Can I mount a defence against a PCN Claim if I stayed longer than the ticket I bought?

Huyyt

Hi all, 

I received a PCN from Civil Enforcement Ltd and have so far followed the NEWBIES thread to keep on track of what I can do against the PCN. All documentation so far from CE Ltd has only detailed that I was in breach of parking terms and conditions and I thought that was them wrongly accusing me of not having a ticket when in fact I did purchase a ticket for 3 hours on the day I parked in their car park. 

After sending a SARS and seeing the time stamped photos of my car entering and leaving the car park and the log of ticket purchases for the date I parked in the car park - the evidence shows that I overstayed by 47 minutes!!!

The charge is now up to £170 and I know the next step is to try and defend against the claim but my question is...should I bother? The evidence is clear now I have completed a SARS request but wasnt clear in all PCN documentation sent to me up to this point? Can I argue that they havent been forthcoming or transparent enough with their documentation/evidence for the charge? 

I just need to know if I should call it a day at this already late stage and pay the charge instead of trying to defend a claim that will lose? 

I havent been able to find any similar case studies for this scenario so if anyone knows of any out there that would be amazing. 

Thanks in advance 

confused...

Coupon-mad

SARS is a tropical disease so don't call your SAR reply that!  Just pointing that out now, so you don't talk about tropical diseases in your defence or to a Judge at a hearing later.

There's no point paying, because £70 of this is a false enhancement. Extortion. May as well defend because almost no Judge allows the unconscionable false +£70 fake 'fee' (except DDJ Dack at Portsmouth).

You could offer to pay the lower rate £60 and see what they say, if you feel your case might be weak.  But not three figures!

Is there no landowner/retailer you can seek out to complain to? The landowner can always cancel it.

Why were you 47 minutes over? Took ages to download a dodgy app? Had a disabled person with you?

Huyyt

@Coupon-mad Thanks so much for the quick reply and for the advice. 

If the latest letters I have received are from their solicitors who should I engage with to offer paying the £60? CE Ltd shut down an attempt to appeal/raise concerns when I contacted them after the appeal period? 

I tried the landlord complaint route to no avail unfortunately. They were very unhelpful. 

We were at a christening party for a family member and stayed back to help with tidying away buffet, get presents in the car and keep an eye on kids. Seems daft but its the truth of it. Should have just went back and stuck another quid in the machine! 

If I get nowhere with the £60 offer then ill seek to defend on the raising of the fees and hope the judge rules in favour to charging me a lower rate then? 

PS - thanks for the pointer on SAR 😅

Coupon-mad

CEL don't use solicitors.

They have their own (IMHO and in our experience) terrible legal department run by a guy who was responsible for the failed 'legal & compliance' at Wonga!

Are you just getting scary letters from DCBL?  Don't reply to debt crawlers.

Huyyt

@Coupon-mad yes from DCB Legal saying we act for CEL and to pay within 30 days of the letter or complete the financial statement and reply form. Ive done neither and this letter was what prompted me to do the SAR. I havent done anything else since getting back the SAR reply and seeing the evidence I mentioned above...

Thanks again for your advice and quick replies - feeling lost in the process a bit here! 

Coupon-mad

Never seen DCBLegal file a claim for CEL.  Highly unlikely but as it seems to be a LBC, you should respond.

Huyyt

So I responded by saying I was submitting a SAR is that not sufficient do you think.

Im unsure of what I should do next in terms of response? Apologies to lean on you so much for the next steps and advice - is the next response to say that I intend to defend my case? 

Thanks 

Huyyt

@Coupon-mad - Just tagging you as forgot to in my last question. Thanks

KeithP

Huyyt said:

So I responded by saying I was submitting a SAR is that not sufficient do you think.

Im unsure of what I should do next in terms of response? Apologies to lean on you so much for the next steps and advice - is the next response to say that I intend to defend my case? 

Thanks 

If you really have received a Letter Before Claim or a Letter of Claim then you need to be reading the second post on the NEWBIES thread where you will find your answers.