Civil enforcement ltd vs bench machine

[benchmachine]

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.

Here are some pictures.IMAG0126.jpg

[charitynjw]

Re: Civil enforcement ltd vs bench machine

According to their website, Moorhouse Unit is open 24/7.
How come no-one available in reception?
https://www.gmmh.nhs.uk/moorside-unit

[benchmachine]

Re: Civil enforcement ltd vs bench machine

According to their website, Moorhouse Unit is open 24/7.
How come no-one available in reception?
https://www.gmmh.nhs.uk/moorside-unit

The receptionists went home at 5pm I didn't get out of my last appointment until about 545pm so I couldn't get them to extend my parking stay. I normally would ask them to extend it when I think I'm going to be longer than 3 hours.

[charitynjw]

Re: Civil enforcement ltd vs bench machine

So you could possibly argue 'frustration of contract'.

This is where an occurrence which happened after the contract was agreed has made the performing of the contract not possible.
https://en.wikipedia.org/wiki/Frustr...in_English_law
(But try not to quote Wikipedia in court....use the info as a springboard)

[benchmachine]

Re: Civil enforcement ltd vs bench machine

So you could possibly argue 'frustration of contract'.

This is where an occurrence which happened after the contract was agreed has made the performing of the contract not possible.
https://en.wikipedia.org/wiki/Frustr...in_English_law
(But try not to quote Wikipedia in court....use the info as a springboard)

Ok thanks,

Would this be a good defence.

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".

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 (between 5.30-6pm) 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. Once realising that I had overstayed I contacted the receptionist 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.!

[charitynjw]

Re: Civil enforcement ltd vs bench machine

Yep, it's a good start.

You have until 6th November to file your defence, so let's see what else we can bung in there....you want as many relevant points as possible.

I would add that according to the hospital website, the unit is open 24/7.

Did you receive a letter before claim/action (basically something which clearly states that they are going to definitely take court action) before the court claim was issued?

Have you asked the Claimant for disclosure of any documents/evidence?

[benchmachine]

Re: Civil enforcement ltd vs bench machine

Yep, it's a good start.

You have until 6th November to file your defence, so let's see what else we can bung in there....you want as many relevant points as possible.

I would add that according to the hospital website, the unit is open 24/7.

Did you receive a letter before claim/action (basically something which clearly states that they are going to definitely take court action) before the court claim was issued?

Have you asked the Claimant for disclosure of any documents/evidence?

I am not sure if I received a letter saying they are definitely taking court action I do remember getting one per two from Wright hassall solicitor s. I haven't asked the claimant for more evidence, should I phone them?

[charitynjw]

Re: Civil enforcement ltd vs bench machine

No, don't phone them.
There is a live court claim in play.
All communication should be in writing for evidence.
Write to them (or solicitors if any) at the address shown on the court claim form, head the letter Civil Enforcement Ltd v [benchmachine] Court claim no [ref number on claim form].
Ask for
A copy of the agreement between themselves & the landowner, & in the event that there are intermediate parties, all similar agreements which establish a legal right for the Claimant to have standing to pursue the alleged debt.

A copy of their KADOE contract with the DVLA.

All the information/evidence which they seek to rely on in court.


I doubt you'll get it all (if any) but at the very least they should send the NtK & chaser letters.

Keep copies of all communications from now on & get proof of posting.

It is also wise to ask for an email address for future communications....strictly speaking you need prior permission to do so.

[charitynjw]

Re: Civil enforcement ltd vs bench machine

Also send a data access query to DVLA to see who accessed your data recently.
Give a time period of about 2 months from the date of parking incident.
This is free of charge.

[Registered keeper name & address]

DVLA Vehicle Record Enquiries Section
Longview Road
Morriston
Swansea
SA99 1AJ
[Date]
Re: Registration [XXXX]
Dear Sirs
As the Registered Keeper of the above VRM could you advise who has accessed my personal details with regards to this marque, I need to know what address was provided, how often the information has been requested and when did the DVLA send the keeper details out. Please advise the information with regards to events between [XXXX date] and [XXXX date]
I understand there is no charge for this information and look forward to your speedy reply.
Yours faithfully

[Name of RK]
The Registered Keeper

[benchmachine]

Re: Civil enforcement ltd vs bench machine

Thanks, I have wrote the letter and emailed the DVLA.

I have updated my appeal letter above, the text highlighted in bold is the updated bit.
Ta

[charitynjw]

Re: Civil enforcement ltd vs bench machine

Thanks, I have wrote the letter and emailed the DVLA.

Blimey, you don't hang about.....!

[benchmachine]

Re: Civil enforcement ltd vs bench machine

Blimey, you don't hang about.....!

An update, or lack of one. I have had no response from civil enforcement or the Dvla should I put my appeal in now?

[charitynjw]

Re: Civil enforcement ltd vs bench machine

It's not an appeal, it's a defence to a county court claim.
If it were me I'd wait until the end of the week & see if anything turns up.
If not, bang it in over the weekend, or latest Mon 6th Nov.

Give us a nudge first.

[benchmachine]

Re: Civil enforcement ltd vs bench machine

Hi
I've received some info from cel in the schedule of information they make no mention of the fact that parking can be extended.

[charitynjw]

Re: Civil enforcement ltd vs bench machine

That's the third time today that I've seen the exact same PoC from CEL (Different threads/fora).

Only the schedule differs.

& re parking events all from 2+yrs ago.