NHS Staff member fined on NHS premises and received a letter from County Court Business Centre

HullKel

Just a quick question regarding this please.So I wish to contact Civil Enforcement Ltd to ask them to combine the cases but firstly I am unsure of an address (email) to contact them on as there doesn’t seem to be one on their website. Secondly how exactly is it best to word this request?
I am writing to inform you that I wish PCN numbers x and y be combined. Please can I refer you to Henderson vs Henderson estoppel for this instruction?

Apologies if this is a silly question but we are clinical staff and not very savvy when it comes to legal speech.

Thanks again.

HullKel

Johnersh said:

What are the dates of the pcns? One is Feb 2020, I see.  nhs parking charges were suspended in March, which might make it more difficult for them to enforce a charge thereafter. 

The other pcn was Jan 2020 so before March unfortunately. 

Coupon-mad

HullKel said:

Just a quick question regarding this please.So I wish to contact Civil Enforcement Ltd to ask them to combine the cases but firstly I am unsure of an address (email) to contact them on as there doesn’t seem to be one on their website. Secondly how exactly is it best to word this request?
I am writing to inform you that I wish PCN numbers x and y be combined. Please can I refer you to Henderson vs Henderson estoppel for this instruction?

Apologies if this is a silly question but we are clinical staff and not very savvy when it comes to legal speech.

Thanks again.

They won't do that.  Contacting CEL is like banging your head against a brick wall.  Don't do that.  It's also far, far too polite for this horrible money-grabbing ex-clamper firm, who ruin people's credit ratings for fun.

You just put the words you need into both defences, if you have two claims.

Rely on the courts to amalgamate the claims by mentioning it at EVERY point until a Judge picks it up.  And you can simply search the forum to find how to word it because hundreds of threads already have.

HullKel

Trainerman said:

I just want to really emphasise the post from @Fruitcake at 2.29 which really hits the nail on the head. CEL are nothing like a Council ticket, and that Union rep could really do a lot of good, if (a) getting knowledge about this and then (b) collating data from your colleagues about how many have been caught by this scam, through no fault of their own.

Then taking the data to the Trust, and the press if need be. As the OP says , disgusting that people looking after the rest of us during the pandemic are being penalised like this.

For what it is worth, given the circumstances you describe, I think and hope that a Judge would see through this.

Do put up your paras 2 and 3 (or more) to add to the defence template so that help can be given with that

Hello.

Just thought we would put our paras 2&3+ on here for your expert advice. Apologies if it’s not of a high standard as this doesn’t come natural to us.

The facts as known to the Defendant:

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 (an NHS member of staff who owns a parking permit with Hull University Teaching 

Hospitals NHS trust) was trying to park in a staff only bay at Castle Hill Hospital prior to starting their 

shift. Despite driving around for over 20 minutes no ‘staff only’ spaces were available. This was a 

common problem and the trust itself acknowledges there were more permits issued than parking spaces 

available (e-mail evidence available). 

There were parking spaces available at Mill View Court (Humber NHS trust on Castle Hill hospital site). 

The signage to this car park is very poor with the paint peeled off the entry sign (photo evidence can be 

provided). The signs within the car park state it is for ‘permit holders only’ but doesn't specify permit 

holders for ‘Mill View Court staff only’ and nor do they state that a permit must be displayed (photo evidence available). The defendant themselves being a permit holder for Hull University Teaching 

Hospital NHS trust believed this to be in accordance and within the scope of their contract and 

subsequently parked. Furthermore the trust of her employment adopts the scheme that staff only parking 

bays are white and general parking for patients and visitors are blue. The parking bays in question are 

coloured white. Being late for work due to lack of parking, stressed as their shift had already started, 

seeing signs stating permit holders only and seeing white parking bays, it can be forgiven the defendant 

believed parking here was acceptable. The defendant also expresses frustration at the contract given more 

permits were issued to staff than parking bays available (an issue the trust has since addressed with the 

need to reapply for permits with stricter criteria for acceptance).

The Claimant has issued a further claim, number XXXX, against the Defendant on the same 

date, and with substantially identical particulars, for the same cause of action. The issuing of two 

separate claims, by the same Claimant and for essentially the same cause of action, is an abuse 

of the civil litigation process. The long-established case law in Henderson -v- Henderson [1843] 

67 ER 313 , establishes the principle that when a matter becomes the subject of litigation, the 

parties are required to advance their whole case. In Arnold v National Westminster Bank plc 

[1991] 3 All ER 41 the court noted that cause of action estoppel “…applies where a cause of 

action in a second action is identical to a cause of action in the first, the latter having been 

between the same parties or their privies and having involved the same subject matter.” The 

Court is invited to strike out the second claim due to cause of action estoppel - or in the 

alternative, consolidate the two claims to be determined together at one hearing - and to apply 

appropriate sanctions against the Claimants for filing two abusive and exaggerated claims.

KeithP

Sorry, but I don't know how I missed this thread before.

Your opening post seems to indicate that you received two County Court Claim Forms both with an Issue Date of 8th February 2022.

Is that right?

HullKel

KeithP said:

Sorry, but I don't know how I missed this thread before.

Your opening post seems to indicate that you received two County Court Claim Forms both with an Issue Date of 8th February 2022.

Is that right?

Yes. Both claim forms from the county court are dated 8/4/22 for violation dates 14/01/2020 and 11/02/2020

KeithP

HullKel said:

KeithP said:

Sorry, but I don't know how I missed this thread before.

Your opening post seems to indicate that you received two County Court Claim Forms both with an Issue Date of 8th February 2022.

Is that right?

Yes. Both claim forms from the county court are dated 8/4/22 for violation dates 14/01/2020 and 11/02/2020

You have just confirmed that the Issue dates on your Claim Forms is 8th February 2022 and on the same line state that both Claim Forms are dated 8th April 2022.

So which is it? Are the Issue Dates on your Claim Forms 8th February 2022 or 8th April 2022?

This is from your opening post...

The problem we now face is she has received two separate letters (on the same day dated 08/02/22) from the County Court Business Centre...

HullKel

KeithP said:

HullKel said:

KeithP said:

Sorry, but I don't know how I missed this thread before.

Your opening post seems to indicate that you received two County Court Claim Forms both with an Issue Date of 8th February 2022.

Is that right?

Yes. Both claim forms from the county court are dated 8/4/22 for violation dates 14/01/2020 and 11/02/2020

You have just confirmed that the Issue dates on your Claim Forms is 8th February 2022 and on the same line state that both Claim Forms are dated 8th April 2022.

So which is it? Are the Issue Dates on your Claim Forms 8th February 2022 or 8th April 2022?

This is from your opening post...

The problem we now face is she has received two separate letters (on the same day dated 08/02/22) from the County Court Business Centre...

Apologies think that opening post was a typo. Both were dated 8th April 2022. I shall update opening post.

KeithP

OK, thanks for clarifying that.

Can you please confirm the dates that you filed an Acknowledgment of Service for each claim?
Your two MCOL Claim Histories will have the definitive answer to that.

HullKel

KeithP said:

OK, thanks for clarifying that.

Can you please confirm the dates that you filed an Acknowledgment of Service for each claim?
Your two MCOL Claim Histories will have the definitive answer to that.

Submitted 19/4/22