CEL Defence

Sunnysidedown

Hi,

I am very much a newbie to this. Apologies as I know this is likely to be similar to other people's cases. 

Any advice is appreciated, or a nudge in the right direction.

Recently I had the unexpected pleasure of finding a CCJ on my credit file for a PCN.
A bit of background.
A PCN was issued in September 2020 for parking at my local GP where I attended an appointment. I did not receive due to moving house , and the DVLA had not updated my address (I sent a paper form in as I couldn't locate my v5c form to complete it online).
It was July 2021 I found out about the PCN when CEL issued an NTK for another alleged infringement (this was successfully appealed, their error) I contacted CEL by emailing them and explained the circumstances and that I was permitted to park there. The response was basically tough bananas we don't have a record of your registration and it's been too long. They said they had acted reasonably in trying to notify me, I argued the same back, I had updated my address with the DVLA and even returned to my previous address to collect any mail that had slipped through, and followed the instruction by the GP receptionist (this occurred during Covid lockdown).
There were a few emails back and forth, basically them telling me to pay. The signage at the surgery says report to the reception desk for a permit, so a touch screen tablet.
During this exchange of emails I moved house and in the spirit of cooperation provided an updated address saying I had updated my address with the DVLA. They replied to that email and sent the letter to my old address. 
CAB advised me to send a formal letter of appeal, for which I did not receive a reply and subsequently in May 2022 I found a CCJ on my credit file.
I went to court this week and successfully had the CCJ set aside on the basis that I had not received the papers.

My issue is the judge has given me 7 days to write a defence and submit to the court and CEL. The judge spoke a lot about the balance of probabilities and I need to provide evidence that supports my claim that I did the right thing. The judge was happy with my timing of replying to the CCJ. The judge mentioned that CEL had provided enough evidence in supplying the ANPR photo and I obviously had an appointment. So it would come down to who is most believable, giving me the 7 days to supply a defence.

I do not know how to do this as my argument is I followed the directions of the GP staff, and to be honest I don't know if it was the appointment where one of the staff entered my details as the receptionist wouldn't let us touch anything in the building or I had entered the details myself. The GP did ring CEL to ask them to remove the PCN and was told that it wasn't possible as it was with their legal team. The GP surgery sent a note to say that I had an appointment, however they added that the patient may have not known to enter their details. Obviously they are not going to say they may be at fault. The court was sent this letter in error and the judge did see it.
My problem has become how do I convince the court I did the right thing and the PCN should never have been issued?

Thank you in advance for an suggestions 

Trainerman

If I have this right, this was during Covid restrictions, and you say you were not allowed to touch anything. Therefore, you could not input your own number and whatever happened was beyond your control.

I would also look at signage, the argument being (probably) that there it was insufficient/badly placed/obscured and you could not be expected to know about the Ts and Cs and/or that being unable to enter details made it impossible or that the practice had the responsibility which they failed on.

Something along those lines perhaps.

Le_Kirk

Go to the first page of the forum and locate the Template defence where you will find: -

IN THE COUNTY COURT
Claim No.:  xxxxxx
Between
Full name of parking firm Ltd, not the solicitor!
(Claimant) 
- and -  
Defendant’s name from N1 claim (can’t be changed to driver now)                        
 (Defendant)
_________________
DEFENCE

Scroll down and you will find Paragraph #1 is already complete for you leaving you to edit paragraphs 2# & 3# where you refute what it said in the POC on your claim form (assuming you've seen it) and adding any other info you think relevant resisting the temptation to write war and peace (that will follow in the witness statement stage) keeping it to the point that @Trainerman wrote above.  Remember it is for the claimant to prove their case.  Post your paragraphs 2 & 3 here for critique and assistance (but do not add the whole of the defence at this stage).  When we have offered the points to edit, add the rest of the template defence and send it by e-mail to the court indicated by the judge.

Coupon-mad

Use the Template Defence and adapt it.

But also attach a skeleton argument that the claim should be struck out due to want of service within 4 months. Attaching the same 4 case law transcripts as @Jack5656 in his skelly.

This claim is dead. You should be arguing that too.  The court has no jurisdiction to hear a dead claim.

Sunnysidedown

So this is what I have entered so far.

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

3. The Defendant attended an appointment at The Grove Surgery on September 29th, 2020. At the appointment the Defendant was required to follow specific Covid-19 restrictions inside the surgery. The Defendant followed the instructions of the reception staff which included providing details of the Defendant’s vehicle registration, as patients were instructed to touch nothing and were accompanied to a specific seat in the waiting room. As the Defendant was unable to input their own registration it was beyond the Defendant’s control. 

I have read through the dead claim information and have one question about when does the 4 months start using the dead claim defence?  Is it at from when the PCN is issued or when court papers are first issued?

Thanks

Coupon-mad

It's from the date of the court claim. You must be 4 months past the claim (that you never received) by now?  Or was it dated May?

You really need to read Jack5656's thread because you should not have to be defending a dead claim.  The court had no jurisdiction to resurrect it without it being properly served.

Also read the thread by @Brokenchief who has just kindly posted their skeleton argument and all five exhibits to support the argument, including 4 court transcripts and the BPA Code of Practice that says that AOS firms MUST check details before filing claims.

Sunnysidedown

Thanks  Coupon-mad.

I have had confirmation of the set aside paperwork being done today.

Thanks to all the comments and threads (@Jack5656 and @Brokenchief). I have written up a dead claim defence and was planning on emailing through today.

However I have come across an unexpected issue. I phoned the court too find out what date CEL started the court process and the date I have been given is 12 days prior to the hearing. Ie the original court date was 19th May, but all the paperwork has 7th May as the start of claim date.

Is there anyway this would be possible? I would assume the court hadn't played by the rules if this is the case. I am having the case reviewed at the moment, as this does not seem possible. The presiding court was changed from Northampton to closer to my home, but that happened in June.

 If it is the case can I get the whole thing thrown out on that basis?

Coupon-mad

You are right that this can't have been a case of the claim being filed just 12 days before judgment was entered.  Had the claim come to the right address, you'd have had nineteen days to respond (14 plus 5 for service).

You need to get the CCBC to email you that in writing so you can add it as evidence.

But don't call it a 'court date'. There was no court date.  No hearing until your recent one.  If was an automatic judgment by default.  Can't have been 19th May after a 7th May claim and if those dates are right, it was improper of CEL to seek default judgment early.

Sunnysidedown

So I have rung Northampton to double check the information my local County court gave me.

And the claim hit 4 months the week before the hearing for the set aside, so August 11th.

Breathing a sigh of relief as my defence is that it is a dead claim.

Coupon-mad

Your defence needs to be more than that.

Sunnysidedown

Apologies Coupon-mad.  I was over excited to finish writing up the defence.  I have used the template provided in the newbies forum to develop my argument and I have woven elements of the dead claim, use of KADOE and other elements on other threads (eg @Jack5656 and @Brokenchief as suggested) to support my defence.  

I am defintiely NOT relying on the dead claim for defense, it is a part of my overall defence statement.