Burger King being really helpful re Civil Enforcement Ltd County Court Claim for over stay

JustBee

Hi all. I received a County Court Claim Form from Civil Enforcement Ltd in which a claim was made against me on 21st Dec 2020 and I submitted my acknowlegment of service of on 27th Dec 2020. My defence needs to be submitted by 24th Jan 2021. Please feel free to correct me if I've got that wrong.

I overstayed by 14 mins on a free car park for 90 mins and most of it was spent in the drive thru of Burger King. I didn't calculate the amount of time that was ticking by, I was more focused on them getting my order right. As soon as the parking notice came I called back in to the store and they took my registration details and told me not to worry about it. The parking notice was issued in November 2019. Something went amiss and they clearly didn't do anything with it. I've since spoken to Burger King again by email and they responded saying they've emailed CEL to ask them to cancel the claim as it was a restaurant error and are just waiting to hear back from them. I'm very grateful to them getting involved at such a late stage and I'm glad it's in writing. Because of the timing, I still need to put my defence in as I'm not about to leave anything to chance but as my defence, this is what happened so do I mention the email but then only submit it with my witness statement? Are they still able to continue with the claim? Until I see in writing that the claim has been cancelled I'll continue with the County Court process as normal. They're trying to claim £197 with £25.00 court fee and £50.00 legal rep costs so £272 altogether! I never got the LBC and didn't know what it was until I read through the forum. Is that normal for parking companies to not send one?

beamerguy

I've since spoken to Burger King again by email and they responded saying they've emailed CEL to ask them to cancel the claim as it was a restaurant error 

The most important letter you will have

CEL are just a rabble and they will probably tell Burger King that as it's now going to court, there is nothing they can do ??   THAT WOULD BE A LIE as it can be cancelled right up to the last minute

Let us know what Burger King comes back with please but keep on top of this

Redx

It can happen , but don't focus on the LBC now , concentrate on your defence deadline , which is definitely not on Sunday !!

Adapt the 2 paragraphs in the coupon mad template , the defendant was a legitimate customer of burger king , evidence supporting the case will be provided , frustration of contract caused by the leaseholder restaurant caused unacceptable delays in processing , grace periods apply under the relevant BPA CoP   Etc

Post the 2 adapted paragraphs below , for critique

KeithP

JustBee said:

Hi all. I received a County Court Claim Form from Civil Enforcement Ltd in which a claim was made against me on 21st Dec 2020 and I submitted my acknowlegment of service of on 27th Dec 2020. My defence needs to be submitted by 24th Jan 2021. Please feel free to correct me if I've got that wrong. 

With a Claim Issue Date of 21st December, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 25th January 2021 to file your Defence.

That's just a few days 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.

JustBee

This is little short, yes?

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper and driver of the vehicle in question. 
 
3.       The defendant was a legitimate customer of burger king and evidence supporting the case will be provided. Frustration of contract caused by the leaseholder restaurant caused unacceptable delays in processing. Grace periods apply under the relevant BPA, CoP.

Coupon-mad

Nope.  More needed!

What about the fact the car wasn't parked but was using the drive-thru (the clue is in the name - that is not 'parked')?

What about the fact that a mere 14 minute difference is explained anyway by the minutes it takes to drive past the camera at the entrance and get to the Drive-thru, then there is a manatory ten minute minimum grace period after allowed parking time, in the BPA CoP?

What about stating that the D asked Burger King AT THE TIME to cancel it and they did as far as the D was aware.  The claim has not legitimate interest whatsoever and Burger King have just emailed this Claimant again to demand that this charge and claim are cancelled, as should have happened at the time.

JustBee

Have I made it worse?

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper and driver of the vehicle in question. 
 
3.       The Defendant was a legitimate customer of Burger King and evidence supporting the case will be provided. Frustration of contract caused by the leaseholder restaurant caused unacceptable delays in processing. Grace periods apply under the relevant BPA, CoP. Driving past the camera at the entrance to get to the drive-thru eats into the maximum stay period if the restaurant is busy and the car is not parked when using the drive-thru facility. The ANPR does not distinguish whether the car is parked even with a minimum grace period of ten minutes after allowed parking time. The Defendant asked Burger King at the time to cancel the parking notice and they did as far as the Defendant was aware. The claim has no legitimate interest whatsoever and Burger King have just emailed this Claimant again to demand that this charge and claim are cancelled as should have happened at the time.

Coupon-mad

Looks like it now says what it needs to say at this stage!  Much more relevant.

JustBee

Thank you kindly. I'll keep you informed. You're all so amazing, what you do on here!

nosferatu1001

Just in case CEL refuse to cancel the claim - the principal cannot directly force CEL to cancel it - make sure you keep reading the newbies thread. You have potentially more work
What youre looking for is a notice of discontinuance from the claimant. Until you get that, the claim is live, and you must continue with the process. If you dont do so, the Claimant can apply for a default judgement against you. At that point you have to pay to get it set aside.

Umkomaas

If you dont do so, the Claimant can apply for a default judgement against you.

A CEL speciality!