*discontinued* Civil Enforcement Limited - County Court Claim Received

[s7eve]

Hi All

Looking for some advice specific to my case.

I have this morning been issued with the letter as shown in image 1 regarding a parking charge from 22/09/2018 between the hours of 23:18 and 23:40.

I do not dispute entering and leaving the site at this date and times yet dispute the term "Parking". I was positioned adjacent to the back gates of a business at which I had been providing entertainment for the evening and was unloading into my vehicle (not using any parking bays)..

I am also the named Licensee for the premises (a cafe/bar) although I am not the owner. I am aware a free parking pass can be applied for by the business owners but I have not looked into this at all as my visits there are very infrequent and I source alternative parking only using the area for loading/unloading.

I had unloaded into the premises earlier in the evening but must have done this in a time allowable to be within the car park without payment.

The car park itself is a pay by phone car park and I have read with interest a recent successful case in which the claim was dismissed due to it being prohibition rather than a contract. I do not currently have a picture of signage but will look to get this if it helps with advice.

I would be very grateful for any information or help as I did not believe the situation would get this far.

Many Thanks
Â*

[charitynjw]

Hi & welcome to LB.

Before commenting, could you please post up what you said in your appeal, & post up the reverse of the notice to keeper?

[s7eve]

Hi CHARITYNJW and thank you for the welcome

I have attached the reverse of the original PCN issued but about from this and numerous letters titled Notice of Intended Legal Fees this is all I have received so hope this is what you were after.

In my appeal I stated that the only way to load my equipment out from the venue was to enter the car park area and pull up to the rear gate, area to the front and side are surrounded by double yellow lines and also stated that at no point was my car "Parked" as such, doors were open with the engine on as I filled the vehicle and left at 23:40 having entered at 23:18.

Many Thanks

[charitynjw]

Ok

The most important thing atm is to acknowledge the court claim.
If you don't, they could get a default judgment.
Some info on doing so here

When you've done so we can look at possible defences.

[s7eve]

Thank you, although it requests I send details of my defence if I select this on my acknowledgment?

[charitynjw]

No, all you need to do is tick the 'defend in full' tick-box for now.
Do not put any dialogue at all in the main 'defence' box.
Your defence will come later (you are allowed up to 33 days from the claim issue date to file a defence if the claim is via MCOL)

[s7eve]

Thank you so much for your help

[charitynjw]

http://nebula.wsimg.com/f6d657adf7df...&alloworigin=1

This case may be of interest to you (especially from about para #20.)
It's a county court case, so not a precedent, but it can be used in court as a persuasive reasoning.

[s7eve]

Thank you, I'll take a read the acknowledgement has now been sent

[s7eve]

Some excellent stuff in there! Particulary the reference to the Oxford Shorter Dictionary definition of the term "Park".

i'm trying to enquire with the tenant of the business premises as to whether there contract provides any provision for right of access for delivery vehicles but they are being a little less forthcoming with information that I would have hoped.

For information and I am trying to locate guidelines myself but would it at all help my case that the area in which I was positioned has no parking bays as it is just a small slip area with access to the back gates of all the premises. I fear mention of this could hinder my case as opposed to help.

i'm hoping to take a few photos of the area in the next couple of days and will provide them here including the actual sign.

Again thanks for help so far!

[charitynjw]

Could you also take pics of the entrance to the car park?

[s7eve]

I will look to have theae Friday at the latest. I have been made aware that the Car Park itself does not have lined parking bays at all and quite possibly inadequate lighting

[s7eve]

It transpires that Civil Enforcement Ltd are members of the British Parking Association. The BPA's code of practice 2018 makes reference to Parking Charges on page 12 stating in one paragragh that PCN's must be administered whilst the vehicle is stationary and still contravening the contract. This seema too simplistic an argument based on the fact this particular car park s pay by phne and unmanned but I wondered if anyone can shed any light on a member breaching the code of practice set by the BPA or indeed whether I am not reading it correctly? Many thanks

[s7eve]

Sorry please ignore the above, that particular secrion relates to a notice to driver as opposed to notice to keeper.

[charitynjw]

....... I wondered if anyone can shed any light on a member breaching the code of practice set by the BPA.....

In general terms.........