Church Car park - Vicar subcontracts to Civil Enforcement - old people getting fines, Old people legitimately parking but not using entry computer properly Options

[mrdancer]

[attachment=85525:01_CEL_s...redacted.png]This is a particular case from a string of elderly people who are using a church car park regularly but getting fined by Civil Enforcement company

They are allowed to park there. they are supposed to type in their number plate in a machine upon entry. This is managed by Civil Enforcment, on behalf of the Vicar and the church. But people are getting in a muddle typing in - it appears that they dont get show a confirmation of the typing.

In this particular case a paritioner has tried to write letters by hand to Civil Enforcement explaining the situation but is not getting replies, just a string of escalting formal demands from Civil Enforcement.

So far the string of letters frmo them has gone from Civil Enforcement -> ZZPS Debt Collection -> GCTT Sollictors -> Debt Collection Claim form at the County Court in Liverpool


She is very despondent and doesnt know what to do. I am writing on behalf of her as she doesnt know how to use the computer./ I am attaching the initial letters of each claim from them in the sequence, additinoally I am attaching her hand written letters

I hope someone can help

This post has been edited by mrdancer: Mon, 5 Jun 2023 - 22:57

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[hcandersen]

OP, where is this pl?

We can then look at GSV which might have photos around Nov. 2021.

In addition, if the terminal is the same pl take photos of each screen as a motorist progressively enters their info. Also find out whether the functionality of the screen has changed since Nov. 2021.

[mrdancer]

Its the Car Park for St James' Church, 44 Wash Lane, Clacton, CO15 1DA

https://goo.gl/maps/LBTtUQVA8eEFMYJ5A

[mrdancer]

So I am trying to get the parishoners to speak to the Vicar to get this sorted properly. Because if it isnt , this is just going to happen again. The problem is that they are well past retirement age so many dont really know what is going on. The lady in question here rang the Vicar, who just said "he couldnt really do anything about it" - which sounds like complete nonsense.

So I am trying to find some of the parishoners who have a level of resolve to get this dealth with . I understand that the church had shoppers and holiday makers using their carpark, thats why they got this CEL in to organise parking (under whose recomendation I dont know)

My personal feeling about the way forward is that
1. They get the vicar to stop all actions by CEL immediately . (and somehow get all the relevant fees paid. - Use a collection amongst parishoners? Its supposed to be a church after all)
2. In this case - I think the stress and complexity will be too much for the person in question. She says she doesnt care about a CCJ, but I dont think she would like Bailiffs turning up. Again my feeling is , this should be stopped , either by the Vicar, or just by paying the fine. It isnt a massive amount, and from my knowledge of the person and her friends, this is doable
3. Cancel contract with CEL immediately. This maybe difficult if they are contracted over time.

[Redx]

Bailiffs won't be calling round, especially not if she lost in court and settled the matter promptly with full payment of the figure set by the judge, usually within 30 days, it's just her imagination gone mad because she has seen TV programmes where people owing over £600 get bailiffs knocking, not say £212 for one pcn.!!

We can understand that tourists and shoppers need keeping out of the car park, but there are better options and a system is needed whereby the church or landowner can cancel legitimate visitors pcns, regardless of VRM entry into a tablet or machine, even if its after the event

Otherwise yes it will keep happening, because CEL want people to fail so that they can charge them money for alleged breach of the parking contract

That vicar or church should be taking responsibility to ensure that legitimate visitors are never punished, plus get out of jail free options too, as a backstop

This post has been edited by Redx: Wed, 7 Jun 2023 - 10:24

[mrdancer]

If she pays the amount outstanding, will this stop all of the court action?

[Redx]

If she pays the amount outstanding, will this stop all of the court action?

It should do, although we would advise negotiating a settlement of say £130 to £212, not the amount claimed on the claim form, using a letter headed, without prejudice save as to costs, assuming this is her wish.? She can settle out of court at any time, the claimant would discontinue the claim, job done

A loss in court is approximately £212, hence that upper limit

I am assuming that only one pcn is involved, because the figures are higher for multiple pcns

Or she can carry on and fight it, because the defence has already been submitted

[hcandersen]

Parallel action to achieve Plan A, cancellation by landowner.


Forget the Vicar('If your enquiry is pastoral or spiritual in nature then please contact our parish priest'), contact one of the 'team' and find out the Secretary of the PCC(as it's called here) to see when their next meeting is and how public issues may be brought to their attention.

http://www.stjamesclacton.uk/2021/07/22/meet-the-team/

[mrdancer]

thanks for that. Might CC them all. Action needs to be taken

[mrdancer]

The court have offered Mediation, via a small claims channel - is this worth pursuing? I doubt that Civil Enforcement would bother with this (though this is conjecture on my part)

Many thanks

[Redx]

The court have offered Mediation, via a small claims channel - is this worth pursuing? I doubt that Civil Enforcement would bother with this (though this is conjecture on my part)

Many thanks

Standard procedure these days, have a read of the advice over on mse parking forum regarding this conundrum

Generally speaking there is no middle ground and the mediators try to get the defendant to pay up and avoid court, not to discuss the case

We would tell you that you want to pay nothing at all, the claimant would want their full pound of flesh, so normally that means a impasse until a judgment is made , in which case it continues on until either a discontinuance or a hearing in court

What you should be doing is reading threads over on mse parking forum as well as on here and keep abreast of these active cases like yours, not just reacting to every development, it's your case, so keep researching, which is what we do

This post has been edited by Redx: Sun, 6 Aug 2023 - 07:15

[hcandersen]

Parallel action to achieve Plan A, cancellation by landowner.


Forget the Vicar('If your enquiry is pastoral or spiritual in nature then please contact our parish priest'), contact one of the 'team' and find out the Secretary of the PCC(as it's called here) to see when their next meeting is and how public issues may be brought to their attention.

http://www.stjamesclacton.uk/2021/07/22/meet-the-team/

...and???

This post has been edited by hcandersen: Sun, 6 Aug 2023 - 07:15