Civil Enforcement Limited. Help with Defence!

[rachel25]

Hi,

I am completely new here and I have only registered after reading helpful posts from @mystery1 and others. Please forgive me if I have not used the applicable threads, I really don't know how this site works.

I received a parking ticket for the 20/12/14 in late 2014/ early 2015 and, after seeking advice, decided to ignore it.

On the 07/03/2016 I was shocked to receive a County Court Judgement for £228.47 (original amount: £140.00). I acknowledged the papers with the intent to defend.

After waiting 14 days, I FINALLY recieved the Particulars of Claim which state that I had parked in the car park for forty minutes (I remember it being a lot less). Basically, I had entered the empty car park with the intent to park only to realise that you could only pay by phone. After a negative experience of paying by phone and researching the number it was asking me to call on my phone to check if it was a legitimate way to pay for parking, I decided not to park at that car park. I then left.

This is what the sign states in the car park:
'Phone and Pay: £1 per hour, £3 for 24 hours. Payment must be made within 10 minutes of arrival- To deter abuse of this car park, these terms apply 24 hours a day. Disabled badge holders are not exempt from these conditions. If you do not pay within 10 minutes of arrival, or if you park longer than the period paid for, you agree to pay our charge. Additional costs with be incurred if payment is not received within 28 days.'

I fully intended to defend my case until receiving the particulars which cite ParkingEye Limited vs Beavis and Vine v Waltham Forest London Borough Council (2000). I do not feel that my argument will stand in court.

After much deliberation, I have decided to offer a settlement (I was thinking £78.50 (including DVLA charge of £2.50, the £1 it would have cost me to park there, the £50 legal representative costs and the £25 court fee). I am currently drafting that letter however I understand that I must also proceed with the defence as time is drastically running out.

Please, please, please can somebody help me with my defence. I feel completely out of my depth.

Thank you in advance.

[Kati]

Re: Civil Enforcement Limited. Help with Defence!

Why do you feel your argument will not stand up in court??

Can you post up a redacted copy of the "particulars" (or email them to me - kati@legalbeagles.info - with a link to this thread and I will)?

I'm sure M1 will be along soon to advise

K xx

[mystery1]

Re: Civil Enforcement Limited. Help with Defence!

Do not indicate to anyone who was driving in public as if the driver is known they become liable and not the registered keeper who has far better odds of winning.

I will get back to you later in the week when i am off work.

M1

[rachel25]

Re: Civil Enforcement Limited. Help with Defence!

Thank you so much for your reply.

I just feel that as I was in the car park, stationary, for (apparently) over ten minutes their argument would win in court. I am hoping that some experts can offer more insight though!

Here are the particulars:

1. At all material times, the Claimant managed the car park the address of which is stated on the attached Schedule of Information. The car park is private property.
2. By way of background, the Claimant uses Automatic Number Plate Recognition ('ANPR') cameras at the entrance and exit of the Car Park, which identify the vehicles time or [sic] arrival and departure from the car park.
3. There are many clear and visible signs in the Car Park advising drivers of the terms and conditions of using the Car Park. Drivers are permitted to park in the Car Park in accordance with the terms displayed on the signage, and these signs constitute an offer by the Claimant to enter into a contract with drivers.
4. The key terms of the terms are summarised in the attached Schedule of Information.
5. When the Defendant parked their vehicle (on the date and time as set out in the attached Schedule of Information) in the Car Park they accepted, by their conduct, the terms and conditions of parking. See Vine v Waltham Forest London Borough Council (2000) 4 All ER 169.
6. The Defendant breached the terms and conditions of the site and, as such, is liable to pay the Claimant the amount as set out in the attached Schedule of Information.
7. The Supreme Court Judgement in the case of ParkingEye Limited v Beavis has established that it is both legal and commercially justifiable for car park operators to implement a disincentive, such as the above, as to efficiently manage the car park for the benefit of its users. Our charge is neither extravagant nor unconscionable, and falls within the British Parking Authority's guidelines as stated in their Code of Practice.
8. The Claimant (directly/through its agents) was left with no alternative but to escalate the matter as a result of their non-payment of the debt, which further increased the amount owed, in accordance with the terms of parking by an additional £40.00.
9. The Claimant claims the amounts owed plus court and legal fees plus interest pursuant to section 69 of the County Courts Act 1984 on the amount found to be due to the Claimant at such rate and for such period as the court thinks fit.

Furthermore, here is the letter of settlement I intend to send:

'Civil Enforcement LTD
Horton House, Exchange Flags
Liverpool
L2 3PF



21/03/16

WITHOUT PREJUDICE SAVE AS TO THE QUESTION OF COSTS

Dear Sir/Madam,

Civil Enforcement Limited -v- xxxx
xxxxxx

I refer to the above claim, court papers for which were served on me on 7^th March 2016. I am writing to acknowledge the claim against me and to confirm that liability is denied in full. I am in the process of filing a defence will no doubt be served upon you, by the court, in due course.

