PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

Civil enforcement, Chasing after 2 years
Sigurd
post Wed, 14 Mar 2018 - 20:55
Post #1


Member


Group: Members
Posts: 51
Joined: 14 Mar 2018
Member No.: 97,033



Good evening all. First time poster and possibly a tad too late but here goes !
I received an invoice from Civil Enforcement in April 2016 for overstaying in Taunton Holiday Inn car park. I appealed at the time stating poor signage positions and punitive charging etc. Appeal rejected. I then made a Popla appeal which was also rejected. I waited and heard nothing from Civil Enforcement after this at all until a letter today, nearly 2 years later, asking for £100 within 14 days or the hounds of hell shall be released on me !!
Any advice as to how I should deal with this would be much appreciated.

Many thanks
Go to the top of the page
 
+Quote Post
5 Pages V  « < 3 4 5  
Start new topic
Replies (80 - 96)
Advertisement
post Wed, 14 Mar 2018 - 20:55
Post #


Advertise here!









Go to the top of the page
 
Quote Post
nosferatu1001
post Fri, 15 Feb 2019 - 09:36
Post #81


Member


Group: Members
Posts: 20,105
Joined: 27 Nov 2007
Member No.: 15,642



1) DO NOT PUT A SUMMARY OF YOUR DEFENCE

How many times

2) Just have a simple numbering. 1, 2, 3, 4. No mixuing of a, b, c and i, ii, iii etc

3) , (which incidentally was an untruth as I had not received any correspondence in two years.)
No it wasnt. They HAD sent various communications. Just delete.

3)
The Now famous Beavis judgement actually relied on good clear signage and a penalty amount that was also clear and obvious so that the consumer would be in no doubt as to the contract they were forming.
No.
"the Beavis judgement relied on clear signage and a parking charge amount that was clear and obvious ...."

Then include a PICTURE Of the Baevis sign,ps o you can illustrate the difference between this and the sign in the car park. But I would do this AFTER you get to the car park

Think of this as a timeline
WHy talk about Beavis and signs, when yuo havent yet seen a sign?

"I put it on record..."
erm, just say "Had I seen a clear and obvious sign stating charges apply, instead of the HI sign stating nothing about charges..."

HOw much was the final chance to pay from CEL? Thats one figure you did not include.
I woudl put dates in numeric form. Much easier to see
So give the actual date e.g. 01.04.2018
Go to the top of the page
 
+Quote Post
Sigurd
post Fri, 15 Feb 2019 - 10:53
Post #82


Member


Group: Members
Posts: 51
Joined: 14 Mar 2018
Member No.: 97,033



I, XXXXX, of XXXXXXXX, will say as follows:

I am the Defendant in this matter. Attached to this statement is a paginated bundle of documents marked AB- - to which I will refer.


1. On 30/4/2016 I was meeting a friend to drive on to an event. We decided to meet at the Holiday Inn car park as it was handy to the motorway and as a regular customer, had used it many times before as a meeting point.
In previous visits there was a two hour grace period similar to the other Holiday Inn Express directly across the road which has this to this day.

2. I drove into the entrance, and attracted by the large green Holiday Inn sign offering parking with no terms and conditions attached (see AB001) I followed this sign to the car park.
3. I pulled into a space (marked on AB002)and waited for my friend who was being dropped off by his mother who got stuck in traffic and therefore I waited for around 40 minutes when my friend was dropped off and we went on our way.
4. During all of this I did not notice any other signs or anything that stood out to tell me that any type of strict regime was in place.
5. I received a demand for £100 from CEL a couple of weeks later.
6. I decided to appeal this and wrote to CEL explaining my position but this was refused.
7. I phoned the hotel and spoke to a member of staff who informed me that there was nothing they could do by this stage, but had I contacted them immediately there would have been an opportunity to help.
8. I then went on to a Popla appeal and heard nothing from this until I received a letter from CEL saying i had been unsuccessful.
9. I was unable to log back in to the Popla site and eventually I just forgot about it and got on with my life.

