CEL (Civil Enforcement Ltd) PCN County Court Claims Received.

[Kar0t]

Hi,

Was advised to park in a car park by an event facilitator on 06/05/2018 as this would be fine. From then I have received various letters regarding which I have ignored, finally culminating in a letter from CEL for a small claims (for £268.65!). I have completed the MCOL and want to request some advise of how to defend myself against the parking charge. What next step would you advise.

The issue date is 25/02/19 so presume my MCOL needs a defence submitted by 28/03/19 to not breach the 28 days permitted.

Thanks in advance.

[charitynjw]

Hi & welcome

Just to clarify, your acknowledgement has been filed at court & accepted?

If so your defence needs to be filed latest 2nd April (I think.)

28 days + 5 allowed for posting = 33 days.

That falls on a Saturday, so next working day.

But please check that for yourself....I've already been hauled over the coals once today ( Amethyst , admin ) for my abysmal math!

[Kar0t]

Hi, thanks for your reply. I believe it has been accepted by the court - see attached MCOL receipt
please advise next step of action. Thanking you in advance.

[charitynjw]

Well done for that.

Could you post up a picture of the notice to keeper (NtK) & if applicable, the windscreen notice to driver.

Front & rear, redact personal info (inc vehicle reg no), but leave all times/dates visible.

& how easy would it be to get pics of site signage?

[Kar0t]

Hi NtK attached was a 1 sided document. I don’t have any pics of the signage at the time I parked. I can obtain now if you think it will help.

Thanks.

[charitynjw]

Hav you ID'd who was driving/parking at the time?

[Kar0t]

I know who was driving at the time from memory. I haven’t submitted that information to CEL. I have replied to none of their correspondence

[charitynjw]

Terrible affliction, memory loss!

[Kar0t]

How to best proceed from here? Is there any defence templates? Or anything need to be done before that

[charitynjw]

How to best proceed from here? Is there any defence templates?
Loads of them.
Or anything need to be done before that
Yes, plenty.......leave it with me for a while & I'll sort out chapter & verse for you.

I have to go out for a while this pm, but in those immortal words.......

"I'll be back!"

[charitynjw]

9(1) A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met. [Ie notice by post - my addition]

(2)The notice must—

(e) state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

(i) to pay the unpaid parking charges; or

(ii) if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

http://www.legislation.gov.uk/ukpga/...dule/4/enacted



I don't see any such invitation.........do you?

[Kar0t]

No I don’t see an invite either.. so how next to proceed?

[charitynjw]

No I don’t see an invite either.. so how next to proceed?

So the NtK is non compliant & useless for enforcement via PoFA.

& to sue via common law breach of contract, they must only 'chase' the driver.....if & when that person is ID'd.

Write to the parking co (or email if you can) stating that the NtK is non compliant by virtue of the Protection of Freedoms Act 2012 s9, & that you are in no way obliged to name the driver at the time of the alleged contravention.

You require them to cease processing your personal data, remove it from their databases & not to contact you further on this matter other than to confirm same.

(If you use land mail, get proof of posting & keep a reference copy.)

[Kar0t]

They don’t have an email address the draft letter I plan to send is:

————————————————

Dear Sir / Madam,

The NtK [reference no] issued 14/05/18 is non compliant by the virtue of the Protection of Freedoms Act 2012 s9, and am no way obliged to name the driver at the time of the alleged contravention.

I require you to cease processing my personal data, remove it from your database and not to contact me regarding this matter other than to confirm the same.

Yours faithfully,

[name of allleged]

———————————
Would that be suitable? Don’t want to make it longer than required.

[charitynjw]

They don’t have an email address the draft letter I plan to send is:

————————————————

Dear Sir / Madam,dn't do better myself!

The NtK [reference no] issued 14/05/18 is non compliant by the virtue of the Protection of Freedoms Act 2012 s9, and am no way obliged to name the driver at the time of the alleged contravention.

I require you to cease processing my personal data, remove it from your database and not to contact me regarding this matter other than to confirm the same.

Yours faithfully,

[name of allleged]

———————————
Would that be suitable? Don’t want to make it longer than required.

Splendid!

Couldn't do better myself!

Don't forget to keep a copy & get proof of posting.