Civil Enforcement. Inadequate Signs. Court Order Defence Help

Margatron

Any help gratefully received as I am new to this and the photographic evidence submitted by the parking firm to POPLA was incorrect/false. I believe it to be accurate when prior to our stay in the car park, however, the signage was removed and I obtained have evidence to prove this.. I have read the NEWBIES section, so thank you for that.
In a nutshell, I parked within an ANPR car park at a church car park for 16 minutes in 2020 to view the architecture and grounds with my partner. I received an invoice through the post claiming I had entered a contractual agreement, to which I had no knowledge of. This then led to a subsequent POPLA appeal, which due to COVID was postponed (by POPLA), for 14 months. Upon submitting my evidence of lack of signage, I unfortunately I lost the case, due to my photographs not being dated. They also claimed that I perhaps took photos that obscured where their signs were. (Which is completely untrue as there were no signs to obscure). I have since obtained photographic evidence and written confirmation from the Council, showing the original car park signage had been removed, by the council due to being 'unsightly' after a petition raised by the local Preservation/Conservation Society.
I now have a court Summons and trying to gather a defence. Here is what I have so far:
Any guidance with what to include will be hugely helpful.
The argument is vehemently that we did not enter into a contract with the company. The only visible sign we could see was a hand painted wooden A-frame board stating 'NO PARKING, Patrons to the center and club only' and as we were visiting the grounds of the church on a Sunday, we believed we satisfied this request. On a return visit to the car park, we saw a few A4 printed signs that were approx. 8 ft from the ground, in windows that appeared to show parking information, but it wasn't ledgible, even from close up. It then became apparent that there was a sign at the entrance but this was invisible from the road as you approach, therefore the signage was inadequate to inform you of any parking contract.

Here is what I have detailed so far. Any advice or signposting to help form my defence is very much appreciated:

Particulars of Claim:

Claim for money relating to a Parking Charge for breach of contract terms/conditions(TCs) for parking in private car park (CP) managed by claimant. Drivers may only park pursuant to TCs of use displayed in CP and agreed upon entry/parking. ANPR cameras or manual patrol monitor vehicles entering/exiting the CP and TC breaches.

Charges of GBP 170.00 claimed.

Violation date: 15/11/2020

Payment due date: 14/12/2020

Time in 14:56 Time out: 15:12

PCN: Ref*******************

Vehicle reg mark: *********

Car park: ***************

 

Total due-GBP 170.00

(Pay:www.ce-service.co.uk or 01158225020) The Claimant claims the sum of GBP 198.47 for the unpaid parking charge inc GBP 28.47 interest under S.69 of the CCA 1984

Rate: 8.00% pa from due date to – 19/12/22

Same rate to Judgment or sooner payment at daily rate of GBP0.04

Total debt and interest due-GBP198.47

Defendant denies entering into a contract due to inadequate signage, therefore no terms/conditions were agreed to.

The entrance signs are inadequately positioned, and the signs in this car park are not prominent, clear or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself

 After receiving the PCN, it was discovered that the appropriate and legal signage was removed due to being unsightly. Written and photographic evidence obtained from Wiltshire Council

The signage evidence provided by Civil enforcement during an appeal to POPLA is incorrect/false and therefore misleading/coersing the process of appeal

(b) which allegations he is unable to admit or deny, but which he requires the claimant to prove; and

Defendant admits to parking within the ****************Car park, however denies entering into a contract due to inadequate signage. The only visible signage was a hand painted green wooden A-board outside the apparent main entrance to the Church saying ‘NO PARKING Club & Centre Patrons Only’. As the defendant and his partner were visiting the Church on Sunday to view the Church grounds and architecture for a brief 16 minute walk around, it was interpreted that the meaning of a ‘patron’ in this instance is outlined in definition point 2. Below:

Patron British English

NOUN

1. 

a person who sponsors aids, artists, charities etc. protector or benefactor

2. 

a customer of a shop, hotel etc esp a regular one 

3.  See patron saint

4. (in ancient Rome)the protector of a dependent or client, often the former master of a freedman still retaining certain rights over him

5.  Christianity

a person or body having the right to present a member of clergy to a benefice

Collins English Dictionary. Copyright © HarperCollins Publishers

(c) which allegations he admits.

