Claim Form Civil Enforcement LTD Wells Quay Carpark

3asabird

Dear Money Saving Expert...I would love some advice!  My husband has received a Claim Form from County Court Business center issued by Civil enforcement LTD claimant.  It was for a PCN from wells quay carpark 29/08/2019. £182 plus interest, court fee and legal costs: £275! We did receive previous correspondence but ignored (and burnt!..maybe a bit hasty!) all letters (advice picked up on previous searches and due to the ridiculous nature of the charge.) I was in fact the driver, my son was asleep in the back and I didn't leave the car.  Previous times I had used this car park it was pay and display but no camera system and I wasn't aware this had changed.  

I have read the newbies post and looked at similar threads and realise the claim form is legit and needs responding to...I have done the AOS and this has given me until the 2nd Jan to file a defense.
From what I have read I am unsure if I need to do a SAR (it seems unlikely i would get anything back in time?) and also about what my defense case should say about the details of the incident/ who was driving?  Should I claim to have brought a ticket or just deny all knowledge of the incident?  It sounds like we should be protected by the bye laws if we refuse to acknowledge who the driver is?  When I looked at the defense template it seemed to contradict other advice i read on here about never acknowledging the driver?
I would be very grateful to know if our case is worth pursuing and if so what our next steps are?  Many thanks

KeithP

Hello and welcome.

What is the Issue Date on your husband's County Court Claim Form?

Upon what date did he file an Acknowledgment of Service?
His MCOL Claim History will have the definitive answer to that.

Umkomaas

You need to remove all and every reference that identifies the driver, especially as CEL don't meet PoFA requirements and doubly so as the harbour is under Statutory Control (byelaws per se are not enacted there) and therefore 'not relevant land' for the purpose of PoFA - so potentially no keeper liability on two counts, BUT, the driver could be liable. 

KeithP

You must send a Subject Access Request to the Claimant to at least recover copies of the letters you have burnt.

Let's be clear... if you husband is the named Defendant, then everything must be done in his name. You of course can help, but he must sign letters etc. So it is your husband that must send the SAR to CEL.

Coupon-mad

son was asleep in the back and driver didn't leave the car. 

Sorry, but what possessed the driver NOT to pay and display?  Surely the driver doesn't think, if they are in the car you are not parked?  No need to answer that but I really struggle to understand some cases here, and why people do what they do.  Drivers sleepwalk into getting a PCN in what is obviously going to be an ANPR camera car park these days, and then compound that error by ignoring it, when it would have been easy to beat and POPLA and now have to rely on CEL's incompetence to win it at court.

 I mean you will probably see CEL discontinue this claim when they see a decent defence and witness statement based upon our advice - and even if you lose you can argue to remove the fake added £82 extortion - but unless the car was only there for 3 or 4 minutes then left, this sort of parking is why PPCs infest car parks.

It is so frustrating to know that drivers think this is OK and that ''I'll get a ticket if I see a warden''. No.  Car parks are ANPR these days.  

3asabird

KeithP said:

Hello and welcome.

What is the Issue Date on your husband's County Court Claim Form?

Upon what date did he file an Acknowledgment of Service?
His MCOL Claim History will have the definitive answer to that.

Thank you Keith the claim form issue date is 30th Nov 2020
AOS 9TH Dec

D_P_Dance

How many of these do we see.  Has the  PPC won a claim in court?  MUI that the land is subject to bye-laws.  

KeithP

3asabird said:

KeithP said:

Hello and welcome.

What is the Issue Date on your husband's County Court Claim Form?

Upon what date did he file an Acknowledgment of Service?
His MCOL Claim History will have the definitive answer to that.

Thank you Keith the claim form issue date is 30th Nov 2020
AOS 9TH Dec

With a Claim Issue Date of 30th November, and having filed an Acknowledgment of Service in a timely manner, the named Defendant has until 4pm on Monday 4th January 2021 to file their Defence.

That's over two 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.