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*URGENT HELP* Appealing Parking Charge taken to court

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Comments

  • GiaPetite
    GiaPetite Posts: 63 Forumite
    Combo Breaker First Anniversary
    Do I use the photos in the first defence or later? I also have a letter from the resident who the driver was visiting stating the driver was visiting them and they were never made aware of time restrictions on visitors. Do I use that too?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    First Post First Anniversary Name Dropper
    No such thing as your "first" defence. You file A defence, singular. If you have read post 2 of the newbies thread, you will know that you supply evidence only later, as part of a witness statement.

    However as this is CEL, it will neverget to a hearing or WS. They will fold before they have to pay the hearing fee.
  • GiaPetite
    GiaPetite Posts: 63 Forumite
    Combo Breaker First Anniversary
    Ahhh that's good news. So do you suggest that I use the photos in my first defence and compare them to the Beavis sign as proof that the signage was inaccurate?
  • Le_Kirk
    Le_Kirk Posts: 22,306 Forumite
    First Anniversary First Post Photogenic Name Dropper
    nosferatu1001 wrote: »
    No such thing as your "first" defence. You file A defence, singular. If you have read post 2 of the newbies thread, you will know that you supply evidence only later, as part of a witness statement.
    GiaPetite wrote: »
    Ahhh that's good news. So do you suggest that I use the photos in my first defence and compare them to the Beavis sign as proof that the signage was inaccurate?
    What do you think your "first" defence is, you've mentioned it twice despite having been told there is only ONE defence?
  • KeithP
    KeithP Posts: 37,628 Forumite
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    GiaPetite wrote: »
    So do you suggest that I use the photos in my first defence and compare them to the Beavis sign as proof that the signage was inaccurate?

    You must've read many Defences over the last week or so.

    How many did you see pictures in?

    Hint: A Defence is just text.

    Pictures are evidence, which is presented at a later stage.
  • Coupon-mad
    Coupon-mad Posts: 131,612 Forumite
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    The defence does not contain any photos or attachments.

    That comes later.
    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
  • GiaPetite
    GiaPetite Posts: 63 Forumite
    Combo Breaker First Anniversary
    Oh ok, my apologies I thought I should just back up my points as much as I could.

    What does this mean? 'No standing; this distinguishes this case from the Beavis case. It is believed Civil Enforcement Ltd do not hold a legitimate contract at this car park. As an agent, the Claimant has no legal right to bring such a claim in their name, which should be in the name of the landowner.'

    I called the landowner and they said Civil Enforcement have permission to be there as non residents and visitors were parking in the carpark but they don't make any money and are never notified when PCN's are issued. They also said there are time restrictions on visitors being there as there isn't a visitor bay for each resident so they need to be equally shared however it does not state on the signage how long people can stay for.
  • Coupon-mad
    Coupon-mad Posts: 131,612 Forumite
    Name Dropper First Post Photogenic First Anniversary
    It is putting CEL to proof of that landowner contract.

    Leave it in, this is their case to prove and they will not bother, when defences are strong.
    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
  • GiaPetite
    GiaPetite Posts: 63 Forumite
    Combo Breaker First Anniversary
    So can I send it off as it is via post or email? I've seen on some forums not to put it through the MCOL website as this completely ruins the formatting.
  • Coupon-mad
    Coupon-mad Posts: 131,612 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Correct, email it to the CCBCAQ email address, easily found when you Google for it.
    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
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