CEL Parking without Permit, 2018

Soppytwat

Hi again to all the brains out there and many thanks for all previous help and support in fighting CEL over a 14 minutes stay.

More advice needed please please.

The Court has Ordered that the original PoC be struck out and a new one which seems to specifically address some of the points made in my Defence vis a vis the PoF Act 2012 and details of any contract including any consideration. This seems very unfair but there we are.

CEL have responded with a new PoC which seeks to address the issues raised by the Court. 


They state the signage as follows;       "Permit Holders Only"
                                                                "Monday - Friday"
                                                                    "9am - 6pm"

                                                                "Phone and Pay"
                                                          "Saturday and Sunday"
                                                                  "9am - 6pm"
                                                                 "£1 per hour"
                         
                         "Payment must be made within 10 minutes of arriving at the premises"

"Terms and Conditions"
This land is private property. The parking terms apply 24 hours a day."
"If you do not obtain a valid permit, you must (a) pay within 10 minutes of arrival; (b) not overstay the purchased parking time;
       (c) provide your full, exact registration number when making your payment."
"If you breach any of these items you will be charged £100."
"Disabled badge holders are not exempt from these conditions."
"Additional costs/recovery charges will be incurred if payment is not received within 28 days."


They also state in the new PoC that: 

"When the Defendant parked the Vehicle in the Car Park they accepted, by their conduct, the Operator's pricing structure. The Defendant was allowed to remain in the car park in consideration for agreeing to pay £100.00 (reduced to £60.00 if paid with 14 days) to the Claimant. Consequently, a contract was formed between the Claimant and Defendant. The Defendant breached the contract, specifically, by failing to make payment for parking or register the Vehicle for an electronic parking permit."

I have until 14th November to submit a revised Defence if I so wish. 

My question is do I need to submit a revised Defence? or is the vagueness and confusion in the signage already covered. 

Many thanks in advance.

Coupon-mad

Don't know without knowing what you think this minor stuff has changed? It all sounds normal.  What are your concerns?

Soppytwat

Thanks Coupon-mad, nothing specific.

I was concerned that submission of a revised PoC was unusual and a bad sign.

Coupon-mad

They had no choice, if the court ordered it.

But if you are happy with your defence there's nothing needed.