CEL claim - stages after CCJ set aside

The_Loner

So the Claimant is CEL ? Yet the car park signs are either ABC parking solutions or Atlantis FM.

CliveTreeHorn

Yes that's right. Clear as mud eh!

1505grandad

Apologies if not relevant but there appears to have been amended PoC:-

https://forums.moneysavingexpert.com/discussion/comment/80601835/#Comment_80601835

Coupon-mad

Good call. How could we remember that?!

NOT Chan & Akande then.

CliveTreeHorn

So the major point of my defence is the different names in the sign. There can't ever be a contract, when CEL don't own the carpark. 

Coupon-mad

CliveTreeHorn said:

So the major point of my defence is the different names in the sign. There can't ever be a contract, when CEL don't own the carpark. 

Your second sentence is wrong. Nothing to do with who owns the car park. It's about who offers the contractual terms. It isn't CEL.

Game over.

Your WS needs to mention Fairlie v Fenton

Search the forum for Fairlie Fenton CEL because it's been used in CEL case WS before.

CliveTreeHorn

Great. I included that when I submitted it, on your fantastic advice I should add!

I will swot up on the case.

CliveTreeHorn

CliveTreeHorn said:

I have received their witness statement. My court date is Thursday, 3rd April. 

The sign they have included in their exhibits has ABC Car Parking Solutions at the top and is dated Sept 2021. My photograph (referred to in my  WS) has Atlantis FM, a different firm. Presumably, the company changed at one point, so I am not sure what the sign displayed at the time of the alleged offence. 

The last exhibit does not list my car registration. I definitely bought a paper ticket. Is the fact that they have not displayed the full data relevant? 

They are claiming £281, but have made an offer to settle at £135. Their signs state (also in my WS) that they can only charge up to £100. 

Does anyone have any advice or insight they can offer to help me please. 

Does anyone have any comments on CEL produce a redacted list of car registrations on the date of the alleged offence ? 

It's redacted - can I argue that they should have supplied the full details?

Should I change the name of the subject of this thread , as the CCJ was removed last year and this week court appearance is a hearing.

Castle

CliveTreeHorn said:

CliveTreeHorn said:

I have received their witness statement. My court date is Thursday, 3rd April. 

The sign they have included in their exhibits has ABC Car Parking Solutions at the top and is dated Sept 2021. My photograph (referred to in my  WS) has Atlantis FM, a different firm. Presumably, the company changed at one point, so I am not sure what the sign displayed at the time of the alleged offence. 

The last exhibit does not list my car registration. I definitely bought a paper ticket. Is the fact that they have not displayed the full data relevant? 

They are claiming £281, but have made an offer to settle at £135. Their signs state (also in my WS) that they can only charge up to £100. 

Does anyone have any advice or insight they can offer to help me please. 

Does anyone have any comments on CEL produce a redacted list of car registrations on the date of the alleged offence ? 

It's redacted - can I argue that they should have supplied the full details?

Should I change the name of the subject of this thread , as the CCJ was removed last year and this week court appearance is a hearing.

It's worthless as there's no reconciliation with the monies received from the on site machines, by phone or accounting for refunds given back by Morrisons and has clearly been prepared after the event.

For example:-
1-According to their list some 36 cars entered and used phone & pay between 7.01pm and 7.08pm but no parking durations have been shown yet alone how much they paid.
2-Some vehicles appear twice under the heading "camera" but without any parking durations, are these the Morrisons refunds or drivers who failed to pay.
3-Five drivers have paid to park for 720 minutes, (so 12 Hours), between 4.53 and 4.59pm
4-Every ticket issued by a machine should have an unique number on it, but there're no numbers on their list so no proof that the list is complete or accurate.

In other news, according to Companies House, ABC Car Park Solutions Limited has never existed.

Coupon-mad

Yes please change your thread title to:

CEL claim - stages after CCJ set aside