Nevertheless, and notwithstanding the above comments, in the spirit of disposing of this matter swiftly and conveniently, I am willing to make an offer of settlement in the sum of £53.50. This has been calculated as follows; actual loss (£1 for one hour of parking), DVLA costs (£2.50) and reasonable admin cost (£50 legal representative costs). This offer is made in full and final settlement of the whole claim, inclusive of interest and costs and is made entirely on a 'without prejudice' basis and with no acceptance of liability.

I confirm that payment will be made in full within 14 days of receipt of acceptance of this offer together with details of required method of payment.

PLEASE NOTE: This offer is intended to have the consequences of Section 1 of Part 36 of the Civil Procedure Rules. It will remain open for a period of 23 days from the date of this letter (namely 21 days plus two days for service) after which time the offer will be withdrawn and in the event of the claimant failing to achieve a judgment in excess of the sum offered in this letter, an application will be made for an order that the claimant pay the defendant's wasted costs of the action in full.

I trust this will not be necessary and look forward to receiving your positive response shortly.

Yours faithfully,
XXXXXX'



Thanks again for your time.

- - - Updated - - -

Do not indicate to anyone who was driving in public as if the driver is known they become liable and not the registered keeper who has far better odds of winning.

I will get back to you later in the week when i am off work.

M1

Thank you so much for replying.

By the way, I am based in England (I noticed that you are based in Scotland and I don't know if that changes things).

[Kati]

Re: Civil Enforcement Limited. Help with Defence!

Furthermore, here is the letter of settlement I intend to send:

Hold off sending the letter for a while ... M1's sure to have some advice when he's off work :nod:

When's your defence due to be submitted??

[rachel25]

Re: Civil Enforcement Limited. Help with Defence!

Thanks, I will do.

The issue date of the CCJ form was 04/03/2016. Am I right in thinking that I have 28 days from this date? If so, I believe I have until the 01/04/2016.

[Kati]

Re: Civil Enforcement Limited. Help with Defence!

Thanks, I will do.

The issue date of the CCJ form was 04/03/2016. Am I right in thinking that I have 28 days from this date? If so, I believe I have until the 01/04/2016.

you get 33 days from date of issue (28 from receipt) so that will give you until April 6th - http://www.timeanddate.com/date/date...aw=&ad=33&rec=

From Friday, 4 March 2016
Added 33 days
Result: Wednesday, 6 April 2016

[rachel25]

Re: Civil Enforcement Limited. Help with Defence!

Brilliant, that is a massive relief. Thank you.

[mystery1]

Re: Civil Enforcement Limited. Help with Defence!

28 days from service of the particulars of claim so assuming they came later you have even longer. The letter is ok aside from part 36 doesn't apply in small claims (although as the claim hasn't been allocated it's not a small claim yet).

I wouldn't pay but certainly if you want to, i'm not going to stop you.

M1

[rachel25]

Re: Civil Enforcement Limited. Help with Defence!

28 days from service of the particulars of claim so assuming they came later you have even longer. The letter is ok aside from part 36 doesn't apply in small claims (although as the claim hasn't been allocated it's not a small claim yet).

I wouldn't pay but certainly if you want to, i'm not going to stop you.

M1

Thanks for pointing that out. I would much rather not pay, providing I can create a strong enough defence

[mystery1]

Re: Civil Enforcement Limited. Help with Defence!

The other bit that came with the particulars, the schedule, what does that say ?

M1

[rachel25]

Re: Civil Enforcement Limited. Help with Defence!

The other bit that came with the particulars, the schedule, what does that say ?

M1

It says:

Date of incident: 20/12/14
arrival time: 16:43:26
departure time: 17:17:21
site details: car park at Cowan Terrace, Sunderland, SR1 3NX
outstanding amount: £228.47 (including legal fees and interest to date)
summary of terms: Phone and Pay: £1 per hour, £3 for 24 hours. Payment must be made within 10 minutes of arrival- To deter abuse of this car park, these terms apply 24 hours a day. Disabled badge holders are not exempt from these conditions. If you do not pay within 10 minutes of arrival, or if you park longer than the period paid for, you agree to pay our charge. Additional costs with be incurred if payment is not received within 28 days.

[mystery1]

Re: Civil Enforcement Limited. Help with Defence!

rachel25defence.odt

Edit to suit.

M1

[rachel25]

Re: Civil Enforcement Limited. Help with Defence!

I cannot even begin to express my gratitude. Thank you so much for all of your help! That is amazing.

[rachel25]

Re: Civil Enforcement Limited. Help with Defence!

Hi,

Unfortunately, I am back. After sending off that brilliant defence and hearing nothing from CEL, I assumed I had won and had no outstanding debt. Yet today I received another letter informing me that I had an unpaid parking charge (the same one). I was under the impression that by not replying to the defense, the parking charge had been dropped. Can they still ask for this money?! I really do not know what to do anymore.

Any advice or knowledge would be appreciated.