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    • Sydal
    • By Sydal 19th May 18, 5:08 PM
    • 13Posts
    • 1Thanks
    Sydal
    Civil enforcement limited fine.help
    • #1
    • 19th May 18, 5:08 PM
    Civil enforcement limited fine.help 19th May 18 at 5:08 PM
    I have never received a letter before that a parking company are pursuing an issue to court. I first got initial letter a month ago where it said they're taking this matter further to county court if I don't pay 320 pounds. It was due to the fact that my car was playing up literally mile away from the house and I was on the main road so pulled up in carpark as it was dangerous. Literally there for 15 mins or so. Don't even remember leaving the car. Then I left. I sent defence response to court saying I have received no other letters whatsoever regarding this i don't know what this is about and they can't just send me a letter out of nowhere regarding this with a huge amount. Saying it must be a mistake. I have now received a letter to fill out a dq and mediation options. I don't know what to do. Please help me with advise. I know this is random but I am panicking. I have read as much as I can but didn't put defense in a professional way like everyone has. Please help
Page 1
    • pogofish
    • By pogofish 19th May 18, 5:12 PM
    • 9,202 Posts
    • 9,601 Thanks
    pogofish
    • #2
    • 19th May 18, 5:12 PM
    • #2
    • 19th May 18, 5:12 PM
    Please read the Newbies Sticky at the top of this forum to properly inform yourself and edit your hijack of a discussion thread, then you will get some meaningful help.
    • KeithP
    • By KeithP 19th May 18, 6:26 PM
    • 11,374 Posts
    • 11,910 Thanks
    KeithP
    • #3
    • 19th May 18, 6:26 PM
    • #3
    • 19th May 18, 6:26 PM
    I don't know what to do.
    Originally posted by Sydal
    Post #2 of the NEWBIES FAQ sticky thread gives good guidance on how to deal with a court claim.

    Apart from everything else you need to know, there is specific guidance on how to answer all the questions on a Directions Questionnaire.
    .
    • Coupon-mad
    • By Coupon-mad 19th May 18, 6:51 PM
    • 64,896 Posts
    • 77,472 Thanks
    Coupon-mad
    • #4
    • 19th May 18, 6:51 PM
    • #4
    • 19th May 18, 6:51 PM
    I sent defence response to court saying I have received no other letters whatsoever regarding this i don't know what this is about and they can't just send me a letter out of nowhere regarding this with a huge amount. Saying it must be a mistake.
    OK...in your Witness Statement you might be able to squeeze in a 'no keeper liability' (no idea who was driving and the claimant cannot rely on the POFA) point.

    DQ stage is explained easily in the NEWBIES thread, just a form to fill in for now.
    • Sydal
    • By Sydal 21st May 18, 6:56 PM
    • 13 Posts
    • 1 Thanks
    Sydal
    • #5
    • 21st May 18, 6:56 PM
    • #5
    • 21st May 18, 6:56 PM
    I have never received a letter before that a parking company are pursuing an issue to court. I first got initial letter a month ago where it said they're taking this matter further to county court if I don't pay 320 pounds. I panicked and was not aware of the procedures. The thing is I didn't realise anything about this forum and i just replied on the defence on the paper that was sent. I then researched on here and then realised how much i messed up and hwo significant that defence document was. It was due to the fact that my car was playing up literally mile away from the house and I was driving on the main so due to the noises my engine was making and smoke out of the exhaust, i pulled up into the carpark as i just happened to be driving by the entrance of the hotel. Literally was there for 15 mins or so waiting to cool the car down and calling my dad for advise. Don't even remember leaving the car then after waiting for engine to cool down i left. I sent defence response to court as below;

    Firstly i have no idea what this claim form is about. I can see the date mentioned is July 2017 which is nearly one year ago. I am confused as to where this fine amount claimed of 320 has come from.The claimant is claiming 249 not for monies relating to a aprking charge. I have received nothing in the past 9 months and now I have a fine of this large amount. I am disputing this whole amount as i feel this is not fair and is causing me a great deal of stress and anxiety.

