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Civil enforcement ltd vs bench machine

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  • #31
    Re: Civil enforcement ltd vs bench machine

    Here is my defence, do I need to include any evidence such as a picture of the sign showing that parking can be extended? Do i need to prove the receptionist wasnt there when I went to extend my parking?



    I am xxxxxxxxxx the defendant in this matter and registered keeper of vehicle ___. I currently reside at ____.


    I deny I am liable for the entirety of the claim for each of the following reasons:

    1. The Claim Form issued on the ____ by Civil Enforcement Limited was not
    correctly filed under The Practice Direction as it was not signed by a legal person but signed by “Civil Enforcement Limited (Claimant’s Legal Representative)”.

    2. The car park where the alleged parking infraction occurred, is at the Moorside Unit of Trafford General Hospital. The car park is available to staff and patients, who are allowed to park at the car park for 3 hours free of charge.
    3. According to https://www.gmmh.nhs.uk/moorside-unit, the Moorside unit is open 24/7

    4. The signage in the car park clearly states "Maximum 3 hour free parking If you need an extended free parking allowance please register at the hospital registration". The person responsible for extending parking allowance was the receptionist, whom would enter that person's licence plate number into the automated number plate recognition service.

    5. I worked at the hospital at the time of the alleged infraction as an xxxxxxxxxxxxxxxxxxx, I was responsible for seeing patients and advocating for them in ward meetings with their doctor. On the day in question my appointments over ran in terms of length.

    6. I realised that I may have had to park for more than 3 hours and went to the reception to request an extension of my parking allowance, however at the time I went to the reception all of the receptionists had gone home and there was nobody who could extend my stay.

    7. I therefore claim that frustration of my contract had taken place in that the owner of the car park had been unable to extend my free parking allowance. Taylor v Caldwell [1863] EWHC QB J1 shows that if one side is unable to perform their duties under the contract then that both sides are free from their obligations under the contract. Therefore I should be free from the obligation to pay a parking charge notice.

    7. The following day I contacted the receptionist and spoke to hospital staff and was informed that the landowner wouldn't take action and was told to ignore letters, therefore I argue a defence of promissory estoppel.

    8.The Claimant has added unrecoverable sums to the original parking charge. It is believed that the employee who drew up the paperwork is remunerated and the particulars of claim are templates, so it is simply not credible that £50 'legal representative’s (or even admin) costs' were incurred. I deny the Claimant is entitled to any interest whatsoever.!

    Comment


    • #32
      Re: Civil enforcement ltd vs bench machine

      Is the defence above OK?

      Comment


      • #33
        Re: Civil enforcement ltd vs bench machine

        4. The signage in the car park clearly states "Maximum 3 hour free parking If you need an extended free parking allowance please register at the hospital ?reception?"
        I would also recommend that you read OliverJB's thread, esp the bits about a certificate of service.
        http://www.legalbeagles.info/forums/...etter-Received
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #34
          Re: Civil enforcement ltd vs bench machine

          Originally posted by charitynjw View Post
          I would also recommend that you read OliverJB's thread, esp the bits about a certificate of service.
          http://www.legalbeagles.info/forums/...etter-Received
          So I am going to contact the court if I can tomorrow and ask about the certificate of service , if they haven't filed this would I ask the court to dismiss their claim.

          Comment


          • #35
            Re: Civil enforcement ltd vs bench machine

            I doubt the court would strike out the claim at this stage.
            Even if they were to consider the possibility they would probably ask you to put in an application to strike out or for summary judgment.
            You would have to pay a fee (£250ish?) & you might not be successful.
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #36
              Re: Civil enforcement ltd vs bench machine

              Originally posted by charitynjw View Post
              I doubt the court would strike out the claim at this stage.
              Even if they were to consider the possibility they would probably ask you to put in an application to strike out or for summary judgment.
              You would have to pay a fee (£250ish?) & you might not be successful.
              I've had a letter from the court stating this is a defended claim and suitable for allocation to the small claims track and I am asked to complete a n180 form and I am asked to state if I want to go into mediation. Should I go for mediation? Is this a sign that I haven't got a good case?
              Thanks

              Comment


              • #37
                Re: Civil enforcement ltd vs bench machine

                It's not a sign of anything really, just standard case management for claims like this.
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #38
                  I have received a letter from the court stating cel have discontinued the case. Thanks to all.

                  Comment


                  • #39
                    Well done
                    Sorry i'm just thinking out loud, it might be irrelevant, I am not employed in anyway in the legal profession, please ensure you research any advice I give before using it I have been known to be wrong on multiple occasions.

                    Comment

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