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County Court Claim Form CEL

CEL have sent a County Court Claim form to me for Parking in a car park.

I want to know how to appeal this. They had no signage which showed the stores opening hours, which is mentioned in their terms "30 Minutes whilst the store is open".

I never replied to any letters or appealed it sooner, as I didn't think it was an issue or enforceable and they stop writing to me.

They have signed the CCBC Claim Form as Civil Enforcement Limited.
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Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    Read up in the newbies faq thread near the top of the forum (you are politely asked to read it before starting a new thread) on the court process and how to deal with a court claim.


    You can post up your defence here for comments
  • waamo
    waamo Posts: 10,298
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    You don't "appeal" this. You have to submit a defence to the court.

    There is a post at the top of this forum that advises Newbies to read it. It's one of the sticky threads. It contains a comprehensive guide to beating these tickets.

    You will need to read it several times but it's worth it.
  • So, I've drafted a Defence up by copying a similar letter.

    dropbox.com/s/rdzk2aq0y4045sa/Letter%20to%20CCBC%20-%20Redacted.pdf?dl=0

    Theres a couple of paragraphs in red that I am not sure whether it's suitable?
  • waamo
    waamo Posts: 10,298
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    Have you acknowledged the claim yet?
  • No. Should I logon MCOL and do it?
  • Umkomaas
    Umkomaas Posts: 41,258
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    No. Should I logon MCOL and do it?

    This is your immediate priority, the earlier you acknowledge, the more time you 'buy' to produce your defence.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • waamo
    waamo Posts: 10,298
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    Yes. Follow the instructions in the Newbies thread to maximise your time before you need to submit your defence. Give people a chance to look over what you've done.
  • I have Made an AOS online.

    Thanks for all advice.

    Much appreciated
  • Coupon-mad
    Coupon-mad Posts: 130,661
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    edited 14 June 2017 at 9:44PM
    https://www.dropbox.com/s/rdzk2aq0y4045sa/Letter%20to%20CCBC%20-%20Redacted.pdf?dl=0

    I'm not keen on cluttering a defence by re-stating the other side's case.

    On a skim-read, looks like this is what YOU are saying and I reckon this isn't a good start to any defence:
    3. Further based upon the scant and deficient details contained in the Particulars of Claim and correspondence, it appears to be the Claimant's case that:
    a. There was a contract formed by the Defendant and the Claimant on 25/09/2016.
    b. There was an agreement to pay a sum or parking charge
    c. That there were Terms and Conditions prominently displayed around the site
    d. That in addition to the parking charge there was an agreement to pay additional and unspecified additional sums.
    e. The Claimant company fully complied with their obligations within the International Parking Community Code of Practice of which they were member at the time.

    And CEL are not in the IPC...so you have not copied a CEL defence. You need to read CEL defences if you want this stopped.

    And that defence talks about who was driving. Not good, seeing as the normal stance in a CEL defence is to defend as keeper, pointing out you are not liable in law.

    I'd start again. Search the forum for 'CEL defence no keeper liability' or 'CEL claim stayed'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • waamo
    waamo Posts: 10,298
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    The good news is that if cel see a decent defence they run away and drop the case like a hot potato.
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