Please help - filing defence for private parking charge

[penguin82]

Evening! I've never posted on here before but I've been trawling through the forums recently and you've managed to help people fight their parking fines - I'm in need of help!

This is my story so far:
Nov 2015 checked credit file and discovered CCJ from August 2015. Contacted court with the reference and was told it was Civil Enforcement Ltd. and the claim was for outstanding debts and damages due 17/6/2012 (served against an address I lived at at that time - I moved out in Aug 2012).

Submitted an N244 form with a really poorly written statement (reading it back its so basic it makes me cringe). Basically stated that I had received no info to enable me to either settle or dispute the claim.

Couple of weeks ago attended a hearing, they didn't show and case was set aside, however judge asked me to file a defence.

I have no case details, and on speaking with court reps there are none, just a claim stating a reference number and a breakdown of the costs (around £200). Every rep I've spoken to from the court (and the judge) has said it doesn't contain any info. I find that strange - how did they get a CCJ without even saying what it was for?!

I'm really struggling to word my defence - the judge said it would be really short, but I don't even have confirmation of what I'm defending!

If if anyone has any clues what I could write on my form I'm all ears! If I need to provide more details to help then I can. I was hoping to be able to figure this out on my own but all the other cases seem to have specific points to argue.

I dont want to give these b*mholes my money if possible!

[Kati]

Re: Please help - filing defence for private parking charge

[MENTION=5354]mystery1[/MENTION]??

[mystery1]

Re: Please help - filing defence for private parking charge

Yes a few details would be good. Any idea if the address of the pcn and the claim form were those that were on the registration document at the time they were issued ?

M1

[penguin82]

Re: Please help - filing defence for private parking charge

I can't find any of my registration details from the time but I'm certain they would have been the same as the address which the CCJ was registered against. I don't have any claim forms or a PCN. The only thing I've ever received in the post was from the court, telling me the date of the hearing to set aside.

I've just realised that my 14 days to file the defence expires today, so I haven't left any time to gather info or anything (I'm kicking myself for that).

[penguin82]

Re: Please help - filing defence for private parking charge

Just tried calling CE for good measure and pressed buttons as if to pay (hoping I'd get through to someone) - got an automated message saying this debt is now payable to Co-op Group. The plot thickens!

[mystery1]

Re: Please help - filing defence for private parking charge

So we are before PoFA and keeper liability. Was the driver the registered keeper or can you not remember ? Was it a co-op car park ? I assume you didn't get a letter of assignment to DEAL ?

M1

[penguin82]

Re: Please help - filing defence for private parking charge

Yes, I would have been the registered keeper, and no one else ever drove my car at the time. I haven't received any correspondence from CE at all, either now or in the past, which is odd because they had my address (as they filed a CCJ against it) and I'm sure they would've sent out a penalty notice as they've done for a lot of people.

[mystery1]

Re: Please help - filing defence for private parking charge

Can you get from the court an exact copy sent or read out which you type of the particulars of claim please ?

It's a pain but it really helps a defence if it responds to the actual claim !

Also confirm the date you need to file your defence and the email address to send it to.

M1

[penguin82]

Re: Please help - filing defence for private parking charge

Not a pain - I've already asked for this info to be read out (although not word for word but below is what I've got - I necessary I can call back and get it word for word):

Claim for outstanding debt from 17/6/12 ref 326******* £130
17/6/12 - 8/7/15 £50 solicitors fees
8/7/15 £180
Claiming £211.80 for outstanding debts and damages, including £31.80 interest due under section 69 county court act.

This is all the court have and I've asked several times now - no particulars of the what, when, where etc. on their files.

My deadline is today and I have the email address of the court enquiries@portsmouthcountycourt.gsi.gov.uk

i wouldn't expect you (or anyone) to drop everything to help me - don't get me wrong, I'm grateful for ANY advice, but I know people have lives/jobs etc.

- - - Updated - - -

I have draFted a quick defence which is poorly worded but I'd be happy to answer questions on in court:

1. The Claimant claims outstanding debts and damages relating to reference 3260411006 dated 17th June 2012, which the Defendant refutes
2. The Defendant received no prior notice of this charge and the Claimant has not provided any details for the claim.
3. The Defendant has attempted to contact CE for details but has received no reply, and so the Defendant has carried out research which leads her to believe this claim relates to a parking penalty incurred at the Co-operative Car Park in Pyle Street, Newport, Isle of Wight, however without further information the Defendant is unable to confirm this.
3. When provided with the above reference number, the Claimant’s automated telephone system advises that this charge is now payable to a third party
4. The claimant's claim for £130 was not a genuine offer to park at that price, and its purpose was to deter in terrorum, and therefore a penalty dressed up as a contractural term which is unenforceable
5. The Claimant does not own the car park and therefore has no propriertory rights in the land. Therefore the Claimant is not in a position to offer a contract nor suffer a loss or breach of contract and accordingly has no right to claim damages

As you can see, a bit clueless really, but how to defend a claim to which you have no details?!

[mystery1]

Re: Please help - filing defence for private parking charge

Give me a bit.

M1

[mystery1]

Re: Please help - filing defence for private parking charge

penguin82.rtf

I know it seems scarce but it deals with their claim. Should they amend then we start on parking etc.

M1

[penguin82]

Re: Please help - filing defence for private parking charge

M1 you're a megastar, it looks perfect! One quick question regarding point 3:

3. The Defendant is the registered keeper of vehicle, registration number xxxxx.

I am no long the registered keeper of the vehicle I was driving at this time. Should I just amend to say "was the registered keeper of this vehicle on 17/6/12"?

[mystery1]

Re: Please help - filing defence for private parking charge

:okay:

M1

[penguin82]

Re: Please help - filing defence for private parking charge

Filed - technically 5mins late but the court admin didn't seem to think that would be an issue.

Thanks for all your help, I didn't expect anything more than a bit of advice at such short notice. I'll post an update when I have one.

Happy new year to you and thanks again!