Claim Form from Civil Enforcement Limited

Fruitcake

It is not an offence. Alleged event would be a more appropriate term to use.

ANPR records time on site from entry to exit, not time parked.
There was a frustration of contract due to the defendant being taken ill.

How long was the alleged overstay? Can you quantify the actual time parked and the extra time needed to recover after becoming ill to explain why you overstayed?

Driver2021

Overstay was nearly 30 minutes - which was my recovery time. 

1505grandad

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

Add  "but liability is denied"  on the end.

KeithP

What's happened to the last four words in paragraph 2 of the Defence template?
Why have you removed them?

Driver2021

Hopefully, the final version. 



2. 
It is admitted that the Defendant was the registered keeper and driver 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 event. What followed was a barrage of debt recovery letters which made the defendant feel harassed.

4.

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. 

5.

The defendant has revisited the location of the alleged event 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.

6.

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. 

D_P_Dance

Have to read this, see MC 1?

https://www.cheshireeast.gov.uk/car_parks_and_parking/parking-regulations-enforcement/pcn-mitigating-circumstances.aspx

Driver2021

D_P_Dance said:

Have to read this, see MC 1?

https://www.cheshireeast.gov.uk/car_parks_and_parking/parking-regulations-enforcement/pcn-mitigating-circumstances.aspx

I thought PCN's issued by Police/LA's were more enforceable than private parking firms. Also, I didn't become ill while driving. I became ill after eating which impacted my ability to drive. 

D_P_Dance

They are. I posted it in order for you to be aware of how "proper" PCNs are handdled by LAs  and perhaps to add it to your defence.

Driver2021

D_P_Dance said:

They are. I posted it in order for you to be aware of how "proper" PCNs are handdled by LAs  and perhaps to add it to your defence.

Great. Thanks.

Driver2021

Any final comments before I submit?