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  • FIRST POST
    • Steo18
    • By Steo18 21st Mar 18, 4:24 PM
    • 31Posts
    • 4Thanks
    Steo18
    [DRAFT DEFENCE ADVICE] CE Enforcement fine
    • #1
    • 21st Mar 18, 4:24 PM
    [DRAFT DEFENCE ADVICE] CE Enforcement fine 21st Mar 18 at 4:24 PM
    Hello,

    I am wondering if anyone would be able to help me. Back late last year i had to go to my aunties as my Grandad was ill in hospital and ended up sadly passing away. Where my aunty live there is a private car park at which i parked my car.
    My cousin phoned the company and authorosed my car to park there which i thought was fine at the time.

    I come home and a few days later receive a parking fine from them. After making enquiries they state that my cousin give the first two letters of my registration plate incorrectly so was not complying with their terms.

    I tried appealing this with POPLA as we was all very tired after a long day at the hospital and mistakes happen (im assuming it was my cousins fault) but this was declined.

    I have since ignored letters from them because i refuse to pay as i had permission to park in their car park. I have now received a letter to pay 140 within 14 days otherwise it will go to court/debt collector etc. Unfortunately i ripped this letter up and threw it out with temper because i am so annoyed. I tried explaining all the situation to the company but they had no heart given the situation i was in and just added to the stress.

    Any advice on what i can do as im sure its now going to go to court?

    Thanks

    DRAFT DEFENCE ON PAGE 2
    Last edited by Steo18; 19-10-2018 at 4:04 PM. Reason: Change title
Page 1
    • Redx
    • By Redx 21st Mar 18, 4:46 PM
    • 20,410 Posts
    • 25,764 Thanks
    Redx
    • #2
    • 21st Mar 18, 4:46 PM
    • #2
    • 21st Mar 18, 4:46 PM
    nothing to do as yet but do not rip up any more letters

    wait and see if a formal LBC or an MCOL come in the post, then deal with them (and only them)- CEL have 6 years to try a court claim

    IGNORE any debt collector letters but keep them all in a folder
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • The Deep
    • By The Deep 21st Mar 18, 8:17 PM
    • 11,009 Posts
    • 10,974 Thanks
    The Deep
    • #3
    • 21st Mar 18, 8:17 PM
    • #3
    • 21st Mar 18, 8:17 PM
    It is not a fine, it is an invoice for damages for an alleged breach of contract.

    If this went to court they might struggle to convince a judge that the motorist caused them 100 of damage.

    De minimus not curat lex.

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.
    Last edited by The Deep; 21-03-2018 at 8:19 PM.
    You never know how far you can go until you go too far.
    • Steo18
    • By Steo18 29th Mar 18, 2:08 AM
    • 31 Posts
    • 4 Thanks
    Steo18
    • #4
    • 29th Mar 18, 2:08 AM
    • #4
    • 29th Mar 18, 2:08 AM
    Thanks - I will wait for the court letter to come in the post and update this threat !!!55357;!!!56832;
    • Loadsofchildren123
    • By Loadsofchildren123 29th Mar 18, 9:59 AM
    • 2,446 Posts
    • 4,072 Thanks
    Loadsofchildren123
    • #5
    • 29th Mar 18, 9:59 AM
    • #5
    • 29th Mar 18, 9:59 AM
    How can they prove it was your cousin's mistake, not theirs? Your cousin should be adamant that they gave the correct reg.


    A claim is for the CLAIMANT (ie the PPC) to prove. They won't be able to prove whose mistake it was.


    In any event, a mistake of that nature is de minimis and not worth bothering the court with. They could easily have cancelled the PCN when they saw there was a mistake, particularly when they cannot prove whose mistake it was.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
    • Steo18
    • By Steo18 13th Apr 18, 12:37 PM
    • 31 Posts
    • 4 Thanks
    Steo18
    • #6
    • 13th Apr 18, 12:37 PM
    • #6
    • 13th Apr 18, 12:37 PM
    Very true! This is my argument... It seems so petty. It wasn't as if I I didn't try to park there complying with their terms... It is very annoying!
    I'm sure I will receive a court letter any time soon.
    • nosferatu1001
    • By nosferatu1001 13th Apr 18, 12:49 PM
    • 4,158 Posts
    • 5,007 Thanks
    nosferatu1001
    • #7
    • 13th Apr 18, 12:49 PM
    • #7
    • 13th Apr 18, 12:49 PM
    Court claim form, not letter.
    Different mind set.

    I would robustly respodn telling them that this is a trviiality the court should nto be concerned with, so you will apply to hae the claim struck as de minimis.
    • The Deep
    • By The Deep 13th Apr 18, 1:16 PM
    • 11,009 Posts
    • 10,974 Thanks
    The Deep
    • #8
    • 13th Apr 18, 1:16 PM
    • #8
    • 13th Apr 18, 1:16 PM
    I agree with the Count. numberplate mistakes are not something thast a PPC would e able to convince a judge hae damaged them to the tune of 100. Let them take you to court where justice will surely take place.
    You never know how far you can go until you go too far.
    • Toppo1960
    • By Toppo1960 13th Apr 18, 1:24 PM
    • 2 Posts
    • 0 Thanks
    Toppo1960
    • #9
    • 13th Apr 18, 1:24 PM
    • #9
    • 13th Apr 18, 1:24 PM
    These people are bullies... IGNORE just like I have; I have had a debt agency letter for 160 as my wife's ticket had blown over when she shut the door. I am going to act as a McKenzie Friend and appear before the beak!! If it gets that far.
    • Steo18
    • By Steo18 31st May 18, 5:43 PM
    • 31 Posts
    • 4 Thanks
    Steo18
    They are indeed bullies! Penalising people when trying to comply with things but it's not good enough...
    Further two letters received... Latest from a solicitor asking for 236.00 within 14 days otherwise they are passing this to their litigation department to look to obtain a Ccj.

