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Parking fine from Civil Enforcement Ltd - Letter from CCBC

135

Comments

  • Redx
    Redx Posts: 38,084 Forumite
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    edited 3 February 2021 at 8:13PM
    Ensure we have agreed with your proposed defence , you haven't posted the paragraphs 2 and 3 yet , for critique

    All evidence is submitted at the WS plus Exhibits plus summary costs assessment stage in several months time

    The CCBC is not a court , it's a government office staffed by civil servants , why on earth would they want any Exhibits ? It's your local court that requires them as you will see when they send you a court order in the spring or summer

    This will go easier if you follow the process and not question established practices
  • Redx said:
    Ensure we have agreed with your proposed defence , you haven't posted the paragraphs 2 and 3 yet , for critique

    All evidence is submitted at the WS plus Exhibits plus summary costs assessment stage in several months time

    The CCBC is not a court , it's a government office staffed by civil servants , why on earth would they want any Exhibits ? It's your local court that requires them as you will see when they send you a court order in the spring or summer

    This will go easier if you follow the process and not question established practices

    Ok, what does everyone think of my defence. I left it short and sweet.

    Any input welcome.


    2. I admit that I was the driver of the vehicle on the stated date and time. I was there at the request of the surgery to carry out a routine service on some equipment in the practice. This is something I do on a 6 monthly basis and have never previously had a problem. I completed the job in the surgery and returned to my vehicle. I was parked for less than 30 minutes in total.

    3. I wasn’t aware of any signage indicating parking restrictions when parking up. Upon entering the surgery I wasn’t invited or instructed to enter any of my vehicle details regarding the car park.


  • Redx
    Redx Posts: 38,084 Forumite
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    edited 3 February 2021 at 9:17PM
    A defence is written in the third person , no My , Me , Myself & I , you are The Defendant

    Please study other court case threads so you understand the processes and what is required of you , because you are acting for yourself instead of employing a lawyer. Legal cases require legal speak as you will see in other threads

    2 should be establishing Identity

    3 sets the scene , so most of 2 should be in 3
  • Amended.

    Thoughts?


    2. It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The defendant admits that he was the driver of the vehicle on the stated date and time.

    3.The defendant was there at the request of the surgery to carry out a routine service on some equipment in the practice. This is something the defendant does on a 6 monthly basis and he has never previously had a problem. The defendant completed the job in the surgery and returned to his vehicle. The defendant was parked for less than 30 minutes in total, arriving at 13.32 and departing at 14.01. The defendant wasn’t aware of any signage indicating parking restrictions when parking up. Upon entering the surgery the defendant wasn’t invited or instructed to enter any of his vehicle details regarding the car park.


  • Coupon-mad
    Coupon-mad Posts: 154,228 Forumite
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    Yes that is fine.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Have you tried googling the land to see who owns it? THat would be a start. 
    You can add to 3 that you were there at the request of the landHOLDER , assuming this was their carpark (ie this wasnt a shared carpark)
  • Have you tried googling the land to see who owns it? THat would be a start. 
    You can add to 3 that you were there at the request of the landHOLDER , assuming this was their carpark (ie this wasnt a shared carpark)
    I have tried to find the landholder, but no joy.
    I phoned the surgery but nobody seems to know. Practice manager away on holiday
    Googled various site, no info
    Gov.uk search for land and property information - no information held
    HM Land registry - unable to find property match
    Would it be ok for me to assume this is there carpark and say the landholder requested me?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Yes, because it is an assertion to the best of your knowledge. 
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 4 February 2021 at 1:02PM
    I agree , it is for the claimant to prove different , so The defendant believed ,...............

    When the practice manager returns , get a signed and dated witness statement to state that you were on official business and authorised to park

    Promissory estoppel

    Apart from that , it looks good to me
  • Just to update, I have sent the SAR to the Data protection officer at CEL with a copy of the claim form and utility bill as proof of address.
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