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  • FIRST POST
    • koby83
    • By koby83 4th Oct 18, 7:55 PM
    • 22Posts
    • 6Thanks
    koby83
    claim form from CEL he;p needed on how to play it
    • #1
    • 4th Oct 18, 7:55 PM
    claim form from CEL he;p needed on how to play it 4th Oct 18 at 7:55 PM
    Can anyone please help with how i play this.
    I got a fine from CEL for overstaying by approx half an hour on one of there car parks
    They have ANPR and sent me pictures of my car entering and leaving.
    Now this is a car park which is free for 3 hours. It appears that the driver most of overstayed, I do however have gym membership for a gym thats customers are allowed to use this car park. Initially the gym was the only business on the car park, then other units popped up so we were given a sticker for our car which meant that we could stay as long as we want. Then things changed and more units came so they made the car park free for all for 3 hours.
    My point is, my car was alleged to of overstayed but as the car park is free they have no loss in earning so therefor their demand for 350 is very steep. Also with me having a gym membership i am contributing to the site anyway.
    I have had a claim form and aim to fight this in court and will be acknowledging so
    p.s. i have had lots of letters, debt collector and solicitor letters but i ignored them all.
    Last edited by koby83; 12-10-2018 at 10:41 PM.
Page 3
    • Redx
    • By Redx 12th Oct 18, 11:00 PM
    • 19,645 Posts
    • 24,935 Thanks
    Redx
    edit the post and change this top line



    yes i will email a pdf that is what i meant. So here is my KEEPER defence i think....
    there was no "fine" so never use that legal word, it does not apply here

    its a pcn , a private Parking Charge Notice , OR another word is INVOICE


    you fell into your trap of using the banned words again


    , THE DRIVER may have spent time looking for a space/queuing to get off the car park so the anpr has only recorded the vehicle coming and going it is not an indicator of the length of time parked!!
    you need to be more careful in your choice of words , as if retelling the story told to you by somebody else


    no "MY , ME , MYSELF & I"

    some spelling errors too, like POFA2012 in 4) , you added an extra number
    Last edited by Redx; 12-10-2018 at 11:06 PM.
    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
    • koby83
    • By koby83 12th Oct 18, 11:20 PM
    • 22 Posts
    • 6 Thanks
    koby83
    done!
    would you include time looking for a space arguement or is that complicating the issue?
    • Redx
    • By Redx 12th Oct 18, 11:25 PM
    • 19,645 Posts
    • 24,935 Thanks
    Redx
    you can add someting about GRACE PERIODS and study the relevant CoP to see what is said about them, stating that you believe the driver had problems looking for a space etc, or maybe something you can expand on in the witness statement later

    BUT, a judge is more likely to give weight to driver testimony, rather than a keeper, hence why some defences are better put by the driver

    but for POFA2012, its a defence by the KEEPER, who may know some details about what happened on the day to the driver

    its a quandary isnt it ? but bear in mind that a WS comes later in this process, a few weeks before any court case, so it can be expanded upon then, as long as grace periods are mentioned now
    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
    • koby83
    • By koby83 12th Oct 18, 11:29 PM
    • 22 Posts
    • 6 Thanks
    koby83
    yes and im really unsure on which to use
    maybe i should just leave it as is and then it wont complicate matters as it did take 29 days for them to issue the pcn so therefore i have a definitive arguement
    • koby83
    • By koby83 12th Oct 18, 11:31 PM
    • 22 Posts
    • 6 Thanks
    koby83
    also the signs at the carpark are really shody and faded. should i include a picture of this in the pdf or do i save that for if and when i go to court?
    • Redx
    • By Redx 12th Oct 18, 11:35 PM
    • 19,645 Posts
    • 24,935 Thanks
    Redx
    evidence and WS are a few weeks before the court date, not now

    have you read the walkthrough by member BARGEPOLE ? , posted on here 2 years ago and still valid now ?

    POFA2012 compliance is a powerful argument as you rightly say, so if they failed it then the keeper is in theory not regarded as liable

    if they decide to throw the towel in it may not even get as far as sending in the WS and signage pics
    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
    • koby83
    • By koby83 12th Oct 18, 11:44 PM
    • 22 Posts
    • 6 Thanks
    koby83
    well the alleged pcn was for the 1/8/16 the issue date was 30/8/16 so it seems that they failed but when pointed out in a response to them they said "there is no legal requirement to send out the pcn within 14days of the incident day as there is no referencr to POFA on this ticket, your interpretation of the Act is incorrect"
    • Redx
    • By Redx 12th Oct 18, 11:49 PM
    • 19,645 Posts
    • 24,935 Thanks
    Redx
    they are right , if they were telling this to the driver

    but as they are telling this to the KEEPER, then the KEEPER has no liability and is under no obligation to name the driver

    so they can go swivel so stick to the KEEPER defence , lol

    POFA2012 is not mandatory, but if they fail to adhere to POFA then they cannot expect to beat a keeper appeal or keeper defence


    basically you are saying , "look , I am the keeper and am not legally responsible for your invoice , so F R O !!" LOL
    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
    • koby83
    • By koby83 12th Oct 18, 11:50 PM
    • 22 Posts
    • 6 Thanks
    koby83
    ahhh get it now, they dont make this easy!!!
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