    Do I reply to the solicitor or still ignore?
    • KeithP
    • By KeithP 31st May 18, 5:52 PM
    • 11,345 Posts
    • 11,874 Thanks
    KeithP
    They are indeed bullies! Penalising people when trying to comply with things but it's not good enough...
    Further two letters received... Latest from a solicitor asking for 236.00 within 14 days otherwise they are passing this to their litigation department to look to obtain a Ccj.

    Do I reply to the solicitor or still ignore?
    Originally posted by Steveno1091
    Ignore. It's a debt collector's letter.
    .
    • Steo18
    • By Steo18 31st May 18, 5:57 PM
    • 31 Posts
    • 4 Thanks
    Steo18
    Will do! Thank you :-)
    • Steo18
    • By Steo18 4th Oct 18, 9:50 PM
    • 31 Posts
    • 4 Thanks
    Steo18
    Hello,

    I have come home today and received a claim form from the County Court for this fine.

    I really don't know where to start in putting my appeal together as when I search the forums I can't find anyone that has had a similar issue to me.
    As stated previously a family member registered my car to stay in the car park but got a couple of letters wrong. There was no other persons in the car park with a similar index to me.
    Any advice would be much appreciated as they are now asking for 328.54

    Kind regards
    Ste
    • KeithP
    • By KeithP 4th Oct 18, 9:59 PM
    • 11,345 Posts
    • 11,874 Thanks
    KeithP
    What is the Date of Issue on your Claim Form?

    Please can you show us exactly what is in the Particulars of Claim box - redacting reg nos and name of course.
    .
    • Coupon-mad
    • By Coupon-mad 4th Oct 18, 10:02 PM
    • 64,896 Posts
    • 77,471 Thanks
    Coupon-mad
    https://forums.moneysavingexpert.com/showthread.php?p=74874243#post7487424

    Fed up with typing that. Why don't people just go to the NEWBIES thread first? You do have an idea what to do, the Sticky thread tells you how to win this at this stage.

    I really don't know where to start in putting my appeal together
    What appeal are you talking about, this is NOT at appeal stage.

    as when I search the forums I can't find anyone that has had a similar issue to me.
    You are joking.

    We have court claims EVERYWHERE, all the same, pretty much. And as for not being able to find all the dozens of current cases like this:

    I come home and a few days later receive a parking fine from them. After making enquiries they state that my cousin give the first two letters of my registration plate incorrectly so was not complying with their terms.
    all I can say is what were you using as your search terms, how can you not find the other threads?

    Try wrong VRN defence
    • Steo18
    • By Steo18 4th Oct 18, 10:45 PM
    • 31 Posts
    • 4 Thanks
    Steo18
    What is the Date of Issue on your Claim Form?

    Please can you show us exactly what is in the Particulars of Claim box - redacting reg nos and name of course.
    Originally posted by KeithP
    Thanks for your reply - I can confirm I have done the acknowledgement of service.

    the particulars state:
    Claims for monies relating to a Parking Charge for parking in a private car park managed by the Claimant in breach of the terms + conditions. Drivers are allowed to park in accoredance with T+Cs of use. ANPR cameras and/or manual patrols are used to monitor vehicles entering + exiting the site.
    Debt + damages claimed the sum of 236.00
    Violation date - ***
    Time in *** time out ***
    PCN REF ***
    Car reg no ***
    Car park **

    total due 236.00
    Ref:www.ce-service.co.uk or tel: 01158255020
    The claimant claims the sum of 253.54 for monies relating to a parking charge per above including 17.54 interest pursuant to s.69 of the County Courts Act 1984.
    Rate 8.00% pa from dates above to 28/09/18
    Same rate to judgement or (sooner) payment
    daily rate to judement 0.05
    total debt and interest due 253.54
    • Steo18
    • By Steo18 4th Oct 18, 10:47 PM
    • 31 Posts
    • 4 Thanks
    Steo18

    What appeal are you talking about, this is NOT at appeal stage.
    Apologies, I meant to defense.

    I have had a look at the newbie forum but I am still confused where to start. I will do as you said and try search Wrong VRN defence and see if that helps.
    This is the first time I have ever had to do anything like this and the legal system seems scary to come up against!
    • Coupon-mad
    • By Coupon-mad 4th Oct 18, 10:54 PM
    • 64,896 Posts
    • 77,471 Thanks
    Coupon-mad
    You read the post with #2 top right of it, in the NEWBIES thread.
    • KeithP
    • By KeithP 4th Oct 18, 11:22 PM
    • 11,345 Posts
    • 11,874 Thanks
    KeithP
    Thanks for your reply - I can confirm I have done the acknowledgement of service.
    Originally posted by Steveno1091
    Is that your answer to my question...
    What is the Date of Issue on your Claim Form?
    Originally posted by KeithP
    .
    • Steo18
    • By Steo18 4th Oct 18, 11:29 PM
    • 31 Posts
    • 4 Thanks
    Steo18
    Is that your answer to my question...
    Originally posted by KeithP
    Sorry Keith, it has been a long day... my mistake. The issue date is: 01 OCT 2018.

    Thanks
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