*discontinued* Civil Enforcement Limited - County Court Claim Received

[s7eve]

Thanks for that, it has been sent today.

In terms if showing what I have for my defence so far, am I able to post here or best to show it privately?

Once the written defence is submitted, do the courts make an initial judgement based on the detail within that, for instance is there a chance it might not get as far as court perhaps?

[charitynjw]

Thanks for that, it has been sent today.
(For ref, I believe this refers to a CPR 31.14 disclosure request.)

In terms if showing what I have for my defence so far, am I able to post here or best to show it privately?
Post it up here....the Claimant will get a copy in due course anyway, so no problem.

Once the written defence is submitted, do the courts make an initial judgement based on the detail within that, for instance is there a chance it might not get as far as court perhaps?
Case management does have extensive powers (CPR 3)
It is probably more likely that a copy of your defence is sent to the Claimant for them to decide whether or not to proceed with their claim.

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[s7eve]

Thanks, so far I have:

To whom it may concern

I hereby provide my defence in relation to the Claim being made against me No: F2GM2V21 by Civil Enforcement Limited pertaining to a Parking Charge Notice Ref 6382493375 with relation to my use of the Car Park at Market Street, Cleethorpes, DN35 8LY on the 22^nd September 2018 between the hours of 23:18 and 23:40.

On the 2^nd October 2018 at 12:14pm I submitted an appeal against this charge explaining the circumstances in which I required to access this particular piece of land as a right of way. On the evening in question I was providing entertainment (as a solo Singer/Guitarist) to which I needed to unload awkward heavy equipment from my car into the premises at The Funny Onion & Co. 1 High Street, Cleethorpes, DN35 1LA, to which the rear gate leads directly to the area of land to which the Parking Charge pertains.

The response received on the 12^th October 2018 from Civil Enforcement Limited advised that my appeal had been unsuccessful and that the Parking Charge remained valid as the ticket was correctly issued in accordance with the terms and conditions stated. I was given the right to further appeal in relation to this parking incident.

It is my defence to dispute the term “Park”. In the case of “Laura Jopson v Homeguard Services Limited” 2016 para 20 refers to neither of the parties being able to direct any authority on the meaning of the word “park”.

To continue, The Shorter Oxford Dictionary has the following “To leave a vehicle in a carpark or other reserved space” and “To leave in a suitable place until required”. The concept of parking, as opposed to stopping, is that of leaving a car for some duration of time beyond that needed for getting in or out of it, loading or unloading, and perhaps coping with some vicissitude of short duration.

The only other entrance to the premises of the Funny Onion & Co. Is positioned to the front of the venue on High Street in Cleethorpes. There is no direct vehicular access as metal railings separate the pathway and the road which is directly adjacent to a roundabout.

Whilst I accept that the railings run no further than the left edge of the premises when facing the venue front, it is worth noting that a sign relating to the upcoming roundabout on the A1098 and also a pedestrian island would have prevented any passing traffic whilst I stopped to load my the equipment into my car had I have chosen this. Given this was a Friday night in a busy Town Centre area with numerous pubs and clubs in the vicinity, the possibility of me mounting the pavement outside to do this was also not an option.

As such I argue that entry to the Car Park as a right of way was my only option and that I had a right to stop to load awkward items. My position is analogous to the right to unload which was the subject of Bulstrode v Lambert (1953) 2 All ER 728,

I wish to also exercise that in these circumstances, it is not necessary to deal with arguments about the Unfair Contract Terms, and the factual circumstances are quite different from those in the ParkingEye v Beavis (2015) supra. Inter alia, in that case the agreed motorist was not exercising a right ancillary to a right of way and was clearly parking.

That's what I have so far. I will be attaching an email received from the local MP who states he has made numerous representations regarding the over zealous approach being taken in issuing parking charges in an area that is trying to draw people in using services such as those provided by myself.

I'm fully open to any recommendations and constructive criticism regarding the above.

