Court after failed POPLA appeal

atlasmm

Private Parking Claim – App Fault Defence – Advice Needed

I have received a County Court claim from Civil Enforcement Limited for £285.85 relating to a parking incident at Market Street Lane Car Park, Blackburn on 28 January 2024.

The facts:
I parked between 13:30 and 14:43 and attempted to pay for my full stay using their Phone and Pay app. When I selected a duration exceeding 30 minutes the app defaulted back to 30 minutes and would not allow me to purchase longer. I paid the maximum the app would allow — 30 minutes at £1.00 — and have a payment receipt confirming this.

I was not unwilling to pay; I was prevented from paying more by a fault in their own system. I later recorded video evidence of the fault persisting on 4 March 2024.

I appealed to Civil Enforcement and then POPLA. Both were refused. POPLA noted my video was recorded after the event, though my position has always been the fault was persistent.

The original PCN was £100. The claim has grown to £285.85 with debt recovery fees and interest added.

I have filed a defence raising the app fault, prevention of performance, and their failure to provide any technical evidence that the app was functioning correctly on the day.

They have now emailed me directly a Witness Statement, which I believe is a pressure tactic as no hearing date has been set yet.

I have also sent a without prejudice offer to settle for £100 (the original charge only) which is currently outstanding.

My questions:

1. How strong is my defence?
2. Any advice on next steps?
3. Any experience with Civil Enforcement Limited specifically?
   

Thanks

Coupon-mad

Oh, I really wish you hadn't sent a massive WP offer. Nonono! Stop doing that.

They have now emailed me directly a Witness Statement, which I believe is a pressure tactic as no hearing date has been set yet.

Yes this is their MO. Unusual but they do it to scare people into thinking they can recover all sorts of costs. It's a lie.

Even if you lost at a hearing, it would be less than the claim. £212 is the total 'risked' here.

I posted over the weekend how to reply to that email. Please copy that version:

https://forums.moneysavingexpert.com/discussion/6668267/cel-in-house-claim-defended

ChirpyChicken

I doubt they would even pay the hearing fee

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82019842#Comment_82019842

Same. CEL seem a bit all over the place and there's no reason to offer them £100!

atlasmm

In their directors questionnaire they’ve expressed a preference for the case to happen on the papers.

Should I also do this? Or will this save them having to pay a hearing fee and make them progressing this more likely? Thanks

ChirpyChicken

No you never agree to papers

atlasmm

And should I send any further email correspondence to them? Or just address everything going forward via the MCOL portal?

atlasmm

And I’ve emailed them to withdraw my offer of settlement of £100.

atlasmm

Frankly, I do not wish to go to court to sort this and I believe I have a strong case should a judge view the circumstances and evidence.

What will happen if I agree to settle on the papers?

Car1980

You may win, or you may not.

But since 95%+ cases are discontinued before a hearing, the odds of winning via discontinuation are greater than winning on the papers.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82020912#Comment_82020912

You'll almost certainly lose.

DO NOT DO THIS.

That's opening the door to a 'battle of the papers' between you and a company that employs a team of solicitors & paralegals in a litigation team who do this for a living.

If it ever reaches a hearing (most cases don't) your best card to play is your attendance as an honest witness, looking the (usually) kindly judge in the eyes.

I've attended several hearings v parking firms including CEL and it's no more formal than a job interview.