received a N149A regarding CEL

[scv48]

Re: received a N149A regarding CEL

thanks for that,going to start working on my witness statement and skeleton argument , while i wait for my court date to arrive,would be grateful for any advice you can give on preparing a skeleton argument.

thanks again for all of your help

[mystery1]

Re: received a N149A regarding CEL

FRom Pepipoo :-

Defence

No signs on enetering or exiting the car park the ones that are in the car park are too small and barely noticeable
No contract with the landlord that allows CEL to claim in their own name
Operator doesnt own the car park but are agents for the owner occupier
They originally assigned 87.5% of the debt to DEAL and retained 12.5% so they can only pursue 12.5% of their initial claim
They have not suffered any loss caused by the breach of the conditions, therefore the claim is an unlawful penalty not a genuine loss or pre-estimate of loss as required for seeking damages for breach of contract
The CO OP suffered no financial loss as at the time of parking there as the store was closed for business, the store offers 2hour free parking and the car was parked there for 2hrs and 18 mins



From Legalbeagles

1. No parking ticket was attached to the car so didn’t know there was a problem for another 2 weeks as we went on holiday and on return had a parking fine {which when reading the signs in car park when we returned to have a look is quite funny as it states if you ring up on returning to your vehicle knowing you are over the time limit phone they can arrange a smaller payment but if you don’t know you have a ticket you wouldn’t know to do this, we didn’t as we didn’t know there was a 2 hour time limit.
2. The shop with the adjacent car park was closed
3. It was a Sunday evening we parked at 18.34 left at 20.52 so were 18 mins over the 2 hrs
4. Cant read the signs when entering the car park hence we didn’t know there was time limit
5. Contacted the co op to try and resolve the issue and were told by staff members they didn’t own the car park.
6. Contacted the council and they told us they didn’t own the car park.
7. Signs in place are not in a position where customers entering the car park can easily read them (hence our parking fine)





People are trying to help. What you get out is only as good s what you put in. Please advise the defence you entered.

M1

[mystery1]

Re: received a N149A regarding CEL

Duplicate

M1

[scv48]

Re: received a N149A regarding CEL

sorry to cause confusion, the one i posted to you is what i actually attached to the form stating i was defending my claim, the other written defense is what i was going to send off when i recieve the court date, but i still dont think thats enough
please accept my apologies for the confusion