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Civil Enforcement Limited - Notice of Discontinuance N279
Comments
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Depends what the prelim hearing directs you to do and by when.MrTheMask said:Update
I now have a Preliminary Hearing for March 2025.
Does anyone have any advice of what happens next please.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD1 -
The only date on the N157 is the my Preliminary Hearing date in March 25.
I've emailed the court with my details.
Then under Case Management, the claimant must send evidence no later than 14 days to myself.
I have 2 questions:
1. Do I have to send CEL my details again? (they have this on the DQ)
2. Will I just wait till March for the hearing for any communications?0 -
What, the C gets to send evidence but you don't? Are you sure?PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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This is what I got yesterday in the post.
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OP
Who signed the claim form?0 -
There's no signature, only a rubber stamp seal from the court.0
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Wow it actually does!
Send yours anyway. You DO NOT want a Judge ONLY looking at their photos in their 50 page pile of crap and not treating you as a witness with valid points and evidence to offer.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Ok, I'll do that. Do I send them now to the court or 14 days before?
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I have written my witness statement, after reading many others this is what I have:
IN THE [COURT NAME]
Claim Number: [Insert Claim Number]
Between: [Claimant's Name] (Claimant)
And: [Your Name] (Defendant)WITNESS STATEMENT
- Introduction
I, [Your Full Name], am the Defendant in this case. This claim arises from an alleged breach of parking terms and conditions due to a typographical error in the entry of my vehicle registration number. I contest this claim on the following grounds:
- I paid for parking in full and have evidence to demonstrate this.
- The Claimant has suffered no financial loss as a result of the alleged breach.
- The Claimant is in breach of the British Parking Association Code of Practice, Paragraph (BPA CoP), which mandates cancellation of charges for minor typographical errors.
- Established legal precedents support my defence and highlight the disproportionate nature of the claim.
- Facts of the Case
- On [Date], I parked my vehicle, registration [Correct Registration Number], at [Parking Location].
- I paid for the parking session and entered my vehicle’s registration number into the payment machine. Due to a genuine typographical error, I entered "W" instead of "V."
- I have evidence of the payment, confirming that the parking fee was paid.
- No Financial Loss
- The Claimant has not suffered any financial loss, as the parking fee was fully paid.
- Pursuing a penalty in this situation serves no purpose other than to impose an unreasonable and punitive charge on a minor and immaterial error.
- Breach of BPA Code of Practice
- The Claimant is a member of the British Parking Association and is bound by its Code of Practice.
- Paragraph 17.4 of the BPA CoP states that parking charge notices should be cancelled or not issued in cases of genuine typographical errors where payment has been made.
- The Claimant’s pursuit of this claim directly contravenes the BPA CoP and is therefore unreasonable and improper.
- Legal Precedents Supporting My Defence
- Civil Enforcement Limited v Ming Tak Chan (2023): This case highlighted that minor typographical errors do not warrant the imposition of parking charges when the operator suffers no financial loss. It also emphasised fairness and proportionality in parking enforcement. The circumstances in my case are directly analogous, as I made a minor error but complied with the requirement to pay for parking.
- ParkingEye Ltd v Beavis [2015] UKSC 67: While this case upheld the enforceability of parking charges in certain circumstances, it emphasised key principles that distinguish it from my case:
- The parking charge in Beavis served a legitimate interest in ensuring efficient parking space usage. In my case, there is no such interest or deterrent value, as the parking fee was paid in full.
- The court in Beavis emphasised proportionality and fairness. Pursuing a penalty for a minor typographical error, despite evidence of payment, is neither proportional nor fair.
6. Cause of Action Estoppel
6.1 The Claimant was in possession of all material facts required to resolve this matter without the need for legal proceedings. In my initial defence statement, I provided evidence that the parking fee was paid in full. During mediation, the Claimant further confirmed that the alleged breach was due to a minor typographical error. Despite having this knowledge, the Claimant has chosen to pursue this claim in disregard of its obligations under the BPA Code of Practice and established legal principles of fairness and proportionality.6.2 By failing to resolve this matter upon being presented with conclusive evidence of payment, the Claimant has acted unreasonably. Their continued pursuit of this claim is not only a misuse of court time but also constitutes an abuse of process under the doctrine of Cause of Action Estoppel.
7. Attempts to Resolve the Dispute
7.1 In my initial defence statement, I included evidence proving that I had paid for the parking session in full. Despite this, the Claimant continued to pursue the Parking Charge Notice (PCN), acting unfairly and unreasonably from the outset by failing to consider the evidence provided.
7.2 During mediation, the Claimant disclosed that the PCN was issued because of a typographical error in the vehicle registration number I entered. This was the first time I became aware of the actual nature of the alleged breach. Despite knowing that I had paid for parking and that the error was minor, the Claimant continued to pursue the full charge, in direct contravention of the British Parking Association (BPA) Code of Practice, Paragraph 17.4, which requires cancellation in cases of minor keying error.
7.3 The fact that the Claimant was aware of the typographical error from the outset but chose to withhold this information until mediation underscores their failure to act in good faith. Their continued pursuit of this claim, despite having evidence of payment and their obligations under the BPA Code of Practice, demonstrates a deliberate and unreasonable disregard for fairness and proportionality.
7.4 The Claimant’s refusal to settle during mediation, even when presented with proof of payment, further highlights their unjust approach. Their conduct contradicts established principles of consumer protection and fairness in parking enforcement.
8. Conclusion- The Claimant’s actions lack any legitimate basis, as the parking fee was paid and the minor error caused no financial or operational loss.
- This claim is disproportionate, contrary to the BPA CoP, and unsupported by legal precedent.
Statement of Truth
I believe that the facts stated in this Witness Statement are true.Signed: _________________________
[Your Full Name]
Date: [Insert Date]
0 - Introduction
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