Civil enforcement ltd vs bench machine

[benchmachine]

Hello
I have recieved a county court claim from Civil enforcement ltd for a parking fine and would like some help.
Received a claim? Yes/
Issue Date: 4/10/17
Have you Acknowledged the Claim?: no
Total Amount Claimed: 313.78
Claimant’s Name: Civil enforcement ltd
Solicitors Firm: civil enforcement ltd
Original Creditor: unsure
Original Debt (eg. Credit card/Loan/Overdraft) : parking finr
Particulars of Claim: Please type out in full excluding names/account numbers: outstanding debt and damages date 8/10/15
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): no
List any letters you have sent (eg: CCA/ CPR )
Any Other Information or Background Detail

The debt related to a parking fine, I parked at a car park at a hospital, the car park has 3 hours free parking after which you must leave or enter your reg plate with reception to extend your stay. I was working at the hospital and visiting patients so I couldnt go to reception and ask the receptionist to put my registration number in to the computer to extend my stay. When I had finished my shift I went to reception but they had left for the day so I couldnt input my registration so I was fined for overstaying.
I was later advised not to worry by the hospital staff.
WOuld this be a valid defence argument in court?
ANy help appreciated.

[charitynjw]

Re: Civil enforcement ltd vs bench machine

Hi & welcome to LB.

Acknowledge the claim now; if you do not do so in time you risk a default judgment against you.
There is no advantage for you in delaying this.

For now, defend in full.
If the claim was issued via MCOL & you live in England/Wales, do not contest jurisdiction.
Do not enter any dialogue at all in the 'defence' box.

You can always change your mind later, but this gives you a bit of extra time to see if a suitable defence is available.

[ostell]

Re: Civil enforcement ltd vs bench machine

If you were actually working at the hospital have you taken this up with the management there?

Time between issue date and alleged contravention.

[benchmachine]

Re: Civil enforcement ltd vs bench machine

Hi Thanks
Yes I did, I was advised to ignore it.
It was issued 2 weeks afterwards.

[ostell]

Re: Civil enforcement ltd vs bench machine

OK how many DAYS ? How many days between issue and when you actually received it. If it was received more than 14 days after the event then the cannot claim from the keeper. If the PCN was issued 14 days after the event then it could not have been delivered within 14 days. Assumed to be delivered 2 working days after posting.

[benchmachine]

Re: Civil enforcement ltd vs bench machine

OK how many DAYS ? How many days between issue and when you actually received it. If it was received more than 14 days after the event then the cannot claim from the keeper. If the PCN was issued 14 days after the event then it could not have been delivered within 14 days. Assumed to be delivered 2 working days after posting.

I don't know the exact number of days but it was within two weeks.

[charitynjw]

Re: Civil enforcement ltd vs bench machine

Was a windscreen PCN issued & attached?

[benchmachine]

Re: Civil enforcement ltd vs bench machine

No there wasn't.
Ta

[charitynjw]

Re: Civil enforcement ltd vs bench machine

Particulars of Claim: Please type out in full excluding names/account numbers:

Could you also post up pics of the Notice to Keeper? (front & rear, obscure personal details but leave all dates visible).
Also pics of site signage.

[benchmachine]

Re: Civil enforcement ltd vs bench machine

I don't have the pcn here is a photo of the car park.

- - - Updated - - -

Picture

[charitynjw]

Re: Civil enforcement ltd vs bench machine

Edited......(X posts)

I can't read the sign.

[ostell]

Re: Civil enforcement ltd vs bench machine

I don't know the exact number of days but it was within two weeks.

OK what were the dates on the NTK?

Give us an address to look at the car park ourselves.

[benchmachine]

Re: Civil enforcement ltd vs bench machine

OK what were the dates on the NTK?

Give us an address to look at the car park ourselves.

I don't know I don't have it anymore.
The address is
Moorside unit
Trafford general hospital
Urmston
Old Trafford

[charitynjw]

Re: Civil enforcement ltd vs bench machine

In general, parking management companies sue on contraventions of the terms & conditions per the site signage, & the signage is what determines the alleged contract.

Following the alleged contravention, if they wish to pursue the registered keeper of a vehicle via the transfer of liability available via Protection of Freedoms Act 2012 Sch 4, they need to adhere to the provisions of that Act & in particular the Notice to Keeper.

Clearly therefore, it is important that we see both in order to give any real pointers.

[ostell]

Re: Civil enforcement ltd vs bench machine

The entrance sign says "Free parking, Terms apply" in large letters then something in small letters could not be read by a driver. The later signs then state maximum of 3 hours I would say unclear signage is a good start.

Please try to remember what day that NTK was received.