Civil Enforement Limited CC Claim

DepressionMonkey

Hi all,

Attended my neice's Christening, dared to park in the church car-park. Apprently there was a computer where you had to add number plates to, managed to miss these. Now they've gone small claims.

Been using the forums for a few years, so SAR sent and court papers acknowledged. Used the defence template but as per the sticky - posting my paragraph here for checking!

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

question.

3. On the day in question the defendant attended a Christening at A CHURCH (retracted)

Church. The defendant parked the vehicle in question in the church carpark and made their way

into the Church. At no point was the defendant made aware there was any procedure to park in

the church car park & any signage only seemed to indicate that said car park was for the use of

individuals attending the church only.

Brief and to the point? Do I need to add more?

Le_Kirk

What about paragraph 2 from the standard template?

DepressionMonkey

Oh that's on there, just removed the 2. - I just added and driver on this section.

KeithP

What is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

DepressionMonkey

Hi Keith,

Claim date is 06/10/22
Acknowledgement submitted and received on 24/06/22.

Thanks,
Dan

DepressionMonkey

Sorry - 24/10/22

Coupon-mad

That defence looks fine.

You could also add that it was also not conspicuously communicated that ANPR Cameras were capturing data.  Not only did the defendant not read about nor have a fair chance to accept any 'contract' nor indeed exempt the vehicle, because those terms/signs were not prominent and thus were not seen, but without knowledge of being filmed by camera the Defendant also did not consent to data processing.  Both the British Parking Association Code of Practice and the ICO Surveillance Camera Code of Practice were breached by this Claimant due to inadequate notice of the terms, the parking charge itself and the image and data capture.

KeithP

DepressionMonkey said:

Claim date is 06/10/22
Acknowledgement submitted and received on 24/10/22.

With a Claim Issue Date of 6th October, and having filed an Acknowledgment of Service in a timely manner, you had until 4pm on Tuesday 8th November 2022 to file your Defence.

That was yesterday.

Since 4pm on Tuesday 8th November the Claimant has been free to seek a Default Judgment against you.

If they seek and get that Judgment before you have filed a Defence, then they win the race - it's game over - you lose.

Check your MCOL Claim History to see if there is a Judgment against you. 
If there is, then you can ignore the rest of this post.

On the other hand if you file a Defence before the Claimant actually seeks and gets that Default Judgment, then you win this heat and go through to the next round. I suggest you aim to file a Defence as soon as possible - ideally before 4pm today but at the latest by 8am tomorrow.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Do not try and file a Defence via the MoneyClaimOnline website. From now on the MCOL website should be treated as 'read only'.

DepressionMonkey

Thanks Keith - Defence was good to go, I just took my sweet time posting here for people to comment! Very glad I did now, have just checked and no judgement yet! Hit send on the e-mail, fingers crossed for an acknowledgement e-mail ASAP! Will keep this thread updated.

DepressionMonkey

Just thought I would check the status online & eventually can see my defence was received, then DQ was sent to me, I filed a DQ and then today "General Sanctions order was made". I can't see that the claiment filed a DQ on there, does this usually show up on my Claim status?

Could the general sanctions order be because of something I missed?

Coupon-mad

It will either be that you (or they) didn't file a DQ.

If MCOL shows yours was received, then the fault is theirs (but expect them to rectify it & it'll continue).