CEL Court Defence - Restaurant Related

eliza2811

Gr1pr said:

eliza2811 said:

Nellymoser said:

Do you know if restaurant owners are the landowners of the car park.

My pcn photographs (different company) were 'awaiting upload' but they never ever appeared.

I don't know. Cheers 

I would strongly suggest that you find out 

https://forums.moneysavingexpert.com/discussion/6337652/how-to-find-details-of-landowner

I will definitely give it a go. Thanks very much 

eliza2811

Hello again, 

A quick update regarding my curry PCN. 

Still not paid the charge/fine.

Had a Letter before Claim before Christmas. Sent everything included evidence after Christmas.

Received a Claim Form last Thursday.  Naturally I will respond to it. The Driver won't pay and I don't blame him. 

I have never received photos of the offence. The creditors can't identify the driver. I am not denying we weren't there so photos are not an issue. 

The payment due date is in March. We hadn't received the first demand then. 

What steps to take next please. The curry house couldn't get it cancelled last year. I dont know who the landowners are. 

Thanks 

Gr1pr

Study the newbies sticky thread in announcements near the end of the forum,  post 2, plus the defence template thread as well 

Login to MCOL via the government gateway and complete the AOS online 

Draft your defence based on the template defence by coupon mad

I cannot see any breach listed in the POC above , so maybe use the Chan and Akande defence template  ? ( unless you redacted it in the picture   ?  , time on site was 56 minutes   )

Once you complete the AOS, your deadline will be 4pm on July  28th, by email 

eliza2811

Thanks. I've done the AOS. But will sort defense part in the week. Breach? 

Le_Kirk

The POC has to state how you breached (i.e. how you broke the rules) the contract, they don't; if you read the template defence thread, as advised by @Gr1pr, all will become clear.
PS there is no  "S" in defence

Umkomaas

eliza2811 said:

Thanks. I've done the AOS. But will sort defense part in the week. Breach? 

No S in defence, that's for the USA!

What is alleged you did 'wrong'!  

The creditors can't identify the driver.

They don't need to, you've already done that for them. 

I did identify the driver on the appeal,

fisherjim

Nearly twelve months ago you were advised to find out who owns the car park, but you have left it until now to come back?

Gr1pr

Every private parking company pcn is in regards to breaching the rules, allegedly,  or true,  if proven in court 

The pcn was an invoice,  that has remained unpaid,  hence why they sue people for the alleged breach of the parking contract on that private property 

I cannot see what the alleged breach was,  in the POC you displayed above,  whereas it should be clear,  was it an overstay or non payment or parking a yellow car on a pink car day  ?  It should say, but I or we cannot see what the driver has done, or failed to do , in that POC.  Your defence is therefore a rebut of the POC  ( not the previous paperwork   ?  Sparse or unclear POC is what I was pointing out to you 

eliza2811

Think Google is very American with spellings sometimes lol

The signs and camera are not in situ now.  

So no CEL contract..

I didn't know about not identifying the driver until later. 

eliza2811

Thanks all