CEL Claim Form received, Brighton Ship Street

joeythepoey

Hi Peeps,
I'm back:) Hope you're all keeping well!

Civil Enforcement Ltd is taking me to court for the driver of my (leased) car overstaying at Ship Street in Brighton on Nov 2019 by around 13 mins (need to doublecheck exact figure)
They're claiming £182+damages, and with 18.79 interest it comes to a whopping total of £200.79! 
With court and legal fees it's £275.79.

So far:

• Asked and received SAR request
• Acknowledged claim form today (it was issued on 15th of March) as per advisory pdf posted on this forum, with extra time needed so need to file by around 13th of April
• PCN by Civil Enforcement LTD, sent by post
• Filed by 'S Wilson, Head of Legal' at CEL
• driver paid for an hour's ticket, overstayed by around 13 mins...will post exact time when I've dug up the SAR I requested last year.

I think the main defence will center around poor signage and rights to administer the site, but not sure if there's any truck in the exorbitant costs?
I'll use the defence posted in the NEWBIES section.
On a previous case against CEL they didn't bother to show up to court, which will likely happen again, but of course don't want to be caught with my pants down:P

Any advice will be greatly appreciated!

Fruitcake

Have you compared the NTH with the requirements of paras 13 and 14 of the PoFA 2012? I have yet to see a parking scammer comply with the PoFA with regards to a hire/lease vehicle.

This assumes the driver's identity was never revealed at any point.

Umkomaas

You do seem to get into a bit of a tangle with parking firms.  Did you pursue OPS as you said you would in the previous thread we helped you with?

Redx

The original PCN won't be more than £100 , or lower , so check what the NTH PCN said it was , plus the signage , it is typically £100

The most the legal and court fees can be is £100 , making a total of £200

The template defence already covers the unlawful added charges

POFA is very clear on possible hirer liabilities , providing the driver has not been revealed , I doubt that CEL complied fully with POFA

I hope that you have never revealed who was driving ??

The_Slithy_Tove

Where does the additional £82 come from? Especially if they're saying "plus damages"? What damages are these?
POFA only allows them to claim the initial charge (presumably £100).
The Supreme Court has held that this charge includes cost of recovery. They won't be able to show how they have incurred an additional £82 of costs anyway (because they haven't).
I bet they are trying to claim interest on the whole £182 from day 1, where the additional £82 wouldn't have been added till some time later.

Coupon-mad

Where are CEL in Ship Street?  An odd place to park, IMHO.  Central Brighton but not somewhere I'd look to park when I visit the City.

joeythepoey

Fruitcake said:

Have you compared the NTH with the requirements of paras 13 and 14 of the PoFA 2012? I have yet to see a parking scammer comply with the PoFA with regards to a hire/lease vehicle.

This assumes the driver's identity was never revealed at any point.

I will check that, thanks!

joeythepoey

Umkomaas said:

You do seem to get into a bit of a tangle with parking firms.  Did you pursue OPS as you said you would in the previous thread we helped you with?

All I can say is that in all cases so far it's not actually been me that got into a tangle

You were all very kind and helpful; however 2020 (and the start of 21) proved to be an extremely challenging year so pursuing OPS got moved to the bottom of the priority pile unfortunately.

joeythepoey

Coupon-mad said:

Where are CEL in Ship Street?  An odd place to park, IMHO.  Central Brighton but not somewhere I'd look to park when I visit the City.

https://www.google.com/maps/@50.821736,-0.141742,3a,60y,300.15h,89.74t/data=!3m6!1e1!3m4!1sldnewqdf33XHYB4i-ZLY-A!2e0!7i13312!8i6656

It appears to be currently closed, and I can't find any pics of the signage currently, so will take drive to it this week.

Redx

Excellent entrance signage !!  😋😆😆. Not

Coupon-mad

Yep but the pic is from 2016.  I would never in a million years have expected to park in Ship Street except on street.  Car parks like that are traps.