Parking at the time on the day in question at the Mount Pleasant Car Park

(2) Where the defendant denies an allegation –

(a) he must state his reasons for doing so; and

Denying knowledge of entering a contract because there were no appropriate, clearly visible signage stating that parking there involved entering a contract.

(b) if he intends to put forward a different version of events from that given by the claimant, he must state his own version.

The defendant entered and parked within the car park in good faith having searched for parking regulatory signage. Having determined no parking restrictions were in place other than an A-board sign, indicating that parking is for ‘Club & Centre Patrons only’.

 

(3) A defendant who –

(a) fails to deal with an allegation; but

(b) has set out in his defence the nature of his case in relation to the issue to which that allegation is relevant,

shall be taken to require that allegation to be proved.

The defendant has not been given any photographic evidence from the claimant, to show that appropriate signage was in place at the time of the parking. During an appeal to POPLA, Civil Enforcement provided photographs evidencing signage, however, to the contrary, the defendant has written and photographic evidence, proving the previously installed  ‘and visible’ signage, had been removed on or before 04/11/2020, by order of Wiltshire Council, by request of Bradford on Avon Preservation Society, due to being ‘unsightly’ and not meeting conservation planning regulations because they were ‘too visible’.

****Attach email from D.T.  from ******* council confirming this***

(4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation.

The defendant does not admit to the allegation of entering into a contract while parking within a Church car park at the ***************** and a £100 penalty for a 16 minute visit would be grossly extortionate.

Please insert/find legal extract stating proportionate fines vs. length of stay***

(5) Subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be taken to admit that allegation.

References to what is considered as adequate signage**

 Photographs showing the signage was not there/appropriate.

Evidence from POPLA appeal stating that their signage that was in place was legal and adequate when actually it is apparent on investigation that this signage was removed some weeks prior to the visit to the Car park. Therefore confirming that the appropriate and perhaps original signage has been removed.

Reference email stating the removal of signs and photographs**

(6) If the defendant disputes the claimant’s statement of value under rule 16.3 he must –

(a) state why he disputes it; and

The claim is disputed by the defendant because he parked in good faith, in a church car park for approximately 16 minutues maximum. Given the time taken to enter in and out of a vehicle, in reality, slightly less than this, to view the architecture and burial grounds of the church with his partner, as a Patron of the church. Both the defendant and his partner, both hold a full, valid UK driving license and observed the car parking are on arrival. Both concluded that there were no enforceable restrictions and deemed it ok to park on proviso of being on ’church business only’, which they were. Only after receiving a PCN, revisiting the site and looking very closely was a sign at the entrance observed, which as you approach the car park is unnoticeable due to it’s parallel proximity to the road** see image photo reference. Insert.** On return to the site, there are also A4 pieces of paper on closer inspection approximately 8ft above ground level with reference to the car park. These are positioned high up and far away from most parking bays and invisible to the parking bay we were in. The photographs submitted by Civil Enforcement showed visible signage that importantly was NOT in place when we visited the car park.

(b) if he is able, give his own statement of the value of the claim

The significant lack of signage and subsequently reduced size to the entrance signage since our visit, indicates extortion and entrapment by the car park management company, Civil Enforcement. The signage isn’t visible, nor legible to someone who has not visited the site before. As evidenced in the email from **************Council it is clear to see tht there was once potentially adequate signage to indicate the restrictions of the car park, however on our visit to the car park, the evidence, from *********Council explains that those signs were removed prior to our visit to the Church.

KeithP

Hello and welcome.

Do you really have a summons?
I suspect you may have a County Court Claim Form and if that's so then please tell us the Issue Date on it.

Coupon-mad

Welcome!

You do not have a Summons. It's just a claim.

What is the issue date, top right on the Claim?