10. Two years later on 12/3/2018 I received a letter from CEL demanding £100 (AB/003) saying that ‘despite our various communication your debt remains outstanding’
This was followed by :
11. Two letters from something called ZZPS on 18/04/2018 and 04/05/2018 (AB/004, AB/005), asking now for £160.
12. On 25/05/2018 and 12/06/2018 were two letters from QDR solicitors(AB/006,AB/007), where the alleged debt has risen to £196.
13. Next in the bombardment of mail came on 24/08/2018 from the Claimant themselves this time (AB/008), giving me a final opportunity to pay the sum of £196.
14. I then finally received court claim forms in October where the amount had grown to £308.85 after some strangely worked out interest charges had been added.

15. I have returned to the site and photographed the entrance(AB/001) which shows the landholders sign offering parking and the small badly positioned and scripted agents sign (AB009).
16. Even now that I know the sign is there I have to take my eye off the road to look up and still can’t read the small print.
17. Compare this with the sign from the Beavis case (AB/010) which is correctly coloured to stand out and has an obvious penalty amount showing.
18. The Beavis judgement relied on clear signage and a parking charge amount that was clear and obvious so that the consumer would be in no doubt as to the contract they were forming. I have included some excerpts from the judgement which refer to signage (AB/011)

Had I seen a sign where it brought to my attention the restrictions and penalties involved I would not have parked there.

The issue the court is being asked to deal with is de minimis and the court's valuable time should not have been taken up with this matter.

I believe that the facts stated in this Witness Statement are true.


Signature of Defendant:


Name:
Date:

I hope I have taken everything on board. How does this read ?
Go to the top of the page
 
+Quote Post
nosferatu1001
post Fri, 15 Feb 2019 - 10:58
Post #83


Member


Group: Members
Posts: 20,105
Joined: 27 Nov 2007
Member No.: 15,642



Is it really de minimis?
De minimis would be - there was a 20min parkgn time and the vehicle stayed 20min and 30 seconds.
Go to the top of the page
 
+Quote Post
Sigurd
post Fri, 15 Feb 2019 - 11:08
Post #84


Member


Group: Members
Posts: 51
Joined: 14 Mar 2018
Member No.: 97,033



Ok, will remove that. Any other tweaks you can recommend or am i finally getting there ?
Go to the top of the page
 
+Quote Post
Sigurd
post Mon, 18 Feb 2019 - 07:47
Post #85


Member


Group: Members
Posts: 51
Joined: 14 Mar 2018
Member No.: 97,033



Morning Nosferatu, with the de minimus bit removed, would you say this is good to go? And is it likely to see off cel do you think? Thankyou!
Go to the top of the page
 
+Quote Post
nosferatu1001
post Tue, 19 Feb 2019 - 10:53
Post #86


Member


Group: Members
Posts: 20,105
Joined: 27 Nov 2007
Member No.: 15,642



As likely as any!
Weve seen very few times where they show up.
Go to the top of the page
 
+Quote Post
Sigurd
post Tue, 19 Feb 2019 - 11:26
Post #87


Member


Group: Members
Posts: 51
Joined: 14 Mar 2018
Member No.: 97,033



Brill, thanks for all your help and most of all your patience!! I will get my bundle together now and send it all off. Part of me hopes they do show up as I would quite like to face them tbh.
Go to the top of the page
 
+Quote Post
nosferatu1001
post Tue, 19 Feb 2019 - 11:38
Post #88


Member


Group: Members
Posts: 20,105
Joined: 27 Nov 2007
Member No.: 15,642



Remember
Do not "send" to the court
Hand deliver your lovely bundle, in a folder with dividers etc. Case number, claimant and defendant on the front.