Thanks to all.

[charitynjw]

See below for an example defence (for a consumer credit case, but the format is the same.)
Para #2 is vital....always dispute any/all assertions by the Claimant unless admitted by you.
Obviously with yours, all references to CCA should be scrubbed.
& definitely scrub your "To whom it may concern".

[s7eve]

So this morning I've received some documents. Nothing that I requested. No contract with DVLA, no permission frim land owner. The only additional documents that I hadn't already seen were ANPR images of my vehicle arriving at 18:34 and leaving at 18:41 so not even the time I am being pursued for and very obviously when I arrived to unload at the beginning of the night

[charitynjw]

So this morning I've received some documents. Nothing that I requested. No contract with DVLA, no permission frim land owner. The only additional documents that I hadn't already seen were ANPR images of my vehicle arriving at 18:34 and leaving at 18:41 so not even the time I am being pursued for and very obviously when I arrived to unload at the beginning of the night

Have they given any reason for not supplying?

[s7eve]

Nope none at all, also please find attached images I took last night when playing at the same venue, I would suggest inadequate lighting bearing in mind these photos were taken at around the same time yet in the height of summer not September.

Re the images, should I send the 2nd letter asking them to provide and alter slightly to thank them for those sent but they are not those requested?

[charitynjw]

Put the failure (to date) of disclosure in your defence.

Their Code of Practice will mention the need for adequate lighting....use that.

How do the images supplied by them differ from those taken by you?

[s7eve]

The images supplied by them simply show my car entering the car park very hazy and barley able to make out my registration and as mentioned not even at the time the alleged violation occured!

[s7eve]

Here are the images they have supplied, these are the only additional I have received, the rest were just copies of each PCN issued and then debt collection notices.

Should I pursue them for the contracts with landowner and DVLA as originally asked? Or just simply put in my defence that they failed to provide them upon request.

Also and whilst I didn't request the ANPR images these provided show the time as being between 18:34 and 18:41 where as the violation was between 23:18 and 23:40, should I request these images too? As if they are unable to provide these then surely there is no case to be had?

Thanks

[charitynjw]

Here are the images they have supplied, these are the only additional I have received, the rest were just copies of each PCN issued and then debt collection notices.
Should I pursue them for the contracts with landowner and DVLA as originally asked? Or just simply put in my defence that they failed to provide them upon request.
If it were me I'd send a reminder.
Ignoring the request once could be *an unfortunate oversight*,
But not twice!
Also and whilst I didn't request the ANPR images these provided show the time as being between 18:34 and 18:41 where as the violation was between 23:18 and 23:40, should I request these images too? As if they are unable to provide these then surely there is no case to be had?
No, don't give any heads-up.
They have to prove their case....which they clearly can't even with the evidence on which they themselves rely.
Thanks

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[s7eve]

That's great I will send the reminder.

if they fail to provide the contracts and ANPR images of my offence later that night can these things no longer be used by them?

or when I make mention of this is my defence can they go "oooops get them sent out, we'll get them to him before court"

[s7eve]

I have re-sent the original letter that was sent last Monday requesting documents. I have obviously edited the documents section to include the name of the claimant in relation to their contracts with landlowner/DVLA.

I presume this is ok and not the reason why they have failed to provide them?

[s7eve]

Plus the main basis of my defence was goijg to be that I was simply stopped and required to enter their land for a convenient way to load my car.

However should they fail to provide the KADOE contract with DVLA and the permission to pursue legal from the landowner and also fail to provide the ANPR images of my alleged infringement, does this change the basis of my defence to the fact they re unable to prove I was there at all?

or should I still pursue my original defence and mention failure to provide these documents as a side issue?

Thanks in advance

[charitynjw]

If it were me I'd continue with the proposed defence (but edit it if necessary in accordance with any new developments).
& yes, mention the failure to disclose (with no reason given for non-disclosure) despite a reminder (if still applicable at the time of sending in your defence).