    This is what i wrote on the defense as i was not aware of the procedure or process and that there are forums with people in this situation. I have not wrote a defense even close to what people have wrote. I am not sure what to do or where to go from here.

    I wrote what i wrote thinking they will expand on my response and send further detials etc. i got a letter acknowledging receipt of my defense. i am on the DQ stage. Its not about following bargepoles advise as this has changed for me due to my initial interaction.

    I really dont know how to take things further. i went to the hotel today and it only says whilst entering that free carpark for hotel guests. literally thats it. and small metal notices in a few places. Nothing about Civil enforcement limited or fines or anything like that. In my defense i wrote that i dont remember and that i had heard nothing from CEL prior to them raising it with the court.

    ANY ADVISE WILL BE HELPFUL. I HAVE TO FILE THE DQ WITH THE COURT AND SERVE COPIES TO ALL OTHER PARTIES BY THE 4TH JUNE.
    Last edited by Sydal; 21-05-2018 at 7:58 PM. Reason: expanded on details.
    • Coupon-mad
    • By Coupon-mad 21st May 18, 6:58 PM
    • 64,896 Posts
    • 77,472 Thanks
    Coupon-mad
    • #6
    • 21st May 18, 6:58 PM
    • #6
    • 21st May 18, 6:58 PM
    I am not sure what to do or where to go from here. Is there anything i can do now as i am on the DQ stage.
    Already told you, not yet but at WS stage:
    OK...in your Witness Statement you might be able to squeeze in a 'no keeper liability' (no idea who was driving and the claimant cannot rely on the POFA) point.

    DQ stage is explained easily in the NEWBIES thread, just a form to fill in for now.
    • KeithP
    • By KeithP 21st May 18, 7:06 PM
    • 11,374 Posts
    • 11,910 Thanks
    KeithP
    • #7
    • 21st May 18, 7:06 PM
    • #7
    • 21st May 18, 7:06 PM
    I don't mean to waste anyones time, i just need honest advise.
    Originally posted by Sydal
    And that is what you are getting.

    Fill in the Directions Questionnaire following the guidance offered by Bargepole linked from post #2 of the NEWBIES FAQ thread.

    That's it for the moment.
    .
    • Sydal
    • By Sydal 21st May 18, 7:36 PM
    • 13 Posts
    • 1 Thanks
    Sydal
    • #8
    • 21st May 18, 7:36 PM
    • #8
    • 21st May 18, 7:36 PM
    sorry everyone. i am new to this
    • Sydal
    • By Sydal 21st May 18, 8:05 PM
    • 13 Posts
    • 1 Thanks
    Sydal
    • #9
    • 21st May 18, 8:05 PM
    • #9
    • 21st May 18, 8:05 PM
    so just to clarify i will get a chance to expand on everything i have already wrote is that right? it was vague in my defence and didnt cover hardly anything that other people have wrote and advised.

    The main is the witness statements.? I still can add what people have put in the defence am i right.it doesnt cover that question anywher hence why i am asking.
    • KeithP
    • By KeithP 21st May 18, 8:07 PM
    • 11,374 Posts
    • 11,910 Thanks
    KeithP
    Please read again post #6.

    For clarity, here it is again:
    Already told you, not yet but at WS stage:
    Originally posted by Coupon-mad
    .
    • Sydal
    • By Sydal 21st May 18, 8:08 PM
    • 13 Posts
    • 1 Thanks
    Sydal
    hello. thank you for your help. i didnt put anything in my defence compared to what i should have and in no legal terms etc. thats why i wanted to know wil i still be able to fight my case. And
    • Coupon-mad
    • By Coupon-mad 21st May 18, 9:41 PM
    • 64,896 Posts
    • 77,472 Thanks
    Coupon-mad
    You can put the story of what happened as an honest account in the Witness Statement.

