PCN - C.E.L Ltd

[Pitstop]

Hi, hope that someone can offer some advice..
I received a PCN from the well known Civil Enforcement Ltd nearly 2yrs ago & refused to pay up so have now received Court claim forms. They used all the usual tactics, threatening letters, etc. To be clear, I would rather drag them to Court than pay up and if the Courts decide I should pay the PCN, then I shall. I doubt that they would even show up...

I entered a car park monitored by them so they sent photos of my car entering and leaving. I was there for about half an hour, however, I did not actually PARK. I had pulled off the road into the nearest place that may have an accessible toilet (she has a wheelchair) as my 93yr old Mum was feeling unwell (she had just left hospital a day or so beforehand). I sat in the car with the engine running (not in a parking space) until she felt better and therefore did not see any parking information because I had no intention of parking.

Q. Can a Parking Charge Notice be enforced if you do not actually park?..

Q. I will defend the claim on medical grounds but how best to word it?

Thank you!

[ostell]

Sitting in the car with the engine running does not mean you are not parked.

You could claim it was a medical emergency but difficult if it was for 30 minutes or so.

CEL will take it to court.

Just because you didn't read the signs doesn't mean there is no contract if the signs were there to be read.

[echat11]

Hi PITSTOP

You need to Acknowledge the Claim, it can be done online, that gives you a further 14 days, 28 in total to work on your Defence.

https://legalbeagles.info/library/gu...ledge-a-claim/

Maybe get all your mothers medical evidence together in your Defence.

[Pitstop]

Thank you both for your advice, I have the dates of Mum's hospital discharge, etc. and can provide documents to that effect. Ostell- as you've advised that entering the c/p whilst not actually parking up my car makes no difference, I assume that my best course of action would be to admit to part of the claim on the court forms and just pay the original PCN amount? & dispute their additional excessive charges?

[echat11]

Thank you both for your advice, I have the dates of Mum's hospital discharge, etc. and can provide documents to that effect. Ostell- as you've advised that entering the c/p whilst not actually parking up my car makes no difference, I assume that my best course of action would be to admit to part of the claim on the court forms and just pay the original PCN amount? & dispute their additional excessive charges?

ostell

[Pitstop]

Further advice needed please..
After reading lots of different threads, I have contacted the landowners which I should've done at the very beginning but it didn't occur to me at the time. I hope I get a positive reply but it was nearly 2yrs ago and it is obviously late in the day now as I'm about to submit a defence.

I'd be grateful if you could advise me if the following points would be likely to 'stand up' in court;

- Evidence & signage (6.b) being parked
I revisited the c/p and don't think I could claim the signage wasn't clear. I read elsewhere that a judge had questioned a parking firm for bringing a claim for a parking charge notice when they could not provide any photographic evidence that the vehicle was in fact parked. I entered the c/p, did not park, had the engine running and exited 35mins later. I wrote to CEL using the BPA code of practice template and they responded saying it was too late to submit an appeal as it was after 28 days. They said that they didn't have CCTV in the c/p so could only provide photos of my car entering & exiting. They have no patrols. Can't upload the photo of their signage as it's too large but it says that payment must be made within 20mins of arrival and if terms are breached, you will be charged £100.

- Medical grounds
I had pulled off the road as my elderly mother felt dizzy/sick and she has a history of TIAs (looks like they are having a stroke). 5hrs after we left the c/p, she had another funny turn, fell over and was admitted to hospital that evening. (I should mention that I did not discuss her medical issues with the parking firm in any correspondence as I didn't think it was any of their business and I doubt that it wouldn't have made any difference anyway). I can provide the necessary medical documents if/when we get to court.

I received what I assume is their version of a letter before claim, it says 'ON - Claim for debt' with a 'debt outstanding' of £185 and no breakdown of the costs/how they got to that figure. I need to check the contents of the letter to see if they covered all of the points the are supposed to in a LBC. I'm fairly sure that I did respond to this letter by the way and will have a copy. I did not then hear from them again until I got the court claim form 1yr and 3wks later.

Their amount claimed now totals £215, with court fees added, £300.

Your thoughts?
Thanks

[echat11]

Really one for ostell.

I would write to the landowner with the medical grounds, evidence extra, ask them to 'withdraw' the claim.
Also continue with the Defence.

Here's some more info - if you have a read of (1), it states the 'diver being taken ill', I see no reason why that shouldn't apply to the passenger too.

https://www.calderdale.gov.uk/v2/res...mitigating#MC1

[ostell]

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