Civil Enforcement Ltd - small claims court

D_P_Dance

No I haven’t. It was a private hotel so do you think it’s relevant? 

Yes. thst is why I asked.  Also consider writing bad stuff on TripAdviser, Trivago, booking.com, hotels.com et al.  

Woolmer67

Hi

I have changed the answers to #2 and #3. Could I get some advise as to whether this is any clearer and ready to submit?

Many thanks

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The defendant is not the only driver of the vehicle and the defendant may or may not have been the driver on the day and there is no way to check after all this time.

 

3.  The defendant is a carpenter and was working at a hotel that was being refurbished and closed for business. At the start of the contract the trades people working at the hotel were instructed to park in the car park of the hotel by their employer. When the defendant initially received a parking charge notice through the post from the parking company the defendant’s employer told them to ignore it as it would be cancelled. All the trades people working on the hotel who had parked in the car park had received them. Eventually the hotel manager put bags over the parking cameras to stop the parking charges notices being issued. The defendant has photographic evidence of this. The defendant felt harassed by the bombardment of ‘debt recovery’ letters as they thought that the ticket had been cancelled.

Woolmer67

Hi Umkomaas

No I haven't. I'm not sure what they could do about it now. Civil Enforcement Ltd were not the original company who issued the PCN which falsely gave me confidence that they would not pursue it. I just threw the letters in the bin. I have learnt from my mistake after reading up on this site

Coupon-mad

I really would not pretend not to know who was driving.  It reads like you are not being truthful because if you were working there as a carpenter, then are you seriously expecting the court to believe that a family member might have driven you there and then wandered off on foot?

Woolmer67

I'm not pretending and I don't understand why you would think that. It wouldn't be a family member there are several carpenters and we use each others vehicles to get around the different sites that we work on. You might be right though as if you aren't familiar with work sites then the judge won't be either.

Castle

Woolmer67 said:

I'm not pretending and I don't understand why you would think that. It wouldn't be a family member there are several carpenters and we use each others vehicles to get around the different sites that we work on. You might be right though as if you aren't familiar with work sites then the judge won't be either.

So you will have an insurance policy in your own name which will show that other drivers can use the Van for work.

Woolmer67

Other drivers have their own insurance where they can drive other vehicles loaned to them. It happens I'm not defending myself about that but I will take it out as it obviously if you think its unlikely so will the judge.

Redx

I would leave it in and state the above as an explanation for multiple drivers , don't leave it to speculation

It would help if you can obtain signed witness statements by other drivers to that fact for your WS bundle in several months time

Civil enforcement are bringing the claim , even if it was a subsidiary who issued the PCN , so which subsidiary was it. ?

Woolmer67

Thanks Redx. I don’t know as I didn’t keep the paperwork! I just remember I googled each company when the letters arrived 

KeithP

As suggested in the second post in the NEWBIES thread, send a Subject Access Request to the Data Protection Officer of the parking company.

That should result in you receiving copies of everything they have sent you. 
Won't help with preparing your Defence, but will be useful at Witness Statement time.