County court letter for a parking fine - 18 minutes!

[Cloco92]

Second post on this (thanks admin for deleting the last one with personal info on).

So the driver had driven through an ANPR car park but never actually made it to a parking space as it was so busy (hot day by the seaside). Note there was no barrier down on entry.

The driver has driven down today to take photos, (though this is a year later) they have a lifting barrier which could easily have been there but in the up position. Please see pictures.

The driver will be filling out a Subject Access Request and a CPR 31.14 (Thanks Des8!). My question on this is, is it ok to email this across or should it be posted? And also can it be sent together?

Please see attached images from today and thank you very much in advance.

[Cloco92]

Also it should be noted the driver received many threatening letters with a huge fines but were ignored due to the driver believing that they had not actually parked officially. Looking on the reviews on the Port of Wells on Parkopedia there are countless angry people in the same boat.

[des8]

can't remember exactly what I posted originally, but I did do a check on the car park.

I think the claim states you were parked at The Old Lifeboat Park (perhaps you would like to check), but I could not find such a place in Wells next the Sea.
If you PM me a photo of the claim I'll see what else might be wrong.

Busy today so this evening before I log back in

[des8]

Sorry, didn't get to respond properly yesterday, but email should be OK.

Besides the error in address, which will probably be your first line of defence, if they correct this you could then have another defence.

The pictures you posted up show "no waiting".
You state the driver was waiting (for a space?) and not parking (and so were trespassing).
The remedy for trespass is a claim for damages, not a Parking Charge.
Also I assume they are levying a charge for a parking contract .... but it is not possible to contract to do something which is forbidden, so they will need to prove the driver was parked and not waiting

However do need to see those particulars of claim again to check

[Cloco92]

PM’d Thank you so much for your help

[des8]

I would be filing and serving a defence on the following lines:


1.The Defendant received the claim [Claim Number] from the Civil National Business Centre on [Date you received the claim]

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

3.This claim appears to be for an unpaid parking charge

4.The Defendant is unable to properly respond as the claim is not sufficiently particularised as it lacks sufficient detail

5.The location of the alleged incident is not adequately identified as the address as stated is incomplete as lacking town, county or post code

6.The Claimant fails to state the reason for the Defendant's alleged liability for the alleged charge either as the driver or as the keeper of the vehicle at the time of the alleged incident

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

Statement of Truth

I believe that the facts stated in this defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________

Dated ________


The claimant might apply to amend his particulars of claim


Others might suggest a different course of action

[Cloco92]

Thank you very much Des. I am a little behind and now trying to play catch up. I was planning on sending the Subject Access Request and a CPR 31.14 via email combined tonight to CEL but I realise they only have an email address for their data protection officer. Would this be ok to send to them? It says its to either update your records or see a copy of information held about you.

The above for the defence, where would I be issuing this? Sorry if its obvious!

Thanks a lot, Chloe

[des8]

The defence needs to be filed at court and served on the Claimant,
Addresses are shown on front page of Claim form

Defence needs to be set out as follows with font size 12.5 with line spacing 1.5:

In the Civil National Business Centre

Claim No: [XXXXX]

[Claimants Name]

Claimant

And

[Defendants Name]

Defendant

DEFENCE

1 xxxxx

2xxxxx

End with
I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.’

Signed and dated


Don't bother asking CEL for that information yet.
See how they & the court react to your defence

[Cloco92]

Thanks for the speedy response Des! I'm just filling in the acknowledgement of service to send back to them but it is actually also asking me to fill in the defence form included in the letter. Do you recommend I fill this in and send that too or shall I leave that and just send the acknowledgement? Apologies for all the questions, I just want to be sure I'm doing all the right things!!

[des8]

I thought you had already sent the acknowledgement!
So yes, complete the acknowledgement and defence and follow the instructions on that form

[Cloco92]

Thank you for the advice! I'm sending this off this afternoon. Does this sound ok to put in the defence ?

The driver drove in to the harbour at wells in order to look for a space but did not find one due to it being a busy day. The driver pulled up in order to change their child's nappy and see if a suitable space would came up. It did not, and so the driver left the harbour.

Is there anything you would recommend adding to this?

Many thanks again!

[Cloco92]

Thank you for the advice! I'm sending this off this afternoon. Does this sound ok to put in the defence ?

The driver drove in to the harbour at wells in order to look for a space but did not find one due to it being a busy day. The driver pulled up in order to change their child's nappy and see if a suitable space would came up. It did not, and so the driver left the harbour.

Is there anything you would recommend adding to this?

Many thanks again!

[des8]

I would not recommend that.
Your defence is that you don't know what they are talking about as they haven't given you a location

[Cloco92]

Ok that makes sense! Apologies this is a bit new to me! What would you recommend to say?

[Cloco92]

Just to add to that, and apologies again, I know I've asked a million questions! I have just found one of the older letters and it does actually state the actual address of the car park so we may not be able to use that as a defence. Do you think we would still be able to fight this?