Port of Wells - Civil Enforcement Limited

Cecfo

Hi @KeithP

The issue date is 27/10/2021 and I files the AoS today, 01/11/2021.

My understanding is that gives me until 29/11/2021 to file my defence (issue date + 5 days + 28 days)

I'm intending to get it done soonish though. I have a whole load of tabs open about similar cases so I should be able to pull a defence together relatively easily. Relatively

KeithP

Cecfo said:

The issue date is 27/10/2021 and I filed the AoS today, 01/11/2021.

My understanding is that gives me until 29/11/2021 to file my defence (issue date + 5 days + 28 days)

Yes, you are right with your deadline date, but hopefully there is something useful here...

With a Claim Issue Date of 27th October, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 29th November 2021 to file your Defence.

That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

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

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Coupon-mad

There was a point I made on another POW thread this year (no idea which one) that the authority of Fairlie v Fenton applies as the landowner's name is on at least one sign. so this is a case of a 'disclosed principal' and thus, a contract cannot exist with CEL. 

I also noted a second issue for CEL that their signs don't actually attempt to make an offer or create a contractual agreement to pay.

Unlike most PPC signs they do not say 'by parking or remaining here the driver agrees to pay a parking charge of £100 if any of the above terms are breached'.

That can be added as well to the template defence (don't use an old CEL defence).  Of course you can crib from one though, about no keeper liability/not relevant land' which also needs a short paragraph. 

Castle

Coupon-mad said:

There was a point I made on another POW thread this year (no idea which one) that the authority of Fairlie v Fenton applies as the landowner's name is on at least one sign. so this is a case of a 'disclosed principal' and thus, a contract cannot exist with CEL. 

Even just a VAT number on a sign/board, (if different from the PPC), would "disclose" the principal.

FrankCannon

I think this is the thread that Coupon-Mad was referring to ;

https://forums.moneysavingexpert.com/discussion/comment/78279420/#Comment_78279420

...... and here's a link to another thread with a defence point about PoFA 2012 and relevant land ;

https://forums.moneysavingexpert.com/discussion/comment/78228009/#Comment_78228009