Claim Form from Civil Enforcement Limited

Redx

Driver2021 said:

KeithP said:

Driver2021 said:

Redx said:

Post the issue date from the claim form below

Email a SAR to the DPO at CEL attaching a copy of the claim form as proof of I D under the GDPR law to obtain all your data

Use the template defence by coupon mad and draft paragraphs 2 and 3 and post the draft below for critique , do not post the rest of the template , only your homework needs checking. 😋😋

Ps , read a dozen recent court claim discussions to get some ideas

Issue date us 08/09/2021. 

With a Claim Issue Date of 8th September, you have until Monday 27th September to file an Acknowledgment of Service, but there is nothing to be gained by delaying it.

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Monday 11th October 2021 to file your Defence.
That's four weeks 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Thanks - And the crux of the defence is Para 2 and 3 (above)?

No , the crux of the defence is in every paragraph of the template defence , 2 and 3 are the bespoke paragraphs of each individual defence submission , the rest apply in every case

Coupon-mad

Driver2021 said:

2.       

It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. 

3.  

The defendant first heard of this parking charge when a Parking Charge Notice was received some 11 weeks after the alleged offence. What followed was a barrage of debt recovery letters which made the defendant feel harassed.

The defendant cannot be held liable due to the Claimant not complying with the ‘keeper liability’ requirements set out in the Protection of Freedoms Act 2012, Schedule 4.

The facts are meant to include some facts, about the car park, whether you think you were driving or don’t know, what the alleged breach was and did that happen, etc.

Driver2021

Sorry, forgot all about this. 

I've added in a bit more detail. At no stage have I been asked to provide the details of the driver - Is this relevant? Do I need to add it in?

2.       

It is admitted that the Defendant was the registered keeper of the vehicle in question but does not know who was driving the vehicle at the time of the alleged offence. 

3.  

The defendant first heard of this parking charge when a Parking Charge Notice was received some 11 weeks after the alleged offence. What followed was a barrage of debt recovery letters which made the defendant feel harassed.

The allegation is that a vehicle which is registered to the defendant overstayed at a car park which belongs to a third party. Free parking is provided for 1 hour. The car park is covered by ANPR cameras. 

The defendant cannot be held liable due to the Claimant not complying with the ‘keeper liability’ requirements set out in the Protection of Freedoms Act 2012, Schedule 4.

Le_Kirk

All paragraphs should be numbered.

Driver2021

Le_Kirk said:

All paragraphs should be numbered.

Thanks - Do you think it is sufficient for me to submit?

Le_Kirk

If you were genuinely not the driver, I would move the "not liable due to failing POFA" to be your main point but I would also put in some detail about why the car did not remain in the car park for longer than permitted (if that is the case) which information you obtained from the driver when carrying out your research, having received the PCN.

Driver2021

and if I was the driver.....

Fruitcake

Driver2021 said:

and if I was the driver.....

Don't rely on PoFA as a defence point.

The PoFA only helps a keeper if they were not the driver or does not know/cannot remember the identity of the driver.

Just think what you will say if the judge asks you if you were driving, and what they will infer from your answer if you say, I'm not telling you.

You need to beef up the reasons why the driver didn't see any signage, or why there wasn't actually an overstay, or why you aren't liable (grace periods, looking for a parking space, stuck in traffic, no entrance signs, dark, rain, signs damaged or hidden etcetera).

Le_Kirk

Driver2021 said:

and if I was the driver.....

.... then you need to cover my other point as to why the vehicle outstayed its welcome!

Driver2021

2.       

It is admitted that the Defendant was the registered keeper and driver of the vehicle in question.  

3.  

The defendant first heard of this parking charge when a Parking Charge Notice was received some 11 weeks after the alleged offence. What followed was a barrage of debt recovery letters which made the defendant feel harassed.

The allegation is that a vehicle which is registered to the defendant overstayed at a car park which belongs to a third party. Free parking is provided for 1 hour. The car park is covered by ANPR cameras. 

The defendant has revisited the location of the alleged offence and notes that there are a number of signs displayed. However, due to the location of where the defendant parked the vehicle (and then proceeded on foot to enter the establishment) they are not within their immediate eye line.

The defendant purchased some food and ate it on the premises (bank statement evidences this). He then used the facilities at another establishment   (bank statement evidences this) which is within walking distance where he became unwell. The defendant remained at the second establishment until he recovered and felt well enough to once again drive his vehicle.