County Court Business Centre Claim & Civil Enforcement.

Le_Kirk

silvial said:

1505grandad said:

Just checking  -  does this relate to an incident dated November 2020?

If so you should be using/quoting from BPA CoP V8 dated January 2020.

Yes, that’s right - November 2020. Why?

So that you refer to the correct version of the CoP.

silvial

Of course. Thank you.

silvial

Please let me know what you think? 

2.  It is admitted that the Defendant was the registered keeper of the vehicle in question and was the courier driver at the time when PCN was issued but liability is denied. 

3. The signage of the car park was inadequate, not visible and poorly lit. Entering the car park inthe dark no terms were seen by the defendant. The alleged breach between the Defendant and Civil Enforcement Ltd with regards to payment not made with terms displayed on signage, the Defendant believed that the car park was free. Assuming that the car park was free, the Defendant parked to rest there between delivering goods to customers. As the signage was not visible and being poorly lit, the Defendant was not aware that payment was needed inaccordance with terms displayed on signage which was not seen at all and inadequate.

4.  Entering the car park the signage was not clear, visible and legible. According to BPA’s code of Practice (19.2): Entrance signs must follow some minimum general principles and be in a standard format. The size of the sign must take into account the expected speed of vehicles approaching the car park, and it is recommended that you follow Department for Transport guidance on this.

It continues: (19.3): Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand.

Furthermore with regards to hours of darkness BPA’s states: Signs should be readable and understandable at all times, including during the hours of darkness or at dusk if and when parking enforcement activity takes place at those times. This can be achieved in a variety of ways such as by direct lighting or by using the lighting for the parking area. If the sign itself is not directly or indirectly lit, we suggest that it should be made of a retro-reflective material similar to that used on public roads and described in theTraffic Signs Manual. Dark-coloured areas do not need to be reflective.

Coupon-mad

I'd finish that final quote where it says 'at those times'.

Apart from that, this stage is ready to sign and date and email to the CCBC.  Copy in CEL using their legal@ email as given on every CEL Claim thread.

silvial

Coupon-mad said:

I'd finish that final quote where it says 'at those times'.

Apart from that, this stage is ready to sign and date and email to the CCBC.  Copy in CEL using their legal@ email as given on every CEL Claim thread.

Thank you. I appreciate your advice. 

silvial

I know I have to email the defence to CCBC. On MCOL should I do something? It says start defence? Should I complete the form or anything? 

Redx

silvial said:

I know I have to email the defence to CCBC. On MCOL should I do something? It says start defence? Should I complete the form or anything? 

Do nothing on MCOL

Do nothing with the papers either , no posting anything

Treat it as read only , where you only check your claim history , nothing else , start doing things off piste and you will regret it , sometimes you don't do something just because you can

MCOL is not designed for parking charge claims

KeithP

silvial said:

I know I have to email the defence to CCBC. On MCOL should I do something? It says start defence? Should I complete the form or anything? 

We used to get this question quite a lot.

I had hoped that, by adding the following words to my guidance, that question wouldn't be asked again.

Please re-read my post on your thread just ten days ago - on 16 September at 1:56PM.
It includes these words...

KeithP said:

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

That is a relatively recent addition. Please suggest how that message can be improved.

silvial

KeithP said:

We used to get this question quite a lot.

I had hoped that, by adding the following words to my guidance, that question wouldn't be asked again.

Please re-read my post on your thread just ten days ago - on 16 September at 1:56PM.
It includes these words...

Yes, that's true, sorry about this again. I'm so stressed doing this for the first time, and I just don't want make any mistake etc. Thank you KeithP.

silvial

Apart from that, this stage is ready to sign and date and email to the CCBC.  Copy in CEL using their legal@ email as given on every CEL Claim thread.

Hi, what do you mean by legal@ to CEL, is the one staring with dataprotectionofficer@ce-service.co.uk? Because I can’t any that start with legal@?