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Some questions and a check of CEL defence

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Comments

  • Castle
    Castle Posts: 4,191 Forumite
    First Anniversary Name Dropper First Post
    Tintin27 wrote: »
    My question is can this information be of use for anything atall????
    Yes, you can include it as part of your witness statement and include the names of the persons you spoke to on each date.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    First Anniversary Photogenic Name Dropper First Post
    You are being given the run around

    Left hands not knowing what the right hand is doing

    Why not have a serious chat with manager about
    these porkies you are being told and advise him if
    no action is taken, you will have to involve the surgery
    in court action to explain themselves

    By the way, court action can be cancelled right up
    to the time you are sitting waiting to see a judge.
    THEY LIED TO YOU
  • They recon once debt collectors have bin involved its out of their hands which i no is bull***t!! I said well CEL wrote to me saying i could pay £100 instead so surely that doesnt matter but they just wont budge!!! There sick of talking to me now lol. Beamer guy how do i involve the surgery in court action? What do i have to do and say for that? And do you think theyd even be care its my word against theirs.
  • Coupon-mad
    Coupon-mad Posts: 131,454 Forumite
    Name Dropper First Post Photogenic First Anniversary
    edited 20 September 2018 at 6:59PM
    Just ask the Surgery Manager to sign & date a letter (that you take in) stating that:

    - they accept you did try to get the PCN cancelled early, but you were wrongly told by a Receptionist that there was nothing to be done.

    - when this issue came to light later, they provided proof of Clinic appointments to show that they supported your appeal and to make it clear that there is no legitimate interest* in penalising you.

    - indeed they wanted the PCN cancelled all along, but believe their hands are tied as the parking firm agent has told them that it is 'too late' at this stage.



    That letter than becomes killer evidence for you alongside your own Witness Statement at that stage in the case.

    With no 'legitimate interest' excuse to charge the extortionate sum they do, any parking firm is stuffed, basically. The Beavis case turned on it, and without that legit interest in deterring parking, the 'charge' can be argued to be purely punitive (punishing a patient), contrary to good faith, and the sort of enforcement that was never in the contemplation of the surgery.





    *use that 'no legitimate interest' phrase, don't miss it off!

    DO NOT go in vaguely asking for a 'letter' and expecting them to type that verbatim - go armed with it pre-typed. It's no big deal for them, they are not signing their life away at all but it says what you need it to say, to win your case.
    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
  • Thank you coupon mad i shall do that! Also i have spoken to them 2day over the phone and they have got a copy of the contract with cel for me. Shall i post it for you guys to see for bits i can and cant use??
    'With no 'legitimate interest' (Does that bit go in my witness statement, if so how should i word it)?
  • So so so... i have the signed andd stamped letter from the surgery with those statements : ). Alsooo the copy of contract they have given me dated 25th july 2016 says its between the surgery and a company called Creative (Contracts) Car Park ltd! And when i asked about there contract with CEL, they said "thats who weve signed the contract with and maybe creative car park uses CEL for the fines"....! Yet the signs in their car park are from CEL! soooo does this mean CEL have no contract???
    Also i noticed they have a new sign up that their going to be introducing a new barrier method for the carpark. No doubt this probably has something to do with all the patients that would forget to enter their registration details, get fined then complain![IMG][/img]IMG
  • Castle
    Castle Posts: 4,191 Forumite
    First Anniversary Name Dropper First Post
    CEL will claim to have a contract with Creative (Contracts) Car Park Ltd.
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  • My edit post button isnt highlighted so i cant click it
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