    If that true story is that you never received any PCN or letters until this court claim and do not believe you can be held liable as registered keeper, then that's BETTER than guessing it might have been a day when the 'car was playing up'.

    No.
    • Sydal
    • By Sydal 24th May 18, 6:03 PM
    • 13 Posts
    • 1 Thanks
    Sydal
    thank you. sent dq off to both parties. when i get a reply will post for further updates. coupon mad and all appreciate the help
    • Sydal
    • By Sydal 24th May 18, 6:13 PM
    • 13 Posts
    • 1 Thanks
    Sydal
    You can put the story of what happened as an honest account in the Witness Statement.

    If that true story is that you never received any PCN or letters until this court claim and do not believe you can be held liable as registered keeper, then that's BETTER than guessing it might have been a day when the 'car was playing up'.

    No.
    Originally posted by Coupon-mad
    i dont think i will mention that i went into the carpark. i dont have to tell them that and can say didnt receive any letters and no keepers liabilty element.??? Can i write that i even went to the carpal and there was no signs whatsoever. because i actually did go back and it only says free parking for hotel customers. no mention of parking otherwise and no fines or car park company names or anything. Would that be weird mentioning that as i wont be saying i parked there???. i can say for extra evidence as in even if i was to park there hypercritically which i didnt etc etc there was no adequate signs etc.
    • Umkomaas
    • By Umkomaas 24th May 18, 10:31 PM
    • 20,702 Posts
    • 32,607 Thanks
    Umkomaas
    i dont think i will mention that i went into the carpark.
    Well, you just have on a public forum! You aren't publishing on a closed, 'members only' site, and PPCs monitor and take screen dumps of posts that help their case.

    dont have to tell them that and can say didnt receive any letters
    If that's the truth, ok. But if it's a lie, are you prepared to chance a perjury charge in court if you sign a 'Statement of Truth' on that basis?

    There seems to be a clutching at straws in your post. Keep things on the 'straight and narrow', you do not need to sink to the same level as the PPC chasing you.

    I for one (and I'm sure all other regulars) won't advise bending any truths.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • Sydal
    • By Sydal 8th Aug 18, 11:36 AM
    • 13 Posts
    • 1 Thanks
    Sydal
    Hey guys, i have to do my witness statement. i dont know where to find templates and what to include. Can i please get some help.
    • KeithP
    • By KeithP 8th Aug 18, 1:28 PM
    • 11,374 Posts
    • 11,910 Thanks
    KeithP
    Hey guys, i have to do my witness statement. i dont know where to find templates and what to include. Can i please get some help.
    Originally posted by Sydal
    Re-read post #3. Particularly this sentence:
    Post #2 of the NEWBIES FAQ sticky thread gives good guidance on how to deal with a court claim.
    Originally posted by KeithP
    .
    • Sydal
    • By Sydal 22nd Aug 18, 9:36 AM
    • 13 Posts
    • 1 Thanks
    Sydal
    I dont know if my witness statement is sufficient. My court date is coming up and I'm getting nervous.
    • nosferatu1001
    • By nosferatu1001 22nd Aug 18, 12:18 PM
    • 4,176 Posts
    • 5,015 Thanks
    nosferatu1001
    What have you done in the last 2 weeks?
    You havent shown us anything yet
    We cannto possibly help if you dont show us SOMETHING!
    The longer you wait before doing anything, the less time we have to help and the less willing we are to.
    • Coupon-mad
    • By Coupon-mad 26th Aug 18, 4:31 PM
    • 64,896 Posts
    • 77,472 Thanks
    Coupon-mad
    I dont know if my witness statement is sufficient. My court date is coming up and I'm getting nervous.
    Originally posted by Sydal
    Tell us what the WS said & what evidence you served and filed with it.

    Which local court, please? Some are great. Some not.
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