Civil enforcement ltd

Not_A_Hope

You need to explain or challenge their ‘exceeded purchased parking time’ claim. The ‘late payment’ delay of a hour can be explained by the failure of their systems. The contract they allege you broke does not start with the ANPR entry time. In law the start time begins with the equivalent of ‘pressing the green button’ and entering a contract. Did you pay for £1.50 for 4 hours parking? 

BowieBoy333

Not_A_Hope said:

You need to explain or challenge their ‘exceeded purchased parking time’ claim. The ‘late payment’ delay of a hour can be explained by the failure of their systems. The contract they allege you broke does not start with the ANPR entry time. In law the start time begins with the equivalent of ‘pressing the green button’ and entering a contract. Did you pay for £1.50 for 4 hours parking? 

Yes according to records, I paid £1.50 for four hours .

Not_A_Hope

Taking the hour ‘late payment’ problems into account how are you going to explain the additional half hour if your vehicle was parked for 5.5 hours and you only paid for 4?

BowieBoy333

Not_A_Hope said:

Taking the hour ‘late payment’ problems into account how are you going to explain the additional half hour if your vehicle was parked for 5.5 hours and you only paid for 4?

And that's the thing that's bothering me most now, because until today, I'd not heard of that. 
Genuinely, today is the first time that 5 hours and 28 minutes has been mentioned.

BowieBoy333

Two things spring to mind regarding this 'extra' 28 minutes (or 18 when taking into account they allow ten over purchased time, to leave)
Either it's just plain wrong, and that's why I've not heard of it until today.
Or, it's one of the days the car wouldn't start up again and I had to nip over to Halfords for assistance.
Halfords is literally just across the road from the car park. My car is fourteen years old and regularly has issues. Starting up was one of them. I had to have the starter motor replaced a short while ago.
These are the only things I can think of. Although part of me thinks they're making it up because surely I would have heard of this before today.
I'm going to contact Halfords in the morning to see if they keep a record of popping over to quickly assist someone.

Coupon-mad

Yep, and what's your deadline for the revised defence?

You will be using the new Template Defence which changed a month ago and tells Judges about the DLUHC's Impact Assessment analysis.

BowieBoy333

B789 said:

What does the PCN/NtK say about how long the car was parked? Is there any mention of £70 debt recovery fee on the signs? Is there any mention of the £70 debt recovery fee in the PCN/NtK?

According to the PoC the signs state: "IF YOU BREACH ANY OF THESE TERMS YOU WILL BE CHARGED £100. 

Additional costs/recovery charges will be incurred if payment is not received within 28 days…"

They cannot just state that "additional cost/recovery charges" without stating the amount. It's a bit like going into a shop and the price tag on something says "price will be decided at the till". You will need to state in your revised defence, amongst other things, that the claimant must provide a breakdown of the added £70 which you suspect is extortion, especially as the recent DLUHC Impact Assessment has highlighted an industry-wide overstatement of recovery costs of over 800%. Of course, that will show unreasonable behaviour and will be an opportunity for the claim to be thrown out, amongst all the other failures by the claimant.

For some reason, I still can't share any images with you , due to 'denied permissions' , whatever that means.
However, I can tell you that the first notification I received on this particular issue, says REMINDER BEFORE FURTHER NOTICE in red lettering and in a red box , top right of the page. Before that, nothing else was received (plenty followed it of course).
This letter has no details in it at all regarding signage rules, or any particulars of claim etc.

BowieBoy333

Coupon-mad said:

Yep, and what's you deadline for the revised defence?

You will be using the new Template Defence which changed a month ago and tells Judges about the DLUHC's Impact Assessment analysis.

The deadline for revised defence is 22 September..

Coupon-mad

Ok, easy to do.  You have to open a word doc, plonk your old defence in it, strike through all of it except the headings and underneath that, put the new defence.

That's how to format an amended defence.

Not_A_Hope

However, I can tell you that the first notification I received on this particular issue, says REMINDER BEFORE FURTHER NOTICE in red lettering and in a red box , top right of the page

If you haven’t already submitted a SAR to the PPC I would do it ASAP. That should flush out the original NTK they allegedly sent.