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CEL Claim Form Defence.

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Headache88
Headache88 Posts: 7 Forumite
in Parking tickets, fines & parking
Hi, first time posting but been reading up for a while, I've received a Claim Form from Civil Enforcement LTD after ignoring PCN for many months, I'm after a bit of advice for my defence.

I've completed the AoS, and written to my local MP, now filling in a defence and was hoping someone would be able to cast an eye over it and tell me how to edit it, or be kind enough to edit it for me, or if I'd be better to scrap it and edit one of the posts in the defence section in post #2 of Newbies section to suit my needs, just looking over those defences I'm not entirely sure how to edit to suit my needs.

I'll post my defence below and wait for advise as to how to edit it, I'll also post a link to the claim form I've received in case that is of any help.

Many thanks.
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  • Headache88
    Headache88 Posts: 7 Forumite
    edited 20 April 2019 at 9:21PM
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    IN THE COUNTY COURT


    CLAIM No: xxxx


    BETWEEN:


    Civil Enforcement Ltd (Claimant)

    -and-

    name (Defendant)

    DEFENCE


    I am NAME, the defendant in this matter and the registered keeper of vehicle CAR REG. I deny I am liable for the entirety of the claim on the following grounds:

    1. The Defendant is the registered keeper of the vehicle in question. The Claim relates to a parking fine received when parking at DATE AND LOCATION.

    The Parking Ticket was received after the defendant paid £1 for the parking, the car arrived at TIME but when the defendant went to pay the ticket it had gone TIME and according to signage after this time it was £1 to park. Information through use of a SAR has been requested regarding cars that paid on this date at the car park, and also amounts paid as ticket purchased was not kept.

    2. Upon driving into the car park the defendant did not see any clear signage stating that they only had 10 minutes to purchase a parking ticket, therefor they waited in the car for family who were also parking at the LOCATION, if there were no spaces both cars would have gone elsewhere.

    3. Parking fine letters were sent to an incorrect address that the defendant no longer lives at, henceforth when the subject letters were collected it may have been months after they were sent to the address.

    3.1 The Defendant feels that the extra charges occurred due to this failure in sending the letters to the current address are ultimately unfair and shouldn’t be added to the original fine, and has written to their local MP about these charges with the Parking (Code of Conduct) Act 2019 recently being brought in to effect, to regulate the private parking industry.

    4. The notice to keeper failed to arrive until a month had passed, therefore the time in which the landowner had to issue the parking charge had elapsed, meaning the charge is unenforceable.

    I believe the facts contained in this Defence are true.

    name

    signature

    20/04/2019
  • Redx
    Redx Posts: 38,084 Forumite
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    edit the above and remove personal details for a start


    add those details in at the final draft (but not on here)
  • Umkomaas
    Umkomaas Posts: 41,355 Forumite
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    edited 20 April 2019 at 9:23PM
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    Looks more akin to a Witness Statement. What happened on the day is not for the Defence.

    You need to look carefully at the claimant’s Particulars of Claim (PoC) on the court claim form and respond to those in your defence. You need to shape the defence around the example provided by legally qualified regular contributor bargepole - you’ll find it in the NEWBIES FAQ sticky, post #2.

    There are plenty of CEL defences on the forum. Do a keyword search on ‘CEL Defence’ and learn from recent defences (last 3-4 months) and work from those.

    HOW TO USE THE FORUM SEARCH FUNCTION:

    Hit your 'Back' button to get back to the forum thread list. On the bar just above the threads you'll see the 'Search' function. Click on the 'Advanced Search' button and on the following page place your keyword(s) in the 'Search By Keyword(s)' and make sure the 'Show Results As' button (at the foot of the window) is changed from 'Threads' to 'Posts'.
    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
  • Redx
    Redx Posts: 38,084 Forumite
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    agreed , here is what CM said about this

    most people can use bargepole's concise template defence from the NEWBIES thread, and add in a point or two about the facts of the case/contravention/why they are not liable.
    And a point about no landowner authority as seen in other defences.
  • Headache88
    Headache88 Posts: 7 Forumite
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    Thanks, removed some but completely missed name in opener, and didn't think to remove location, time etc.
  • KeithP
    KeithP Posts: 37,650 Forumite
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    What is the Issue Date on your Claim Form?

    Did it come from the County Court Business Centre in Northampton, or from some where else?
  • Headache88
    Headache88 Posts: 7 Forumite
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    the issue date is the 15th April 2019
    the court address is listed as Northampton yes.
  • KeithP
    KeithP Posts: 37,650 Forumite
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    Headache88 wrote: »
    the issue date is the 15th April 2019
    the court address is listed as Northampton yes.
    With a Claim Issue Date of 15th April, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 20th May 2019 to file your Defence.

    That's a whole month away. Loads of time to produce a perfect Defence and it is good to see that you are not leaving it to the last minute.


    When you are happy with the content, your Defence should be filed via email as suggested here:
      Print your Defence.
    1. Sign it and date it.
    2. Scan the signed document back in and save it as a pdf.
    3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
    4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
    5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
    6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
    7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.
  • Coupon-mad
    Coupon-mad Posts: 131,747 Forumite
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    Show us a proper defence draft, not written from scratch about the story of what happened.

    :)
    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
  • Headache88
    Headache88 Posts: 7 Forumite
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    How do you know exactly what to put into your defense? All of the drafts i have found on here are completely unrelated to our situation.

    I am NAME, the defendant in this matter and the registered keeper of vehicle XXXXX. I deny I am liable for the entirety of the claim on the following grounds:

    1. The Defendant is the registered keeper of the vehicle in question. The Claim relates to a parking fine received when parking at PLACE on DATE. Signage at the entrance of the car park did not specify terms and conditions of parking and purchasing a ticket within 10 minutes.

    2. A ticket was purchased after 18:00 upon arrival at 17:57 and the correct fee was paid, a SAR has been requested from the carpark on all car registrations on this date and amounts paid.

    Are these valid points or are they still too Personal as such.
    Very confused about this all.
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