Second CE Coutry Claim - Other Still in Progress

Khanology

Hi,
Would appreciate some advice please:
I'm already defending one case with CE, have a phone hearing scheduled. During this time, CE have claimed for a seperated alged contravention. All I have at this point is the CCBC letter and I've done an AoS (unfortunately potentially a week late as I didn't pick up the letter in time) - and am now putting a defence together, which I could do with some help on please/pointers to paragraphs/similar defences.
I have received nothing other than the CCBC letter at this point, but because of the timings/28 days coming up, I'd rather not wait before submitting a defence?

A claim was issued against you on 27/08/2020

Your acknowledgment of service was submitted on 25/09/2020

From looking into the details:
1. This is a vehicle registered to me.
2. The aleged contravention location is a car park next to a large shop - the time of the contravention is when the shop was closed (i.e. the driver would not have been using space for a patron as the offer of contract is non-applicable if the terms aren't present?).
3. The car park seems to operate a pay, then get your money back when you shop policy. 
4. The claim is for ~£188!! + court fees and legal costs.
5. Are they even allowed to claim this all seperately?

I would like to put a simple defence in, from reviewing how the last one was handled, nothing overly complicated if possible (my last defence had like 25 points!!)

Any and all advice appreciated - thanks.

Le_Kirk

Just use the standard defence; one of the first five announcements on first page of forum called Suggested Template Defence.
@KeithP will be along shortly to give you a deadline for submitting your defence.

Umkomaas

A claim was issued against you on 27/08/2020

Your acknowledgment of service was submitted on 25/09/2020

I'm surprised that CEL haven't piled in for a judgment in default (their speciality) as by my reckoning -subject to @KeithP's checking - you're around 10 days beyond the deadline for submitting your Defence. I suggest you get it off today .... and hope for the best, as this will be difficult to unravel without complication and expense. 

Coupon-mad

You just need to crack on today with it as that is horrifically late to have acknowledged it.

If this is about the same car park and similar facts, your defence also needs to add in the Henderson v Henderson words (search).

KeithP

Khanology said:

A claim was issued against you on 27/08/2020

Your acknowledgment of service was submitted on 25/09/2020

As @Umkomaas says, you are late in filing a Defence.

With a Claim Issue Date of 27th August, you had until Tuesday 15th September to either file an Acknowledgment of Service or file a Defence.
You missed that target.

If you had filed an AoS in a timely manner, you would have had until 4pm on Tuesday 29th September 2020 to file your Defence.

I guess it is possible that the Claimant hasn't noticed your errors.
Please show us your full MCOL Claim History.

As @Coupon-mad says "You just need to crack on today with it...".

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Nothing will happen over the weekend now. Use the weekend wisely - to create and file a Defence.

Khanology

Hi @KeithP - I'm emailed in the defence - have used the Suggested template defence thread one.

Specific claim history for this one is as per the first post:
Claim History
A claim was issued against you on 27/08/2020

Your acknowledgment of service was submitted on 25/09/2020 at 16:03:21

nosferatu1001

My understanding is that once you missed the date, it was a race. You won that race by filing the defence. 

D_P_Dance

Have you complained to your MP?

Coupon-mad

Khanology said:

Hi @KeithP - I'm emailed in the defence - have used the Suggested template defence thread one.

Good, now please do this before the window closes, so this never happens to anyone you know, or at least to say what you think the level of charge should be.  £50?

 

CHANNEL YOUR ANGER ABOUT THIS PATHETIC CHARGE TO CHANGE THE WAY THE PARKING INDUSTRY WORK:

CALLING ALL NEWBIES! 

 

An urgent task – deadline approaching in a week or so:

Please now make a real difference because not enough people have yet, and time is running out. 

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!

There is a discussion about PAS submissions and what the pages look like, here:

https://forums.moneysavingexpert.com/discussion/6195417/am-i-doing-something-wrong/p1

Le_Kirk

When you have completed the consultations, both for PAS 232 and the Code Enforcement Framework, please let us know.

It does take a bit of time for the PAS 232 although you can comment and save and then go back and review/submit later.  The Code Enforcement Framework Consultation is a bit quicker.

To date there have been ONLY 538 (as of Sunday 4th October) comments on the PAS (it is not possible to collect statistics for the Code Enforcement Framework Consultation as far as I know).  I have made over 20 comments and I know other regulars have made comments and some posters have stated they will but if we take an average of 10 comments per person, that is approximately 53 people.  If motorists are to have their say, more of you need to do this.

As we always remind you when advising you on parking appeals and small claims court hearings - do NOT miss this deadline!