*discontinued* Civil Enforcement Limited - County Court Claim Received

[s7eve]

Thanks, if they do fail to provide the documents a second time, can they then be used at all? If they realuse there mistake for example?

[charitynjw]

Thanks, if they do fail to provide the documents a second time, can they then be used at all? If they realuse there mistake for example?

The usual rule in Small Claims is that documents are disclosed, by both parties, 14 days or so before the actual hearing.
https://www.justice.gov.uk/courts/pr...rt27/pd_part27
Appendix B
But there is also an ongoing duty to disclose, & a right to inspect, documents on which the parties rely, throughout the case.
Imho it would be unfair to only disclose certain docs, say, only at the hearing.....how can the other party verify them?
But it would be for the court to decide whether or not to allow them as evidence, or whether to impose sanctions for late disclosure.
& if you've asked to inspect a couple of times & been ignored, or been given spurious excuses as to not disclosing, bring it to the court's attention.

[s7eve]

Just writing part of the defence now in anticipation of them returning documents requested.

Wondered if I could ask advice on the sections I have so far, in particular sections 2?

1.The Defendant received the claim F2GM2V21 from the Northampton or County Court on 22/06/2019.

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence. (To my knowledge, I have not been sent a statement of case? Does this section only relate to CCA's? Or is this simply the case itself much the same as I am required to sign a statement of truth?)

3.This claim relates to a Parking Charge Notice issued to the defendant on the 27/09/2018.

4. It is denied that the Defendant was in breach of the terms and conditions, as these are only applicable to vehicles using the land to park.

5.The Defendant maintains as stated in appeal sent on 02/10/2018 that entering and exiting the area being monitored by the ANPR cameras was necessary to load the vehicle with awkward, heavy equipment following a music performance at the premises of the Funny Onion & Co. 1 High Street, Cleethorpes, DN35 8LA.

6. The Defendant contends that the vehicle was at any point “parked”, and that entry to the car park was required to access the rear exit of the above named premises to remove the equipment that had been used on the evening in question.

7.On the 01/07/2019, The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Civil Enforcement Limited.

8.I requested the Claimant provide copies of the the landowner/Civil Enforcement Limited contract of authority to enforce parking charges at the relevant site, plus any/all relevant intermediate contracts. A copy of the KADOE contract between Civil Enforcement Limited. & DVLA. All other documents etc that Civil Enforcement Limited. seeks to rely on in court re their claim, including (but not limited to) a true copy of the postal notice to registered keeper. A plan of the parking site showing positions of all the parking signs and copies of the alleged signs displayed on site.

9. Civil Enforcement Limited have not sent any of these documents to the Defendant. In addition to this, the only ANPR images provided by Civil Enforcement Limited show the vehicle entering the car park at 18:34:42 and departing at 18:41:19 on the date in which the claim relates too.


Thanks again

[charitynjw]

Their statement of case is, atm, the Particulars of Claim on the court claim form.
We usually find these to be generic in substance....so-called 'robo-claims....offering a menu of choices & designed as a 'one statement to encompass all eventualities'.
Certainly not well-considered or constructed to address the perceived facts of individual alleged contraventions.

[s7eve]

Ok well that's what I have so far, if they do return the correct documents, I lose quite a bit of meat from my defence.

Wasn't sure about putting in all the guff about the previous cases that I've looked into at this point or save that for later if the case goes any further. It just didn't read right when I put it in but happy to amend if it is suggested I put all the info in.

Thanks

[charitynjw]

You can only defend on the situation immediaqtely preceeding your filing of the defence.
If you've asked for disclosure/inspection & they haven't responded, that will form a large part of it.
I'd suggest

The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

It is denied that the Claimant is entitled to the relief as claimed or at all.

to finish at the bottom. (Just before the statement of truth if you're not using MCOL).

There's no need to add in any exhibits such as case law at the moment.
That comes later in a Witness Statement &/or skeleton argument.
Just make mention of the substance (ie defective notice(s), defective signage....that sort of thing, where applicable).