This will be great evidence for later, plus your photos (which you can embed the date/time into) at WS stage:

 I have since obtained photographic evidence and written confirmation from the Council, showing the original car park signage had been removed, by the council due to being 'unsightly' after a petition raised by the local Preservation/Conservation Society.

Your defence is too long to add to our template defence.

Most of that detail can wait till WS stage (see NEWBIES thread second post for what happens when and what WS stage is).

Margatron

Hello and good morning,
thank you for the replies.
Apologies it’s a county court claim I received and due to postage issues over Christmas I lost a lot of time to reply.
I followed the advice on the NEWBIES thread and registered with acknowledgment of service which was sent as defence in full.

The claim is dated 20th December.
I will look into “WS” stage now.

Thank you

fisherjim

Didn't you complain to the church before this escalated to this point?

Margatron

fisherjim said:

Didn't you complain to the church before this escalated to this point?

Absolutely, it’s absurd.
both my partner and I made a point of checking for signage the church were not interested. The lady I spoke to did say “this is happening all the time”.
it’s only escalated as the Popla appeal failed due to my photographic evidence not being dated (they ignored all of the other facts I presented) and since then the BPA have ignored my complaint including written and photographic evidence. I stand by my defence 100% and will not pay an invoice from a car parking firm clearly operating an illegal business on this particular site.
I have no other choice than to present my evidence to the court and if it ends up in court defend myself.

Margatron

KeithP said:

Hello and welcome.

Do you really have a summons?
I suspect you may have a County Court Claim Form and if that's so then please tell us the Issue Date on it.

Hello and good morning,
thank you for the replies.
Apologies it’s a county court claim I received and due to postage issues over Christmas I lost a lot of time to reply.
I followed the advice on the NEWBIES thread and registered with acknowledgment of service which was sent as defence in full.

The claim is dated 20th December.
I will look into “WS” stage now.

Thank you

fisherjim

Margatron said:

fisherjim said:

Didn't you complain to the church before this escalated to this point?

Absolutely, it’s absurd.
both my partner and I made a point of checking for signage the church were not interested. The lady I spoke to did say “this is happening all the time”.

Further good evidence IMHO did you get her name?

Le_Kirk

Margatron said:

KeithP said:

Hello and welcome.

Do you really have a summons?
I suspect you may have a County Court Claim Form and if that's so then please tell us the Issue Date on it.

Hello and good morning,
thank you for the replies.
Apologies it’s a county court claim I received and due to postage issues over Christmas I lost a lot of time to reply.
I followed the advice on the NEWBIES thread and registered with acknowledgment of service which was sent as defence in full.

The claim is dated 20th December.
I will look into “WS” stage now.

Thank you

If you are talking December 2022, it is a bit soon for you to be involved in WS writing.  Not sure I understand this bit; what was sent a defence in full and to where?  Did you submit a written defence using the template by e-mail to the CCBC?  I can see your claim is date 20th December; what date did you submit the AoS?

Coupon-mad

If you haven't acknowledged this claim you are late and now in a race to defend...but I see you say you did. When?

KeithP

Margatron said:

KeithP said:

Hello and welcome.

Do you really have a summons?
I suspect you may have a County Court Claim Form and if that's so then please tell us the Issue Date on it.

I followed the advice on the NEWBIES thread and registered with acknowledgment of service which was sent as defence in full.

I think that means the OP signed up to MCOL and Acknowledged Service of the Claim choosing the option to 'defend the claim in full'.
Is that correct @Margatron?

Margatron said:

KeithP said:

Hello and welcome.

Do you really have a summons?
I suspect you may have a County Court Claim Form and if that's so then please tell us the Issue Date on it.

The claim is dated 20th December.

I am going to assume that an Acknowledgment of Service was filed sometime after 23rd December and before 4pm on Monday 9th January. Please confirm that. Your MCOL Claim History will have the definitive answer.

With a Claim Issue Date of 20th December, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 23rd January 2023 to file your Defence.

That's over a week away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

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

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.