Civil Enforcement Ltd claiming via County Court

Kessler

Dear All,
I've received a claim form from County Court Business Centre filed by Civil Enforcement Ltd. Unfortunately, I hadn't come across these forums so in the process of contesting the PCN I acknowledged I was the driver and that I was a guest in that hotel and parking is free for guests. CE Ltd obviously didn't accept it. A year later here I am being served by the CCBC. 
Issue date 29Oct20
Acknowledge date 1Nov20 (online, Sunday) -- on hind sight - looks like I did this too early?
Court received 2Nov20
Fortunately, having come across these threads, I've prepared my defence with a template that was posted in this forum. 
Any thoughts/advice on my defence and how to proceed further? Any help would be gratefully received. 
I had created a 'defence' on the Money Claim Online website but hadn't submitted it. After going through the threads, I have deleted it and I aim to email my defence to the CCBC and CE Ltd.
bw
Kessler

Redx

the AOS could be slightly early, KeithP will be along to tell you exact deadlines

ideally you want a landowner cancellation, or letter of authority from them about the validity of you being a guest there, no court action

POFA was an easy defence but you chucked that in the bin as an admitted driver, SORRY

was a POPLA appeal tried ? if not , why not ?

email a SAR to CEL to their DPO to obtain all your data, attaching a copy of the claim form as proof of I D under the GDPR law

KeithP

Kessler said:

I've received a claim form from County Court Business Centre filed by Civil Enforcement Ltd. 
Issue date 29Oct20
Acknowledge date 1Nov20 (online, Sunday) -- on hind sight - looks like I did this too early?
Court received 2Nov20
I had created a 'defence' on the Money Claim Online website but hadn't submitted it. After going through the threads, I have deleted it and I aim to email my defence to the CCBC and CE Ltd.

Hello and welcome.
You only lost one day by filing your Acknowledgment of Service a little early.
When it comes to filing your Defence, you do not need to send a copy to the Claimant - the CCBC will do that.

Now to the details...

With a Claim Issue Date of 29th October, and having filed an Acknowledgment of Service on 2nd November, you have until 4pm on Monday 30th November 2020 to file your Defence.

That's three 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.

Le_Kirk

Kessler said:

Fortunately, having come across these threads, I've prepared my defence with a template that was posted in this forum. 

You seem to have used the standard new defence template, which is good.  You might want to look at another defence you will find in the NEWBIE sticky concerning a hidden keypad and add to your defence.  Don't be tempted to create a long rambling story of what happened as that will be saved for the witness statement (WS), just make sure you have all the legal/technical points in your defence that you can expand upon and back up later in the WS.

Kessler

Redx said:

ideally you want a landowner cancellation, or letter of authority from them about the validity of you being a guest there, no court action

POFA was an easy defence but you chucked that in the bin as an admitted driver, SORRY

was a POPLA appeal tried ? if not , why not ?

email a SAR to CEL to their DPO to obtain all your data, attaching a copy of the claim form as proof of I D under the GDPR law

Thank you @Redx. I will email the hotel (landowner). I haven't tried the POPLA appeal. Apologies, pure ignorance on my part. I'm assuming I can still appeal whilst this court claim is going on? I will check the threads on this and get on with it. Will email CEL with a SAR as advised.

Kessler

KeithP said:
Hello and welcome.

You only lost one day by filing your Acknowledgment of Service a little early.
When it comes to filing your Defence, you do not need to send a copy to the Claimant - the CCBC will do that.
Now to the details...

With a Claim Issue Date of 29th October, and having filed an Acknowledgment of Service on 2nd November, you have until 4pm on Monday 30th November 2020 to file your Defence.

That's three 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.

Thank you @KeithP. I will check the thread and file my defence in good time! 

Kessler

Le_Kirk said:

You seem to have used the standard new defence template, which is good.  You might want to look at another defence you will find in the NEWBIE sticky concerning a hidden keypad and add to your defence.  Don't be tempted to create a long rambling story of what happened as that will be saved for the witness statement (WS), just make sure you have all the legal/technical points in your defence that you can expand upon and back up later in the WS.

Thank you @Le_Kirk
The defence concerning a hidden keypad would be very relevant in my case. 
I will work on no.3 to make my story more concise and hopefully save it for the WS.
Amazing feedback everyone! Thank you!

Redx

Kessler said:

Redx said:

ideally you want a landowner cancellation, or letter of authority from them about the validity of you being a guest there, no court action

POFA was an easy defence but you chucked that in the bin as an admitted driver, SORRY

was a POPLA appeal tried ? if not , why not ?

email a SAR to CEL to their DPO to obtain all your data, attaching a copy of the claim form as proof of I D under the GDPR law

Thank you @Redx. I will email the hotel (landowner). I haven't tried the POPLA appeal. Apologies, pure ignorance on my part. I'm assuming I can still appeal whilst this court claim is going on? I will check the threads on this and get on with it. Will email CEL with a SAR as advised.

no chance of appealing now , you had 28 days (or 33 days actually) from the date of the rejection email or rejection letter that contained the popla code, way back when

you definitely cannot put in an out of time popla appeal even if you knew that expired popla code !!

it should have been done at the time, too late now with a court case ongoing, you snooze , you lose

Kessler

Redx said:

no chance of appealing now , you had 28 days (or 33 days actually) from the date of the rejection email or rejection letter that contained the popla code, way back when

you definitely cannot put in an out of time popla appeal even if you knew that expired popla code !!

it should have been done at the time, too late now with a court case ongoing, you snooze , you lose

Uh oh - I guess I'll just have to focus on my defence for now then!

Kessler

Good evening, 
This is the defence that I intend to email to the CCBC.
The only changes I have made from my first post are:
No 2. I have acknowledged that I am the registered keeper but have neither confirmed or denied being the driver in question. 
No 3. I have made this a bit concise.
I have added No 16 to 18.1 to include the 'key pad access.' I had to deduct a few paragraphs from the original thread as the original thread is for Parking Eye. 
If there are anything that doesn't fit then please do flag it up. 
I have emailed SAR request on 10Nov20 - I have attached the Claim form as proof of my ID but have not included my signature - would this invalid my request?
Thank you for your help!

KeithP

Kessler said:

I had to deduct a few paragraphs from the original thread as the original thread is for Parking Eye. 

That might be a mistake.
If you are using this template, there is no need to remove any paragraphs.
Please tell us exactly which paragraphs you have removed.