[s7eve]

That's great stuff, there was nothing necessarily wrong with the notices, just the fact I couldn't see them. I've trawled through the BPA code of practice but cannot find anything regarding adequate lighting!!

If I make reference to the inadequate lighting in my defence am I able to send the pictures I have taken along with it as evidence as well as pictures of the ANPR images they have sent or again is this something to hold on with until later?

[charitynjw]

This will do

18.3 Specific parking-terms signage tells drivers what your terms and conditions are, including your parking charges. You must place signs containing the specific parking terms throughout the site, so that drivers are given the chance to read them at the time of parking or leaving their vehicle. Keep a record of where all the signs are. Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand. Signs showing your detailed terms and conditions must be at least 450mm x 450mm.

Non-illuminated signs in the dark would be neither conspicuous nor legible.

[s7eve]

So no reply received to my second request for the information, so now finalising my defence due to be submitted before the 24th July:

In the　Northampton County Court Business Centre

Claim No:　F2GM2V21

Civil Enforcement Limited

Claimant

And

Steve Smith

Defendant

DEFENCE

1. The Defendant received the claim　F2GM2V21 from the　Northampton or County Court on　22/06/2019.

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. This claim relates to a Parking Charge Notice issued to the defendant on the 27/09/2018.

4. It is denied that the Defendant was in breach of the terms and conditions, as these are only applicable to vehicles using the land to park.

5. The Defendant maintains as stated in appeal sent on 02/10/2018 that entering and exiting the area being monitored by the ANPR cameras was necessary to load the vehicle with awkward, heavy equipment following a music performance at the premises of the Funny Onion & Co. 1 High Street, Cleethorpes, DN35 8LA.

6. The Proprietor of the aforementioned Business, Michael Hambling, is willing to provide witness testimony to the booking of the music performance as well as advertisements on Social Media. Time and dated video evidence of the event taking place is also available.

7. The Defendant contends that the vehicle was at any point "parked", and that entry to the car park was required to access the rear exit of the above named premises to remove the equipment that had been used on the evening in question.

8. The Defendant wishes to also advise the court that the signage within the Car Park fails to comply with section 18.3 of the British Parking Associations Code of Practice. "Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand". There is a failure to adhere to this as absolutely no lighting is provided within the area of the Car Park.

9. On the　01/07/2019,　The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to　Civil Enforcement Limited.

10. I requested the Claimant provide copies of the　the landowner/Civil Enforcement Limited contract of authority to enforce parking charges at the relevant site, plus any/all relevant intermediate contracts. A copy of the KADOE contract between Civil Enforcement Limited. & DVLA. All other documents etc that Civil Enforcement Limited. seeks to rely on in court re their claim, including (but not limited to) a true copy of the postal notice to registered keeper. A plan of the parking site showing positions of all the parking signs and copies of the alleged signs displayed on site.

11. Civil Enforcement Limited have not provided any of these requested documents to the Defendant. In addition to this, the only ANPR images provided by Civil Enforcement Limited show the vehicle entering the car park at 18:34:42 and departing at 18:41:19 on the date in which the claim relates too, which is clearly within the timescale permitted within the terms and conditions as a grace period.

12. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead　his　case else the Claim should stand struck out.

13. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend　his defence, and would ask that the Claimants bear the costs of the amendment.

It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated 　________________________________

[charitynjw]

The Defendant contends that the vehicle was at any point "parked",

One of the definitions of this word is that it is true.....is that what you mean?

[s7eve]

No I'll be sure to change that!! Denies? Defends?

[charitynjw]

disputes?

[s7eve]

Perfect, amended! Any other tips or advice?

[charitynjw]

In para #8 it might be an idea to emphasise that the alleged incident was during evening/darkness.

[charitynjw]

One other thing....you haven't mentioned their failure to identify the location on the NtK as required by PoFA.