CEL 3 year old Ticket and CCBC

KeithP · 20 January 2019 at 5:08PM

MRL170 wrote: »

...I received the Claim Form. I have acknowledged the claim...

What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

MRL170 wrote: »

The letter they have sent to me is addressed to my company then my name after it which was a filing error by DVLA does that matter? The car should have just had my name on it. Or for continuity should my defence be from the "Company name my name"?

Are you saying that the Defendant named on the Claim Form is a company?

It is the Defendant named on the Claim Form that must defend the case.
That may be quite handy, as there is no way a company could possibly have been the driver.

Have you seen The NHS patient, visitor and staff car parking principles?

Particularly this bit:

Contracted-out car parking

NHS organisations are responsible for the actions of private contractors who run car parks on their behalf.

MRL170 · 20 January 2019 at 5:41PM

KeithP wrote: »

What is the Issue Date on your Claim Form?

16th Jan 2019

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

Yes it has come from them

Are you saying that the Defendant named on the Claim Form is a company?

The defendant name is stated as "Comapany FirstName LastName" all in one line.

It is the Defendant named on the Claim Form that must defend the case.
That may be quite handy, as there is no way a company could possibly have been the driver.

Have you seen

Particularly this bit:

They are a private practice apparently, they have been all over the local news paper with their car park.

KeithP · 20 January 2019 at 6:15PM

16th Jan 2019

With a Claim Issue Date of 16th January, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 18th February 2019 to file your Defence.

That's four weeks away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.

When you are happy with the content, your Defence should be filed via email as suggested here:

Sign it and date it.
Scan the signed document back in and save it as a pdf.
Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
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'.
Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
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.

The defendant name is stated as "Comapany FirstName LastName" all in one line.

That is interesting.

As there is no entity called "Company FirstName LastName", I cannot see how any one person or thing can be the Defendant.

It could be that the Claim is wrongly served.

But I am not a lawyer, so perhaps wait for a further opinion.

Coupon-mad · 20 January 2019 at 6:20PM

The company name thing will help!

Defend as 'the company' (no saying it's a DVLA error) and point out that a driver visiting the Doctor's Surgery is clearly not acting on company business so the company cannot be held liable on an agency basis ( say that, should the Claimant should try to rely on CPS v AJH Films, they have no case as there is no agency liability).

But you have time to work on your defence - and NO doing it on MCOL!

I tried to contact the software support desk but as I wasn't a client they would not speak to me.

If you know who runs the software, send them and CEL a SAR asking for the data held about that VRN which was input on xx/xx/15 (or whatever date).

DO NOT write 'I input' or anything else that suggests who was driving.

Have you acknowledged this on MCOL, as the NEWBIES thread shows in pictures?

Then you can do a defence but get the SAR in to CEL and the software company - as data processors they MUST reply to you, or alternatively state that CEL are the data processor and CEL must then supply the data.

SAR is explained in post #2 of the NEWBIES thread - which is your go-to thread.

MRL170 · 20 January 2019 at 7:57PM

I did manage to find someone else who got nobbled at the same Dr's on Pepipo and they took a picture back in 2016. s!AhEAfdifsdv7gtZla8ZEBITgog8krA

^ Need to add the h t t p in as I am a newbie and not allowed!

KeithP · 20 January 2019 at 8:04PM

https://1drv.ms/f/s!AhEAfdifsdv7gtZla8ZEBITgog8krA

That is a forbidding sign.

There is not way a contract can be formed based on that sign.

Coupon-mad · 20 January 2019 at 8:15PM

Have you acknowledged this on MCOL, as the NEWBIES thread shows in pictures?

MRL170 · 20 January 2019 at 8:54PM

Yes all done in that respect have the confirmation email that I intend to defend all of this claim.

Coupon-mad · 20 January 2019 at 11:54PM

OK, so now proceed as per post #14.

MRL170 · 21 January 2019 at 8:53AM

Coupon-mad wrote: »

OK, so now proceed as per post #14.

Sorry this must be a newbie thing I am unsure which Post#14 is? Is it that I need to do a SAR request or is it prepare my defence?

Also do I ignore my previous accusation highlighting their software and hardware being subject to bugs?

CEL 3 year old Ticket and CCBC

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