Civil Enforcement LTD Private Car Park 4 Year Old Court Claim Letter Received.

georgeireland

Right, it isn't much but I wasn't sure how much of the defence template I should edit or what I should include. I'm very new to this, so I've edited point 3 only as of this moment.

"This car park is frequently used by villagers on specific days because NatWest has an arrangement with the Restaurant owners to set up a mobile banking branch within the car park for easy accessibility.

On the day of the alleged violation, I visited the car park (as I have done dozens of times before without issue) to access the NatWest mobile bank inside. Multiple signs specify that it is customer parking. Additionally, the restaurant was closed – there is no provable loss of business as a result of my alleged violation. This arrangement is still in effect today. It should be noted that as the said restaurant is closed, it is impossible to register the car details inside – therefore this alleged violation was impossible to avoid.

Evidence of NatWest’s involvement in this car park can be found on their official website regarding mobile banking branches and their locations: LINK TO NATWEST BRANCH LOCATOR HERE

It is worth mentioning that the ‘Restaurant’ and ‘Civil Enforcement LTD’ have ceased operation in this car park for over 3 years and we have not heard from them since."

Coupon-mad

It is easy, honestly.  The template does it for you.

We always beat CEL.

Have you emailed the PPC a SAR in the name of the Defendant, with ID, to get the PCN, all photos and letters?

georgeireland

Coupon-mad said:

It is easy, honestly.  The template does it for you.

We always beat CEL.

Have you emailed the PPC a SAR in the name of the Defendant, with ID, to get the PCN, all photos and letters?

Honestly no, my Parent is being rather unresponsive since the whole thing resurfaced. I have basically all the paperwork except the original PCN, but I remember there was a single image of their face clearly visible on the PCN exiting the car park.

georgeireland

georgeireland said:

Coupon-mad said:

It is easy, honestly.  The template does it for you.

We always beat CEL.

Have you emailed the PPC a SAR in the name of the Defendant, with ID, to get the PCN, all photos and letters?

Honestly no, my Parent is being rather unresponsive since the whole thing resurfaced. I have basically all the paperwork except the original PCN, but I remember there was a single image of their face clearly visible on the PCN exiting the car park.

To elaborate further, they're terrified of this whole ordeal. 

Coupon-mad

We know but we  (partnering with you) will kill it for them.  Probably with no hearing at all.

The defendant must email a SAR to the DPO of CEL. The Newbies thread shows a simple SAR example, just attach ID and email it off as the defendant (even if you open a new gmail account specially, in their name).

Takes ten minutes.

Then adapting our template defence takes most new posters (like you, with zero legal experience) half an hour.

georgeireland

Coupon-mad said:

We know but we  (partnering with you) will kill it for them.  Probably with no hearing at all.

The defendant must email a SAR to the DPO of CEL. The Newbies thread shows a simple SAR example, just attach ID and email it off as the defendant (even if you open a new gmail account specially, in their name).

Takes ten minutes.

Then adapting our template defence takes most new posters (like you, with zero legal experience) half an hour.

Righto, there were many tears and everyone in my family wants to give up and pay but I've sent a SAR to the email they provided. Thank you so far but I guess now I have to wait - my concern right now is that they could take too long to provide the information before this is over.

Trainerman

They really do not need to be terrified, and you can beat this for/with them and with the help of the forum

Fruitcake

A defence must be written in the third person. Paragraph 2 should read something like, "It is admitted that the defendant was the keeper and driver at the material time, but liability is denied."

Para 3 needs to set the scene and describe the type of car park, then explain why the defendant is not liable. 
Were the signs not seen because it was dark, or because of the whether, or because they were obscured by trees or other vehicles?
Had they been installed so recently that no bedding in period had been allowed to warn motorists of a change in parking terms?
Was the motorist disabled or infirmed and needed more time to read the signs? 
Was ANPR used that does not record parking time, only time on site?
Were there warnings or instructions on the restaurant door telling people what to do if they place was closed?
Did the parking signs state what to do if a motorist could not enter their VRM on a keypad inside the restaurant?
Did the parking signs state what a motorist must do if they were using other shops or businesses?

Think of all the reasons why the motorist was unable to comply with the parking terms.

Have a look at Google Street View (GSV) to see if there are any historic images that might help.

Have you told us when and where this happened yet?

Coupon-mad

You do not now wait.  The defence must go in on time regardless of the SAR, and takes half an hour.

georgeireland

Fruitcake said:

A defence must be written in the third person. Paragraph 2 should read something like, "It is admitted that the defendant was the keeper and driver at the material time, but liability is denied."

Para 3 needs to set the scene and describe the type of car park, then explain why the defendant is not liable. 
Were the signs not seen because it was dark, or because of the whether, or because they were obscured by trees or other vehicles?
Had they been installed so recently that no bedding in period had been allowed to warn motorists of a change in parking terms?
Was the motorist disabled or infirmed and needed more time to read the signs? 
Was ANPR used that does not record parking time, only time on site?
Were there warnings or instructions on the restaurant door telling people what to do if they place was closed?
Did the parking signs state what to do if a motorist could not enter their VRM on a keypad inside the restaurant?
Did the parking signs state what a motorist must do if they were using other shops or businesses?

Think of all the reasons why the motorist was unable to comply with the parking terms.

Have a look at Google Street View (GSV) to see if there are any historic images that might help.

Have you told us when and where this happened yet?

Righto I'll do this in bullet points as It'll help me think better. My mind is a mess right now.

• It is a small car park within a village with 13 spaces, at the time of the infraction the car park had plenty of spaces.
• Approaching the car park from the west makes it difficult to see signs due the angle you have to enter the car park at.
• Car park signs have no hours of operation visible, and installed within the past month with no warning.
• Not disabled, but the signs have so much text it would be difficult to read it all within 10 minutes.
• As the claim says TIME IN and TIME OUT it seems to suggest that it was not parking time they measured but time on premises. (Yes it was ANPR).
• There was definitely no warning on the restaurant door itself however the only picture I could find in my archive is one that  says 'Permit Holders only' and a blurred sign in the background that says 'Customer Parking only'. This sign is also behind a metal railing so it you would have to get out of the car to read it.
• I can't know if it does say what to do if any about visiting other shops.
• It would be impossible to input the car registration into the reception because the restaurant was closed at the time, with no visible hours of operation.
• I'm looking at Google maps now, but it was a very short time (months) this camera was active for.

If you don't mind me telling you everything without it impacting this case I'll provide the exact location, pictures etc if it helps.


Thank you all again.