PCN advise before submitting claim

12b3

Posting my case here after reading the newbie thread , I have tried to do my best so far after reading the helpful suggestions here and would like further advise 

Details of the issue are as below: 

Parking Frim : Civil Enforcement ltd

Location on which PCN was issued: 

Rear of 1-14 the parade ,FIRMLEY High Street ,FIRMLEY Camberley, GU167HY

They issued a PCN to me as a registered keeper way back in may 2019

Incident date: May 2019

PCN letter date: May 2019 ( 5 days after incident) 

Incident details

They provided pics of the vehicle of entry and exit only and the time remained in was a total of 37 minutes. I (the registered keeper) was not driving the vehicle and was not even present in the car during this journey , one of the passengers was pregnant and feeling unwell during a long a road trip ( they were coming back to London from Cornwall) and they stopped at the above location without even realising it was a paid car park , their concern was for the unwell passenger they went out of the car and went to a nearby shop to get some water , the unwell passenger wanted to get out of the cart and they took her with them and walked a little bit until she felt better and they resumed the journey.

I appealed to the firm with the above details through their website on september 2019 but didn't get a reply from them, 

After the usual round of several debt collector letters on Jan 2020 they sent me a letter before claim letter but I was unable to look into the matter due to recently taking on sole caring responsibilities for an eldery relative who has just been diagnosed with dementia.

I got a claim form letter dated on april 2021 from the County court following the guide I acknowledged it using the online service and am about to submit an appeal using the template in the site and the above details added in .

My question is :

1.Has anyone else done a successful defence on this location .

2. GIven the fact that I wasn't even there at the location can I be held liable to this inflated almost £300 fine now 

ANy help or insight from the learnet members that I can add or remove to the appeal would be really helpful.

KeithP

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

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


You are way past the point of being able to appeal.
You need to be considering a Defence.


Also, you need to take care with your spelling.
The car was parked in Frimley, not Firmley.
That may sound like a pedantic point, but if anyone is searching this forum, as I suggest you do, they may not find many posts for Firmley.

Search the forum to see if there are other threads about this place.

Half_way

Did the original parking charge notice form the parking company comply with the protection of freedoms act?

As you were not in the vehicle at the time , this is of importance - do not attempt to name the driver or even find out who it was if their parking charge notice is non compliant that is for them to discover - as far as you are concerned it could be anyone

Secondly

was this the place: https://www.google.com/maps/@51.3136596,-0.7433984,3a,15.2y,46.97h,89.3t/data=!3m6!1e1!3m4!1sE3sNzBwL1wDwN6kH8J33PA!2e0!7i16384!8i8192

did you/have you complained to the landowner??

Redx

1) probably , but we don't get every case on here and the location doesn't ring any bells with me , but there are dozens of courts in England and Wales so each case is bespoke and judges can vary too , so you won't find exact matches

2) they possibly can if they complied with POFA , but have probably added unlawful charges , so £200 is a closer figure in reality

It's much to late to appeal , so forget about appealing , you are defending , with a DEFENCE !

Post the issue date from the CCBC claim form below , plus add the AOS online date too , check the claim history on MCOL

Make sure you have emailed a SAR to the DPO at CEL ASAP

Fruitcake

Is it Firmley, or is it perhaps Frimley?

12b3

@Half_way

Haven't complained to the landloard , I am at the stage of mountain a defence against this unjust charge detailing all the circiumstances , 

I filed the acknowdgment with 11 days of the date of the claim letter , 

Yes @Half_way that seems to be the location 

Now that you have mentioned it I have looked at the original it does NOT comply with the  protection of freedoms act i.e. it doesn't have the required wording in the letter.  Please advise what would be the best defence in this scenario. 

Can I get the charges thrown out on the basis of the fact that the inital letter didn't comply with the  protection of freedoms act. If I menton that in the defence letter will that be the end of it ? 

Many thanks 

Fruitcake

Half_way said:

Did the original parking charge notice form the parking company comply with the protection of freedoms act?

As you were not in the vehicle at the time , this is of importance - do not attempt to name the driver or even find out who it was if their parking charge notice is non compliant that is for them to discover - as far as you are concerned it could be anyone

Secondly

was this the place: https://www.google.com/maps/@51.3136596,-0.7433984,3a,15.2y,46.97h,89.3t/data=!3m6!1e1!3m4!1sE3sNzBwL1wDwN6kH8J33PA!2e0!7i16384!8i8192

did you/have you complained to the landowner??

Currently Napier Parking, previously Starpark, a trading name of CEL.

Umkomaas

Just stick 'Frimley' in the forum search engine. Loads of results, sift through them, take your pick. 

Redx

No , it won't be thrown out at this defence stage and POFA is not mandatory , it never has been

The claimant will proceed on the basis that the keeper and driver are the same entity

Read my reply earlier and post the issue date from the CCBC claim form below

Just assume that the claim will go all the way , to a court and judge

Plan A is a landowner complaint , even with a live court claim , so the sooner the better , everyone should always complain about a pcn

Fruitcake

State you were the keeper but not the driver, and deny liability in your modification to para 2 of the template.

State that the keeper cannot be held liable in your para 3 because the scammers did not comply with the strict requirements of the PoFA. Quote what the PoFA says and then quote what the NTK said.

KeithP

12b3 said:

I filed the acknowdgment with 11 days of the date of the claim letter , 

Are those the answers to my questions, @12b3?