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CEL CCC - Directions Questionnaire (Title changed for attention)
Comments
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start with the BARGEPOLE CONCISE defences as I said earlier (not your situation)
signage is a good legal argument, as it forms the basis of the contract
CEL need permission "flowing from" the landowner in order to pursue claims (so contracts showing it passing down the line from the landowner to them , even if its through third parties)
read the BPA CoP, england section, tells you all about "grace periods" in clause #13 (have you not even read the BPA CoP yet ?)
decide on if this is a keeper defence or a driver defence too, because there are differences, especially after what you said above
by all means obtain evidence, but it wont be submitted for months yet, its the defence you must concentrate on0 -
If the signage is anything like my Sainsbury's its pants - you might want to have a look
Mind you, none of the signs were I live, are compliant with the Data Protection Act 2018Private Parking Tickets - Make sure you put your Subject Access Request in after 25th May 2018 - It's free & ask for everything, don't forget the DVLA0 -
I rather suspect that this isn't a Sainsbury's/CEL arrangement - they are not usual bedfellows. Possibly a multi-retailer site (@OP, is this the case?), with CEL engaged by the Managing Agent - if so, who the MA is should be determined and a complaint fired in their direction. That's where the Eq Act angle might be better explored.
But don't be distracted from getting your defence sorted - that's your immediate priority.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 Street0 -
nosferatu1001 wrote: »OP - go check the newbies thread
Post 2
You can easily find this. Page 1 of the forum, about three from the top
You have to do the legwork on this. SHow us your draft defence ASAP.
Ok first stab at a defence - please be kind! I also wanted to somehow articulate that they haven't produced any evidence of the so called contravention.. but not sure this is relevant
Thanks in advance!
IN THE COUNTY COURT
CLAIM No: xxxxxxxxxx
BETWEEN:
Civil Enforcement Ltd (Claimant)
-and-
xxxxxxxxxxxx (Defendant)
DEFENCE
1.The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.
2. The facts are that the vehicle, registration XXXX, of which the Defendant is the registered keeper, was parked on the material date in a marked bay at Sainsbury’s Local Supermarket 324 Hook Rd, Chessington, Surrey
3. The Particulars of Claim state that the Defendant xxxx was the registered keeper and/or the driver of the vehicle(s) xxxxxx These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.
4. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.
5. The Claimant has produced no evidence to substantiate their claim. CCTV images claiming to detail the vehicle entering and leaving the car park show no evidence of the surrounding location and the images are not time stamped.
6. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.
7. The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £136, for ‘debt and damages’ which no calculation or explanation is given, and which appears to be an attempt at double recovery.
In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.
I believe the facts contained in this Defence are true0 -
start with the BARGEPOLE CONCISE defences as I said earlier (not your situation)
signage is a good legal argument, as it forms the basis of the contract
CEL need permission "flowing from" the landowner in order to pursue claims (so contracts showing it passing down the line from the landowner to them , even if its through third parties)
read the BPA CoP, england section, tells you all about "grace periods" in clause #13 (have you not even read the BPA CoP yet ?)
decide on if this is a keeper defence or a driver defence too, because there are differences, especially after what you said above
by all means obtain evidence, but it wont be submitted for months yet, its the defence you must concentrate on
Give me time i'm getting there :rotfl:I've had a first stab feel free to critique as you see fit!0 -
I rather suspect that this isn't a Sainsbury's/CEL arrangement - they are not usual bedfellows. Possibly a multi-retailer site (@OP, is this the case?), with CEL engaged by the Managing Agent - if so, who the MA is should be determined and a complaint fired in their direction. That's where the Eq Act angle might be better explored.
But don't be distracted from getting your defence sorted - that's your immediate priority.
No idea to be honest - I called Sainsbury's customer service land line, was told nothing they can go it's a different company, was advised to call the store directly, Manager was away, spoke to a very unhelpful woman who said nothing they can do, even staff get fined for parking there!0 -
No idea to be honest
I'll try again. Is it a multi-retailer site with Sainsburys being just one of the retailers there? Or, is it an exclusive site with only Sainsburys operating from it?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 Street0 -
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Update - Have received notification from Sainsbury's head office that the car park is not even owned by them! So nothing they can do to stop the action0
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Update - Have received notification from Sainsbury's head office that the car park is not even owned by them! So nothing they can do to stop the action
Write back and ask them who does. You could also call the council and ask who pays the non domestic rates on the car park.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 Street0
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