Send to the claimant either email, printing out and STAPLING to your COURT bundle a copy of the send confirmation, or by post, first class with free proof of posting.
Go to the top of the page
 
+Quote Post
Sigurd
post Tue, 5 Mar 2019 - 18:59
Post #89


Member


Group: Members
Posts: 51
Joined: 14 Mar 2018
Member No.: 97,033



So I posted my pack to claimant last Wednesday,first class with proof and hand delivered my lovely professional bundle to the court on Friday. Deadline was yesterday afternoon for both parties and yet I have received nothing from the claimant.
Are they not obliged to follow the rules as I have done ?
Go to the top of the page
 
+Quote Post
Ollyfrog
post Wed, 6 Mar 2019 - 02:12
Post #90


Member


Group: Members
Posts: 418
Joined: 22 Oct 2018
Member No.: 100,530



Yes they are supposed to. Have a look on the MCOL and see what's showing.
Go to the top of the page
 
+Quote Post
nosferatu1001
post Wed, 6 Mar 2019 - 10:39
Post #91


Member


Group: Members
Posts: 20,105
Joined: 27 Nov 2007
Member No.: 15,642



Olly, nope, not MCOL. MCOL is not used once the claim is transferred to the local court.

Sigurd - call the local court
Ask them if they have received the claimants bundle
State you have not recieved theirs, and you would like it noted that the claimant has missed the deadline and breached the court order X of date Y
This puts you at a serious disadvantage, as you have nothing to help your appearance on Z date.

It might only be a day but its still a breach.
Go to the top of the page
 
+Quote Post
Sigurd
post Wed, 6 Mar 2019 - 18:03
Post #92


Member


Group: Members
Posts: 51
Joined: 14 Mar 2018
Member No.: 97,033



Thankyou Nosferatu, I will call the court as you say. It’s 2 days late now and counting.
Go to the top of the page
 
+Quote Post
Sigurd
post Tue, 12 Mar 2019 - 10:53
Post #93


Member


Group: Members
Posts: 51
Joined: 14 Mar 2018
Member No.: 97,033



I rang the court and explained the situation and they checked and, like me had received nothing from the claimant either. They suggested that I send an email explaining all this and I have done this, making the point of my severe disadvantage because of this failure to comply with the courts order.
We shall wait and see...
Go to the top of the page
 
+Quote Post
Sigurd
post Fri, 15 Mar 2019 - 16:27
Post #94


Member


Group: Members
Posts: 51
Joined: 14 Mar 2018
Member No.: 97,033



Hi everyone, i just got home to find a letter from CEL discontinuing the case. It would appear that they don’t have the stomach for a fight, which is a little disappointing in a way. A huge Thankyou to this forum and especially Nosferatu and SchoolRunMum who have been such a massive help and amazingly patient at times !! It goes to show that, with this forums advice, a well constructed defence and witness statement is often all it takes to beat these cowboys.
Best regards to you all x
Go to the top of the page
 
+Quote Post
Peter4321
post Fri, 15 Mar 2019 - 20:55
Post #95


Member


Group: Members
Posts: 14
Joined: 27 Oct 2016
Member No.: 88,063



Well done.

When though will the Courts take action in respect of the time they have to waste on dealing with the hundreds - if not thousands - of claims that are discountinued at the 11th hour.

This abuse of the system by PPC’s and their “ambulance chasing” solicitors is appalling.
Go to the top of the page
 
+Quote Post
ostell
post Sat, 16 Mar 2019 - 10:11
Post #96


Member


Group: Members
Posts: 9,923
Joined: 8 Mar 2013
Member No.: 60,457



So write to the court and complain about CEL's unreasonable behavior in withdrawing at the last moment, wasting your time and costs so far. Calculate your time at the litigant in person rate of £19 ph and the costs of postage, paper and printing.

Also contact the court to make sure that CEL have told the court that they are discontinuing.
Go to the top of the page
 
+Quote Post
Sigurd
post Sat, 16 Mar 2019 - 14:47
Post #97


Member


Group: Members
Posts: 51
Joined: 14 Mar 2018
Member No.: 97,033



They sent me a copy of the N279 discontinuance form which has been sent to the court. I suppose I should go for expenses and give the claimant a taste of their own medicine!
Go to the top of the page
 
+Quote Post

5 Pages V  « < 3 4 5
Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 21st March 2019 - 12:59
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.