CEL issued me with a PCN for not paying within 10minutes

kryten3000

CEL will likely discontinue this case later in the process. They issue claims in the hope that the keeper will panic and pay up or ignore completely in which case they get a CCJ which effectively converts the alleged debt into a real one. That can also result in payment or, with claims over £600 (2 or 3 PCNs), High Court enforcement.

Lionredblue

@Gr1pr thanks, please find the photos, I do have my proof of payment and pics that show there is no clear sign on way in to say must pay in 10mins.

Gr1pr

I hope that you have completed the AoS stage online on MCOL, otherwise its late. ? Needs doing ASAP because that claim is over 3 weeks old

Use the Chan and Akande defence template, due to no actual breach pleaded in the POC

No exhibits or evidence are submitted with the defence

Le_Kirk

With an issue date of 26/08/26 and providing you complete(d) the AoS before or on 14/09/26 your defence deadline date is 4.00 p.m. on 28/09/26

Did you complete the AoS in time? Check your claim status on MCOL.

Lionredblue

hi yes i completed the AoS, just trying to prepare my defence ready for the deadline.

Gr1pr

https://forums.moneysavingexpert.com/discussion/comment/82142546#Comment_82142546

Nothing to prepare, copy and paste 9 out of 10 paragraphs, copy and paste the Chan and Akande paragraph 3 into place ( do not include the " at the end of paragraph 3 )

Save, submit ( on MCOL. )

5 minutes work at the most

Lionredblue

Oh that’s great, thank you for helping me

Lionredblue

@Gr1pr I think I have made a huge errors -

Looking at the receipt of payment - this completed at 15:40, however the camera shows the car exited at 15:39, it entered at 14:48. We paid 1 minute after we exited.

Even though I paid for one hour of parking by the time I was able to complete payment on the app we had driven out. I also sent emails to the app company explaining I was struggling to pay.

Can I still use the CHAN & CPMS & AKANDE case as the claimant has not specified the actual breach?

If it is still worth defending myself should my I keep my witness statement very simple along the lines of :

1.It was over 2 years ago, so struggling to remember the details. 2. The defendant was the passenger in the car, we entered the car park, found a parking space, no signs visible from inside the car detailing the terms. 3. We planned to pay with cash, looked for the pay machine, there was no longer a pay machine anywhere in the car park. 4. Went back to the car to retrieve my phone and proceeded a number of attempts to download the app. The poor signal meant we had to walk to find stronger signal to download the app, I then had to register and then the app would not accept my payment, after multiple attempts and trying to get help from the app's contact us number and email we finally completed the payment. 6 A receipt showing payment for £2.00 the fee for 1 hour of parking, the time we were in the car park see Exhibit X

Another error I made before I found this Forum was to give my contact details as the person the PCN was for,as I was the passenger who paid the ticket. The car is a company lease car, however I gave my details to my partner's company and the PCN was directed to me. I have since learned I should not have done this, however I have never said I was the driver - would this be implied because my details were given to the claimant ?

Gr1pr

There Is a minimum 10 minutes grace period after an authorised parking period has ended , so i wouldn't worry about it , you were allowed a minimum of 70 minutes

Yes use the Chan and Akande defence template, due to alleged or actual breach not pleaded

You should add an ending to the end of paragraph 2 stating

not the Registered Keeper, or Keeper, or Hirer, or Driver, but just a passenger in the vehicle

It doesn't matter what is implied, you are stating the above under oath, under a statement of truth

They would have to prove that YOU had Keeper or Hirer liability ( impossible. ) or that you were the actual driver on that incident date ( also impossible. ) you were a passenger, so have no legal liability at all

Let's see your adapted paragraph 2 and your Chan and Akande paragraph 3 below, but do not include the spurious character " at the end of the linked thread for paragraph 3 ( its not allowed on MCOL. )

Lionredblue

Thanks I have amended Para 2 and added the Chan and Akande to my Para 3 as below, hope this is correct:

2. The allegation(s) are vague and liability is denied for the sum claimed, or at all. The delay in bringing proceedings lies with the Claimant, making retrieving material evidence difficult, which is highly prejudicial. The Defendant has little knowledge of events, save state they were not the Registered Keeper, or Keeper, or Hirer, or Driver, but just a passenger in the vehicle.

3.With regards to the POC in question, two recent persuasive appeal judgments in Civil Enforcement Limited v Chan (Ref. E7GM9W44) and Car Park Management Service Ltd v Akande (Ref. K0DP5J30) would indicate the POC fails to comply with Civil Procedure Rule 16.4(1)(e) and Practice Direction Part 16.7.5. On the 15th August 2023, in the Chan case, HHJ Murch held: 'the particulars of the claim as filed and served did not set out the conduct which amounted to the breach in reliance upon which the claimant would be able to bring a claim for breach of contract'. The same is true in this case and the Defendant trusts that the Court should strike out the extant claim, using its powers pursuant to CPR 3.4. The second recent persuasive appeal judgment also held that typical private parking case POC (like this) fail to comply with Part 16. On the 10 May 2024, in CPMS v Akande, HHJ Evans held: 'Particulars of Claim have to set out the basic facts upon which a party relies in order to prove his or her claim'."

As there is no breach specified and using the CHAN & CPMS v AKANDE case, am I therefore correct not to include my detail of events eg: the appeals I made, , no machine to make a cash payment, app download and delays in completing payment etc, no clear details on entry sign and signs were small and not visible from inside the car etc ? In the Witness Statement there is a section to add facts and sequence of events will I add these at this point ?