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CEL County Court form

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wth_2
wth_2 Posts: 6 Forumite
in Parking tickets, fines & parking
Hi,

I'm in receipt of a claim form from CEL relating to not paying a parking fine issued back in July 2017, I ignored all the threatening letters and debt collectors letters and they have finally decided to issue the claim form to me.

The incident relates to parking in a free car park for 59 minutes. The bizarre thing is that the parking limit for the car park is 60 minutes so I'm not too sure why they are pursuing this. The car was registered in the doctors surgery. It's not like the driver wandered into town, the driver was in the doctor's the entire time (the Doctor was running late that day).

I am not the driver but I am the defendant, I'm assuming they got my details from the DVLA/vehicle leasing company (it's a company car).

This is the exact wording of the Particulars of Claim.
Claim for monies relating to a Parking Charge for parking in a private car park managed by the Claimant in breach of the terms and conditions (T+Cs). Drivers are allowed to park in accordance with T+Cs of use. ANPR cameras and/or manual patrols are used to monitor vehicles entering + exiting the site. Debt + damages claimed the sum of 236.00
Violation date: xx/07/2017
Time in: 09:44 Time out: 10:43
PCN ref: XXXXXXXX
Car Registration no.: XXXXXXXX
Car Park: XXXXXX

Total due- 236.00
(Ref: WEBSITE or Tel:01158225020)
The Claimant claims the sum of 249,97 for monies relating to a parking charge per above including 13.97 interest pursuant to S.69 of the County Courts Act 1984 Rate 8.00% pa from dates above to XX/XX/XX Same rate to Judgment or (sooner) payment
Daily rate to Judgment- 0.05
Total debt and interest due-249.97
I've read through a few examples on here and it asked me to start a new thread, I still have a few days to submit my defense. Should I counter claim against them for emotional distress? I've tried calling them a few times assuming it is a mistake but they aren't easy to get hold of.
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  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    wth wrote: »
    Hi,

    I'm in receipt of a claim form from CEL relating to not paying a parking fine issued back in July 2017, I ignored all the threatening letters and debt collectors letters and they have finally decided to issue the claim form to me.

    The incident relates to parking in a free car park for 59 minutes. The bizarre thing is that the parking limit for the car park is 60 minutes so I'm not too sure why they are pursuing this. The car was registered in the doctors surgery. It's not like the driver wandered into town, the driver was in the doctor's the entire time (the Doctor was running late that day).

    I am not the driver but I am the defendant, I'm assuming they got my details from the DVLA/vehicle leasing company (it's a company car).

    This is the exact wording of the Particulars of Claim.

    I've read through a few examples on here and it asked me to start a new thread, I still have a few days to submit my defense. Should I counter claim against them for emotional distress? I've tried calling them a few times assuming it is a mistake but they aren't easy to get hold of.

    Very sparse ???
    Is this from Northampton ?

    If this is a real claim, were you sent a "letter before action"
    giving you precise details and proof of their claim and
    then 30 days to respond.

    It's odd that they don't seem to know if it was ANPR or
    a warden type ????

    You need to talk to the surgery about this disgusting
    company and get them to cancel and stop CEL.

    This can be stopped right up to the last minute

    You need to inform the surgery about this wild bunch
    SHOW THEM THIS
    http://parking-prankster.blogspot.co.uk/search?q=CEL
  • wth_2
    wth_2 Posts: 6 Forumite
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    Thanks for replying, yes, this is from Northampton, they did send me a threatening letter on the 8th March warning that I had 30 days to respond but I just ignored it, they provided no proof or documentation, it just looked like a standard letter asking me to download their information sheet from their website.

    I have approached the Doctors surgery but they didn't seem interested and insisted that the car parking had nothing to do with them.

    I'll try and build a response tomorrow and paste it in here but I'm after advice about whether to counter claim, if I need to take time off work and travel to/from the court surely they are liable for my costs?
  • KeithP
    KeithP Posts: 37,655 Forumite
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    wth wrote: »
    I have approached the Doctors surgery but they didn't seem interested and insisted that the car parking had nothing to do with them.
    Then they are wrong.

    Have a look at this thread:
    forums.moneysavingexpert.com/showthread.php?t=5832767

    ...and read the advice 3xcookedchips has been given today.

    wth wrote: »
    I'm after advice about whether to counter claim, if I need to take time off work and travel to/from the court surely they are liable for my costs?
    Costs are not the subject of a counter claim.
  • Coupon-mad
    Coupon-mad Posts: 131,753 Forumite
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    NHS trusts remain liable for the actions of their agents, IF they took on CEL.
    I still have a few days to submit my defense.
    Defence.
    Should I counter claim against them for emotional distress?
    No, better & easier and less stressful to defend and watch them discontinue.
    I've tried calling them a few times assuming it is a mistake but they aren't easy to get hold of.
    STOP STOP STOP. No phoning a parking firm!

    All you need to do is copy the latest CEL defences on the first page or two today. Any recent CEL one will do the job for you too. I replied to one only an hour ago, saying the defence was fine.
    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
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    wth wrote: »
    I have approached the Doctors surgery but they didn't seem interested and insisted that the car parking had nothing to do with them.

    Is this a car park not attached in any way to the surgery ?

    Does it have signage saying patients only ?

    You need to give us full information
  • KeithP
    KeithP Posts: 37,655 Forumite
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    wth wrote: »
    I still have a few days to submit my defence...
    What is the date of issue on your Claim Form?

    Have you done the Acknowledgement of Service yet?
  • wth_2
    wth_2 Posts: 6 Forumite
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    beamerguy wrote: »
    Is this a car park not attached in any way to the surgery ?

    Does it have signage saying patients only ?

    You need to give us full information

    I believe it is a sign that states parking for Medical Centre Only, I can go there tomorrow and take photos if required, you have to enter your registration at the surgery when you arrive (which the driver did)
    KeithP wrote: »
    What is the date of issue on your Claim Form?

    Have you done the Acknowledgement of Service yet?

    Date of issue is 17th April 2018

    I haven't completed the Acknowledgement of Service yet, I still have just under 2 weeks to respond
  • Coupon-mad
    Coupon-mad Posts: 131,753 Forumite
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    If you do the AOS, you then have longer (28 days) to respond with the defence, well into May.

    See the NEWBIES thread and follow the AOS walk through in pictures. Do it now.
    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
  • KeithP
    KeithP Posts: 37,655 Forumite
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    By doing the AoS you are buying yourself another two weeks to formulate your Defence. Well worth doing.

    Do the AoS and you have until 4pm on Monday 21 May 2018 to file a Defence.

    Instructions on doing the AoS are in a dropbox file linked from post #2 of the NEWBIES FAQ thread. It's in pictures - very easy to do.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    wth wrote: »
    I believe it is a sign that states parking for Medical Centre Only, I can go there tomorrow and take photos if required, you have to enter your registration at the surgery when you arrive (which the driver did)

    The signs say it all and having to enter your reg number
    in the surgery must show that the surgery is lying to you

    This is very serious for the surgery ..... if the surgery
    allows reg numbers to be entered within, then, they took on
    CEL ....... THEY are liable for the actions of CEL

    Suggest you have a word with the practice manager of the
    surgery's liability
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