THE FRAMEWORK:

 

Q1 Do you agree or disagree that members of APAs should be required to use a single appeals service appointed by the Secretary of State?

Strongly agree/Somewhat agree/Neither agree nor disagree/Somewhat disagree/Strongly disagree

 

Q1.1 Please explain your answer

(free text)

 

 

Q2 Please provide any other feedback on the determination of appeals, including the funding model and features that an appeal service should offer e.g. telephone or in-person hearings, the ability to submit evidence online

(free text)

 

Q3 Please provide any comments you have on the proposal to enforce the Code by combining the ATA’s existing audit procedures with additional safeguards.

(free text)

 

Q4 Please outline any alternative means by which the Code could be monitored and enforced. You may wish to cite evidence from other regulatory frameworks which are relevant.

(free text)

 

Q5 Please provide any feedback you have on the proposed governance arrangements for monitoring the new Code of Practice

(free text)

 

Q6 Which parking charge system is most appropriate for private parking?

 a) the Three-tiered system

 b) Mirroring the Local Authority system

(free text)

 

 Q6.1 Please explain your answer. You may, for example, wish to make reference to other deterrent frameworks (for example, for railway tickets or traffic violations)

(free text)

 

 

Q7 What level of discount is appropriate:

40% as is currently offered in private parking and suggested in the three-tiered system, or

50% as is offered in Local Authority parking?

a) 40%

b) 50%

 

Q7.1 Please explain your answer, including whether the discount should be set at a different level

(free text)

 

 

 Q8 How should the level of parking charges be set and how should the levels be revised in future?

(free text)

 

 

Q9 Do you agree or disagree in principle with the idea of the Appeals Charter?

Agree/Disagree

 

Q9.1 Please explain your answer

(free text)

 

 

Q10 Do you agree or not that the examples given in the Appeals Charter are fair and appropriate? Agree/Disagree

 

Q10.1 Please explain your answer.

You may wish, for example, to suggest additional cases to be covered in an Appeals Charter or query existing examples.

(free text)

 

Q11 Do you agree or disagree that the parking industry should contribute towards the cost of the regulation?

Agree/Disagree

 

Q11.1 Please explain your answer.

(free text)

 

YOU CAN INSTEAD GIVE MORE CONCISE ANSWERS ONLINE, USING THE MHCLG PAGE LINK.

Don’t forget that answering these questions is the easier bit…

Looking at the BSI PAS (the draft code of practice itself) involves logging in and submitting comments again, and again and again and takes more time!

 

SportHorse

Good morning I emailed my defence last Friday 25th September. CCBC acknowledged receipt by letter 28th September advising a copy will be served on CEL who have 28 days to respond otherwise the claim will be stayed (here's hoping). To date I haven't received a DQ. Forum advice is to contact CCBC after 1 week to request one. Given the above in their letter should I chase for the DQ and submit to the court and CEL or wait out the 28 days for a response as to how the claim is to proceed?

Le_Kirk

You could download one; this advice is there (including a link to where to download it) in the NEWBIE sticky.

Redx

As above , in these uncertain times don't expect anyone to be prompt or do their jobs in a timely manner. I am not aware of any organisation working normally at this time , are you ?

It's either wait , or download your own , fill it in and email it to the ccbcaq address , I would be emailing it and not waiting for others to do their jobs and not waiting for the postie either !!

Be proactive , not reactive

SportHorse

Thank you for your speedy replies Le_Kirk and Redx.  I'll get on with the DQ then.  Would you email to CEL as well or just CCBC.  I don't want to wave a flag at CEL as I am hoping they will miss the 28 day deadline!

Redx

I can see you haven't read the DQ advice in the newbies FAQ sticky thread

It goes to the CCBC and to the claimant as well

Not much point complaining about what others have not done that they are supposed to do when you aren't researching your own obligations or not completing all steps

The MCOL system is easily googled . It's a legal matter , nothing to do with parking , so research the legal processes

You would be better to assume that as cel have paid their CCBC MCOL fee they will take it a lot further , plus the fact that the CCBC have sent them your defence will wake them up to the next stage anyway

SportHorse

Another question regarding DQ - as previously mentioned I am pursuing this on behalf of my son who is working in Scotland.  Can I put down a county court in Scotland or does it need to be in England? Scotland have Sheriff Courts and Justice of the Peace presume they are the same thing.