Civil Enforcement Ltd

[Ryszu140458]

Hi All,

Civil enforcement are taking me to county court re parking charge for allegedly overstaying welcome, Yet I can prove
A) It was not me driving the vehicle
B) The driver paid the bill by contacting the payment number on his mobile phone
C) The Bank statement showing the parking fee being paid
D) The allocated time was for 2 hours yet even on their "Particulars of Claim" It shows he stayed 1 hour 56 minutes

The County court has written to me asking for a Defence statement in reply to CEL's amended Particulars of claim by the 14th September & to serve the same to CEL.

Can anybody help,

How do I write a "Statement of truth"
Do I have to get the driver of the car to write it?
Is he a witness?

In anticipation

R

[ostell]

Rather late in the day to be asking. Even if you were not the driver then you can be held liable as the keeper of the car.

However can you post up the original Notice to Keeper that you received and perhaps some of the signs that the driver saw.

So can we see the amended particulars of claim as well please. Show that bank statement in your evidence , suitably redacted so as not to identify the driver.

[Ryszu140458]

Hi Ostell,
Many thanks for your reply, Please find attached the said Amended Particulars of claim and the bank statement showing payment on correct date with number attached.
We have contacted o2 to forward the phone log to show also the correct time of arrival and payment.
But they say it will not be here for a further 10 working days!

Regards
R

[ostell]

So your defence points out that as you were not the driver (and you can hopefully prove this) then the statement that the defendant parked the car is clearly wrong and the signatory clearly has no personal experience of matters but is relying on hearsay and thus this casts doubt on the remainder of the statement.

[Ryszu140458]

Hi Ostell,
so should I write a defence (Statement of truth)?
or should It be the other driver?
should I insert about
the
phone payment,

[Ryszu140458]

Oops, accidentally pressed send
should I show the bank statement
mans should I state that the phone records are to follow
Many thanks
R

[ostell]

You are being taken to court so you have to write it. So that £1 would cover that 2 hours? That should be sufficient but have the phone records to hand.

You will be stating that you were not the driver at the time and can show it (can you?)
the parking fee was paid and you have been provided with a receipt for same. (Ipresume date etc is correct)
The compnay therefore have no cause for a claim against the driver at the time and therefore no claim agaist you the keeper.


Have you got the Notice to Keeper that you can post up?

[Ryszu140458]

Hi again Ostell,

Yes, On the 5th of May, I was with my girlfriend at a wedding in Belfast, We arrived on the 4th May.

The £1 covers the first 30 minutes free and the preceeding 90 minutes (see attached picture)

The date on the reciept is correct

What is the "Notice to Keeper"?

Finally, How should I word this Defence statement

Many Thanks again

R

[wales01man]

Hi Ostell,
Many thanks for your reply, Please find attached the said Amended Particulars of claim and the bank statement showing payment on correct date with number attached.
We have contacted o2 to forward the phone log to show also the correct time of arrival and payment.
But they say it will not be here for a further 10 working days!

Regards
R

Claim state payment must be paid within 30 minutes of parking payment shows paid after 30 minutes?

[Ryszu140458]

Hi,
The reciept is shown as payment made on the 5th May, but being taken from the account on the 8th May.
The time of 15.30 is when the driver took a screenshot of his account on his mobile phone
Cheers
R

[Ryszu140458]

Apoologies, 17.30 not 15.30

[Amethyst]

Have you got your receipt off of the phoneandpay website ? ( is your registration number entered correctly )

[Ryszu140458]

Hi Ostell,

Ive just checked the details of the payment (attached) and the registration was entered with the first 2 digits the wrong way around, a common typo error I would imagine

2Y18HHW instead of Y218HHW

How does this affect us?

Regards
R

[Amethyst]

Common and pretty obviously wrong.... but yes that's how you ended up with a ticket. There is a term on the parking signage about entering the reg correctly. I'm not sure if any cases have won on this issue in court as yet ostell ?

[Ryszu140458]

Hi Ostell, what do you recommend that I do now, I have to enter the defence in the local court and send to Civil Enforcement Ltd by Thursday,
What should I write in this statement?
Kind regards
R