CEL from 2012! Help needed please. SUCCESS !!!

[Amethyst]

Re: CEL from 2012! Help needed please.

Documents. I think those are the major ones. Parking Charge notice, court claim and defence.

[Amethyst]

Re: CEL from 2012! Help needed please.

Mummy (lol) I haven't posted up the communications from TS as I don't think they are necessary at the moment.

If you can get a better picture of the sign that you can read the text on that'd be good (I had a quick look on Google streetview but that's as blurry...and by goodness there's a lot of KFC's in Blackpool lol )

M1 - I do have other bits like court allocation etc but I think these are the main parts I have posted.

Bluebottle - the 'other' claim form is a copy of this one before it was sealed.

[Not a happy Mummy]

Re: CEL from 2012! Help needed please.

Thanks for taking the time to sort my documents on here . I am unable to open them though, can you?

Do I just and hope someone will read and be able to further advise or do I need to actually go and see someone?
Thanks again - much appreciated

[Not a happy Mummy]

Re: CEL from 2012! Help needed please.

Thanks for taking the time to sort my documents on here . I am unable to open them though, can you?

Do I just and hope someone will read and be able to further advise or do I need to actually go and see someone?
Thanks again - much appreciated

[mystery1]

Re: CEL from 2012! Help needed please.

Sorry only just spotted the docs.

Given the particulars of claim are from July where are we at ? Have you Filed a defence ? I assume you have, what was it ?

They should have problems for a claim of that size given it breaches their code of practice and their signage says they are bpa members and thus it is an implied term of contract that they'd comply with the code of practice indeed by implication the solicitor has signed a statement of truth without an honest belief in it's truth.

Have you got clearer photos of the signs ?

M1

[Not a happy Mummy]

Re: CEL from 2012! Help needed please.

I do intend to take more pictures of the signs especially at 1am. I can also take a clearer day time one should you need to read it all. It states 2 hrs free parking for KFC customers and no one is allowed to park there when they are closed. I shall re visit tomorrow to capture all the wording. Given a small road separate the it was clear they were closed until he had entered the car park.

The defence should be there amonsgt the docs Amethyst very kindly posted up for me......dated CCMCC 04/07/13 in top right corner......beginning with " As I am the defendant.....

Thank you

Sorry only just spotted the docs.

Given the particulars of claim are from July where are we at ? Have you Filed a defence ? I assume you have, what was it ?

They should have problems for a claim of that size given it breaches their code of practice and their signage says they are bpa members and thus it is an implied term of contract that they'd comply with the code of practice indeed by implication the solicitor has signed a statement of truth without an honest belief in it's truth.

Have you got clearer photos of the signs ?

M1

[Amethyst]

Re: CEL from 2012! Help needed please.

Defence

[mystery1]

Re: CEL from 2012! Help needed please.

I do intend to take more pictures of the signs especially at 1am. I can also take a clearer day time one should you need to read it all. It states 2 hrs free parking for KFC customers and no one is allowed to park there when they are closed. I shall re visit tomorrow to capture all the wording. Given a small road separate the it was clear they were closed until he had entered the car park.

The defence should be there amonsgt the docs Amethyst very kindly posted up for me......dated CCMCC 04/07/13 in top right corner......beginning with " As I am the defendant.....

Thank you

Oh !

Please tell me he qualifies for remission of fees http://www.justice.gov.uk/courts/fees

If he does then we need to apply to amend the defence as it's pretty poor as it stands. It may just about be usable but it's far from ideal. Sadly this raises the chances of making it to court. If he doesn't we'll just have to muddle by.

M1

[Not a happy Mummy]

Re: CEL from 2012! Help needed please.

Without reading all about the court fees I cannot yet say wether he would qualify for remission of fees. We ran his defence by Trading Standards who deemed it adequate? Getting rather concerned now

[mystery1]

Re: CEL from 2012! Help needed please.

Does he get benefits ?

Trading standards is almost as bad as man down the pub. The "defence" they helped you construct hardly denies the particulars of claim. The saving grace might be the section on loss. If this was a fast track claim rather than a small track claim they'd be going for summary judgement for sure.

We can hopefully get through this ok. They have lost in court before http://forums.pepipoo.com/index.php?...dpost&p=876272

They have also pulled out many many times but whether they will on that dfence i'm not so sure. Can you win ? i'd say yes but not as easily as you might have had you asked for help earlier.

There are no guarantees.

Your son could approach KFC and tell them he'll never be back (if he's a known regular this works better) http://forums.moneysavingexpert.com/....php?t=4766249

M1

[Not a happy Mummy]

Re: CEL from 2012! Help needed please.

Thanks , although I do not like what I am reading I really appreciate your advice and thorough responses.

I did approach KFC on 5/8/13 and unlike the first time when they told me the car park was nothing to do with them, on this occasion the Deputy Manager e mailed Creative Car Parks (of which CEL are part of ?) twice to try and have it cancelled but they never even replied to the store. I too e mailed them on 12/8/13 to no avail

Yes I too wish I had come here many months ago .I dont profess to understand all the legalities though I have learnt much in the past week through yourselves.

My son is not in receipt of any of the benefits which would exempt him from court fees - he has a low paid job in a garage.

[mystery1]

Re: CEL from 2012! Help needed please.

So has the allocation questionnaire been done ? I assume so since you have a date.

M1

[Amethyst]

Re: CEL from 2012! Help needed please.

I'd forget what TS said Mummy, I read the rest of the communications and was quite surprised at the 'advice' you received - which basically said ignore it and sent you off to CAG.


M1 - yes Allocation Q's all been done. Nothing unusual there at all. All documents to be exchanged 14 days before the hearing.

[mystery1]

Re: CEL from 2012! Help needed please.

I'd forget what TS said Mummy, I read the rest of the communications and was quite surprised at the 'advice' you received - which basically said ignore it and sent you off to CAG.


M1 - yes Allocation Q's all been done. Nothing unusual there at all. All documents to be exchanged 14 days before the hearing.

Ta. Just had a PM and am checking the remission qualification. I'd really like it if we could amend but it's certainly not worth paying to do it. There are elements we could use and it's not certain we'll see court anyway but better to be prepared.

M1

[mystery1]

Re: CEL from 2012! Help needed please.

Ok no fee remission so no amended defence.

To answer a question, yes we can expand upon the defence on the day or beforehand in a skeleton argument. Technically anything that has not been raised in the defence should not be allowed but as it's small claims a friendly judge would show some latitude to a litigant in person (or their mum helping them).

You have raised no contract as signs were not seen. This is a good point if the evidence backs it up. Annex B has the code of practice rules on signs and it's only the entrance signs that are important. http://www.britishparking.co.uk/writ...tober_2012.pdf

Loss was also raised and again this is a great point especially when the KFC was closed so that's good. That could lead on to penalties if required.

Now i look at these points it might not be so bad as i first thought.

I have an on going case with someone else and i intend to go through the arguments with them soon. I'll be sure to post them here in case you need to go to court.

Take it easy for a wee while.

M1