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Civil Enforcements Limited, County Court Claim
post Sun, 18 Feb 2018 - 13:03
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I parked in High Wycombe in Wycombe Rye Lido car park on the 6/3/17. I arrived at the park with my wife and niece at around 12:55 and paid
for a ticket for the duration of 4 hours, having typed in my vehicle reg and entering money at the machine, I then displayed the ticket on my car window.
We left the park at 15:00 having around 2 hours left for our paid ticket. I naturally disposed of the ticket, only to receive a PCN letter around 2 months later for a fine
of £100 or £70 if I was to make the payment within a set period (2 weeks I think it was).

Contacting the company to appeal the parking fine was unsuccessful as telephone numbers provided on all letters received from them only connect you to an automated payment
line with no option to talk to a human being. I had therefore written to the company via e-mail and received no reply. I have a copy of the e-mail which I had sent in May 2017.
At the time that I had appealed, there was no appeals section on their website, only FAQs which stated I could e-mail or write a letter to post to a company address.

I acknowledged all received letters and attempted to contact them with no success at which point I took to was advised to ignore all letters . Over the months I have received additional letters with added costs to the original parking fine,
letters from the company's solicitor, and now a county court claim which gives me no specifics, but tells me I breached their terms and conditions. Since receiving the court claim I have
checked out their website again and they now happen to have an appeals section which allows you to put in the PCN number and the vehicle registration
number - I am no longer within the 28 days to appeal using this method. Should I still try?

I wish to defend all of this claim, as I had paid and displayed my ticket. The paper work asks me to fill out a section called defence and if anybody could be kind enough to assist me
in ways in which I can defend myself against this false claim, I would be very grateful.

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post Sun, 18 Feb 2018 - 13:03
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post Sun, 18 Feb 2018 - 13:05
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Post up PCN, both sides - edit out personal details, Car reg, PCN number
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post Sun, 18 Feb 2018 - 13:30
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Have you actually received a court claim from Northampton? If you have then acknowledge it immediately using the details on the form. Do not put anything at all in the defence.

Edit your post so that the identity of the driver cannot be inferred, though you may have inadvertently done this already. Use "the driver.....". Has the identity of the driver been revealed, simple Yes or No please.

Post up that PCN suitably redacted and that email you sent, also redacted.

On the surface this would appear that there can be no keeper liability as the PCN was received outside of the 14 days required by the legislation if there was no ticket on the windscreen, unless this is a hire car.

Edit: For the court claim if you acknowledge the claim online within 14 days then you have a total of 33 days from the date of issue of the claim to submit a defence to the court. The details and password are n the court form.

As they do not know the identity of the driver then CEL have to conform to the requirements of POFA to be able to transfer the liability to the keeper. Here's a link to POFA. You need to look at paragraph 9 with no windscreen ticket. This defines the relevant period of 14 days required to get the Notice to Keeper to the keeper in order to hold the keeper liable. That is why the identity of the driver is not given, there is no requirement to do so

Once the full details are available then you will get help with a defence, though look at other thread to get some idea what will be required.

What have the actually said was the reason for the issue of the charge.

This post has been edited by ostell: Sun, 18 Feb 2018 - 13:46
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post Sun, 18 Feb 2018 - 14:15
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From: With Mickey
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They do not intend to go to a hearing. They only attend if you counterclaim.

If you want shot of it then simply follow the court process of defending and they will discontinue.

RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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