CEL and CCJ what to do?

lwhit20

Helpful, thanks boat to Bolivia.

Coupon-mad

lwhit20 said:

No risk apart from my sanity maybe haha.

Just wondering also, if once I have put a defense in, can it be retracted at any point do you know? 

You will NOT be retracting a defence (no 's' in defence).

You can settle at any point (of course) but you won't be doing that either.  It is a no-brainer to see it through.

lwhit20

Yup thanks all for the spell check, I spelt it right the first couple times at least.

Yes it does seem like a no brainer, and an experience worth having I guess. It's just time and stress and not to mention it is something I have no understanding of in the slightest (as I'm sure you can tell). And there are currently more pressing matters at hand!

We shall see.

Thank you all for your help so far, I appreciate your dedication and steadfastness. 

Le_Kirk

lwhit20 said:

Yup thanks all for the spell check, I spelt it right the first couple times at least.

Yes it does seem like a no brainer, and an experience worth having I guess. It's just time and stress and not to mention it is something I have no understanding of in the slightest (as I'm sure you can tell). And there are currently more pressing matters at hand!

Most posters who come here are in the same position as you; take a read of some of the latest post where success is reported and read how the poster transitioned from a frightened rabbit in the headlights nervous know-nothing to a bold, confident WINNER due to using the advice from us.

lwhit20

Update;
SAR has been sent to the data protection officer and service has been acknowledged.
Onto a defence! 

lwhit20

Hi all, I'm going to submit my defence soon. If anyone has the time to proof read and offer advice that would be appreciated. Thanks. Below is my part of the defence;

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper of the vehicle and was a passenger but not the driver at the time of the alleged breach of contract.

3. The defendant arrived at Climping Beach Car Park on 01/01/2022. Upon entry, the muddy and disordered car park made it difficult for the driver and defendant to navigate or locate any designated parking area as parts of the car park were entirely too treacherous to park in or drive through. The unclear signage and layout added to the confusion, making it challenging for the defendant and driver to understand the parking arrangements, regulations and requirements.

Upon enquiry the payment machine at the car park was out of order, which made it impossible for the defendant to make the payment using the conventional method. Secondly, there was no phone signal to download an advertised parking app and when asking around, other people who had managed to download the app weren’t able to make payment due to a malfunction within the app. This made it apparent to the defendant that payment was impossible, therefore the defendant and driver reached the conclusion that the car park payment system was entirely out of use. 

Additionally, the absence of parking tickets in other cars' windows also led the defendant and driver to believe that payment was not required and that there was an issue with the parking system. This lack of evidence of other people having success and vehicles displaying tickets contributed to the defendant's decision not to pursue further options to pay for parking, if there were any more options at all. 

It's important to note that the defendant was not the person driving the car at the time of the supposed breach of contract. As such, the defendant did not assume ultimate responsibility to enquire into specific parking rules or requirements, and did not have the means to pay for parking on behalf of the driver.

The incident that occurred can be attributed to a combination of factors, including the malfunctioning payment machine, lack of clear information on alternative payment methods, the chaotic state of the car park, unclear signage and layout, absence of parking tickets in other vehicles, and not being the driver of the car at the time of the incident.

*Edits in bold, thanks coupon-mad.

Coupon-mad

This contradicts, surely?

"but not the driver at the time of the alleged breach of contract."

"3. The defendant arrived at Climping Beach Car Park on 01/01/2022."

Para 2 needs to state you were a passenger in the car, if that's the case.

And do not use this phrase which accepts 'failure' on your part (nononono!):

"The defendant's failure to pay for parking".

Just put that "the incident occurred".

lwhit20

Okay that makes sense! Thank you.

Coupon-mad

My reply tells you how to make it make sense.