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HELP. Received county court letter re. Parking fine, Civil enforement because of 35min delay in buying ticket
Borolad81
post Fri, 6 Aug 2021 - 23:05
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First time posting here.

Last year I parked in a private car park and decided to get my 4yr old child out of the car and into his pushchair... I started walking to my destination whilst trying to pay for parking via app.. however the app would not load even though my internet was working fine. After 35 mins of trying the app suddenly started working and I paid for the parking ticket for my stay.

However I received parking fine letters from civil enforement which I decided to ignore all along.

Received a county court letter few days back with a issue date of 27th july. Today I have filed a AOS online.

Any help will be much appreciated on how to take it from here.


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post Fri, 6 Aug 2021 - 23:05
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Borolad81
post Fri, 8 Oct 2021 - 14:43
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So I will post the completed questionnaire to the court and CEL.... I will opt for mediation aswell. Is this correct for next step?
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Glacier2
post Fri, 8 Oct 2021 - 14:55
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Yes.
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nosferatu1001
post Fri, 8 Oct 2021 - 16:58
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1) why are you posting? Email exists and is free
2) why are you mediating? Are you prepared to be told you're going to lose and get hundreds in costs awarde3d against you?

MSE forum newbies thread. Post two. Read it, twice, and follow it, as it has a complete and total guide to the entire process,
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Borolad81
post Fri, 8 Oct 2021 - 17:35
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I'm not expecting any outcome of mediating, I just think it shows that I want to sort this out, if I don't opt for mediating then maybe it looks like I don't want to give time to sort out this issue?
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nosferatu1001
post Fri, 8 Oct 2021 - 21:19
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It would have no bearing. Mediation is where you think you owe something, just not the amount the claimant asks. You think you owe...nothing.
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Borolad81
post Wed, 13 Oct 2021 - 16:51
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Today I received a pack of paperwork from CEL, it consists of past letters they have allegedly send me aswell as picture of the can entering and leaving the car park. There is also some forms that require me to input my income and expenditure etc. Do I need to respond or do anything about this?
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nosferatu1001
post Wed, 13 Oct 2021 - 23:18
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Tell us exactly what you have, not a summary

Income etc is usually letter before claim stage.
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Borolad81
post Wed, 13 Oct 2021 - 23:25
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It's the SAR request I did earlier on?
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DWMB2
post Wed, 13 Oct 2021 - 23:37
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QUOTE (Borolad81 @ Thu, 14 Oct 2021 - 00:25) *
It's the SAR request I did earlier on?

Okay, but what exactly does it contain? You asked if you need to respond, but that's hard to say without knowing exactly what you have received.


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Borolad81
post Thu, 14 Oct 2021 - 07:19
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They are past letters from CEL tomme, aswell as pics of my car and also a income and expenditure form
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nosferatu1001
post Thu, 14 Oct 2021 - 07:58
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Yes, and as I told you
Income and expenditure forms usually are accompanied by a letter before claim, and so have NO BEARING once you're in a claim.

So
Again
What precisely do you have
Precisely
Not a summary
Stop summarising
Because otherwise the answer to yiur question is a "how can we possibly say yes or no, as we don't know what you have"
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Borolad81
post Sun, 17 Oct 2021 - 21:46
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Ok I have filled in the questionnaire, does anyone know which email address I can send it to the court? Also if anyone has CEL email address that I can send their copy to that would be great.
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nosferatu1001
post Sun, 17 Oct 2021 - 21:52
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Court - same one you sent your defence to
CEL - website, try searching the forum.
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Borolad81
post Sat, 27 Nov 2021 - 11:17
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Hello all.

So a few days ago I received a letter from court asking if I would prefer a telephone or written trial as ccourts are to busy, the court have given me a few days to reply.

However yesterday I received a letter from cel that they are giving me a option to pay them £85 (original £60 fine plus the £25 court fee) to close the case.

Any recommendations on what I should do? I don't mind paying the £85 to save the headache, but at same time i I don't min enot paying and going to court if there is a chance il win.

Any advice much appreciated
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nosferatu1001
post Sat, 27 Nov 2021 - 22:20
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Never ever paper. Get that option out your head. It's hearing in person or video or nothing. For obvious reasons

Was the offer titled withiut prejudice, or WP save as to costs? Or neither? State precisely an answer to that question. It's very important.

Think of it this way. They were after what, over £200? Now they want....£85....think they might not fancy their chances!?

I think you have a VERY good chance. A failing of the app is why they issued a charge. Not your fault.
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Borolad81
post Sat, 27 Nov 2021 - 22:50
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The letter states... Due to covid, we are willing to settle this claim for the sum on £85, this offer is available for a specified time after which they will pursue further if not paid.

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DWMB2
post Sat, 27 Nov 2021 - 23:00
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Not sure what Covid has to do with it, sounds like a convenient reason for them to quote. If they were confident of their case, you'd have to question why they're now willing to settle for less than the actual value of the charge.

Answer nosferatu's question re, Without Prejudice - does the letter state anywhere (usually at the top/in the header) 'Without prejudice' or 'Without prejudice save as to costs' -yes/no? If in doubt, show us a redacted copy.


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Borolad81
post Sat, 27 Nov 2021 - 23:17
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It states.. without predujice save as to costs.
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nosferatu1001
post Sun, 28 Nov 2021 - 07:25
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Ok so that means they cannot show that letter to the court until AFTER judgement.

IF they win, which isn't likely but is of course possible as YOU are not in charge but a third party, the judge, they can argue that they made a good offer and if you'd accepted it, they would take have had to pay for someone to attend etc so please give us more money judge.

I still don't think it will have a negative on you, as I think you have a string defence, but it's worth letting you know.
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Jlc
post Sun, 28 Nov 2021 - 09:08
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They may discontinue if you do not accept their kind offer. But then again they may not…

Mathematically they are probably better off by taking the £60 than winning at court (although they'll push for costs and their letter is part of that strategy).


--------------------
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, SAR=Subject Access Request

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