Parking Claim (Civil Enforcement ltd)

[CRPA9]

I have received court document's today that I am trying to file a defence for. Filled Acknowledgement today.

it was for overstaying in a mcdonalds car park, I went to an agency for an interview & charged my vehicle in the car park whilst doing it.

Received a claim? Yes
Issue Date: 23rd Jan 24.
Have you Acknowledged the Claim?: Yes.
Total Amount Claimed : £275
Claimant’s Name: Civil Enforcement ltd.
Solicitors Firm: Does not say on paperwork.

Particulars of Claim: Claim for money relating to a parking charge for breach of contract terms/ conditions(TCs) for parking in private car park (CP) managed by claimant, Drivers may only park pursuant to TCs of use displayed in CP and agreed upon entry/ parking. ANPR cameras or manual patrols monitor vehicles entering/ exiting the CP and TC breaches. Charges of GBP175 claimed.
Violation date: xx/10/2022
Payment due date: xx/11/2022
Time in: 15:14 Time out: 17:30
PCN: refxxxxxxxxxxx
Vehicle reg mark: XXXXXXX.
Car park:- Mcdonalds Lyne Road.

Total Due: GBP 175
(Pay:www.ce-service.co.uk or 01158225020)
The claimant claims the sum of GBP188.90 for the unpaid parking charge inc GBP17.90 interest under S.69 of the CCA 1984
Rate 8.00% pa from due date to- 22/01/24
Same rate to Judgment or sooner payment at daily rate of- GBP0.04.
Total Debt and interest due- GBP 188.90.

List any letters you have sent (eg: CCA/ CPR ): NONE
Any Other Information or Background Details:
I don’t have the original parking charge letter.

Is there anything in the particulars of claim that does not seem right? I noticed they did not give the full address of the car park.

Thank you.

[des8]

Send CEL a Subject Access Request & a CPR31.14 request
There are templates in the SHORTCUTS panel on right of this page (they will tweaking for your circumstances.
You need to as them for their contract with the landowner

When writing to them do not identify the driver

Could you also go back to The carpark and
1) photograph the sign at the entrance so the wording is legible .Are there signs on both sides of the entrance?
2) photograph the other signs (if they are different
3) measure their height from the ground, and the size of the fonts
4) make a note on a diagram of where the signs are positioned

This may sound silly, but looking on Google Earth it looks as if you could enter that car park, park in a centre space and walk into McDonalds without seeing a parking sign
Can you recall what the weather was like? If it was heavy overcast and raining it may have a bearing on a possible defence

Your defence does not have to be in until Feb 25th, so lets get all the evidence

[CRPA9]

Yes it was raining on the day. I have been back to the car park and there is an initial sign stating ‘maximum parking term applies’ but then as you said you could drive into a centre space and not see a sign if you was to reverse out of that bay. There are only signs around the outer spaces I will attach both.

[des8]

If you need help with a defence post up here when you get a response from CEL or nearer the end of Feb

[CRPA9]

Ok so I have recieved docs from CEL. They have completely ignored my CPR31.14 request (proof of contract and signage) and sent me a subject access.

So I have the PCN's.... the original one was sent to my car leasing company, they then sent it to my address once they found out my details from leasing company BUT this was sent after 2 weeks (Incident date - 26/1022, issue date 22/11/22) They only mention the schedule 4 freedoms act in the first notice.
Can I use this in my defence?

Secondly they have sent me a final warning before legal action letter dated 31/01/2024 and this is after they had already sent the claim forms.

[des8]

So you aren't the registered keeper but the hirer?

Please post up a copy of all the documents received from CEL.
Remove only your name and address, registration number and PCN number
leave in all dates and times

[CRPA9]

No I am the registered keeper but they sent the first document to the car leasing company. Then they got my details from them.

[CRPA9]

Here are the documents

[des8]

Can you post up the rest of the parking charge notices.... need more than just first page

[CRPA9]

Back of first PCN to lease company

[CRPA9]

That one above is actually the second letter

[CRPA9]

First PCN

[des8]

Is the PCN referenced in the claim form the one sent to you, or the one sent to the leasing company?

Points to build into your defence:

1)they appear not to have followed the preaction protocols, altho' their letter 3!/01 does refer to an earlier Letter before Action (did you receive such a letter?)
2) POC deficient in(i) does not specify what term of the alleged contract has been breached
(ii) does not state how the amount claimed has been computed and their figures don't add up!
(iii)fails to state the reason for the Defendant's alleged liability for the alleged charge either as the driver or as the keeper of the vehicle at the time of the alleged incident(but can't proceed against the keeper because of non compliance with PoFA2012)
3)possibility the signs weren't seen by the driver due to poor positioning and inclement weather and high sided vehicles (as seen in photo) obscuring sign at entrance so no contract

I'll sort something out over the next few days

[des8]

In your CPR request did you ask for a copy of their contract with the landowner?

[CRPA9]

It’s the same PCN number for both letters….
I did request a copy of the contract, along with proof of signage.. both were not sent.