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Defending a claim while abroad
zedi
post Fri, 20 Jul 2018 - 10:49
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I had accepted a job overseas last year.
On 25/10/17 I was given a farewell by my department in a local restaurant where I parked my car perfectly legally.
I left UK on 29/10/17 with my wife, leaving my house unattended.
I returned on holidays back to UK on 15/06/2018 to find all the parking notices and a court order
I responded to court order for defending the claim
I also attached a letter from restaurant confirming my presence in restaurant on the said date, I also attached my airline ticket, my contract and return ticket.
Now I have received DQ, Notice of proposed allocation to the small claims track.

My problem is I live and work abroad, how do I manage this case
Please advise

Zedi
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post Fri, 20 Jul 2018 - 10:49
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Jlc
post Fri, 20 Jul 2018 - 11:39
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Which parking company is this?


--------------------
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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zedi
post Fri, 20 Jul 2018 - 11:47
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This is CEL
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DancingDad
post Fri, 20 Jul 2018 - 11:53
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Am I right in assuming that the claim is for parking at the restaurant before you went abroad ?
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Jlc
post Fri, 20 Jul 2018 - 11:58
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QUOTE (zedi @ Fri, 20 Jul 2018 - 12:47) *
This is CEL

What exactly was your defence? CEL do not generally attend court if a proper defence has been entered anyway...

(One option is to request the 'hearing' on papers only - but this can be dangerous)


--------------------
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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zedi
post Fri, 20 Jul 2018 - 12:30
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Yes, this was just before I left, I parked legitimately in the restaurant parking where I attended my own farewell party. Restaurant is very apologetic now and they gave me letter that I was legally parked.
This letter is my primary defense
My 2nd defense is that PCN was issued on 3rd of November (8 days after the event) when I had already left the country on 29th of October. So I was not aware of this parking fine until I came back on holidays in June (8 months after the event)

CEL has already submitted their DQ but I dont know what is it.
Should I ask for mediation? being abroad I can still make or attend a phone call. I dont know if they would do Skype mediation.

This post has been edited by zedi: Fri, 20 Jul 2018 - 12:41
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peterguk
post Fri, 20 Jul 2018 - 12:58
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QUOTE (zedi @ Fri, 20 Jul 2018 - 13:30) *
Restaurant is very apologetic now and they gave me letter that I was legally parked.

So tell them to instruct CEL to discontinue the court claim.


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Redivi
post Fri, 20 Jul 2018 - 14:36
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Should I ask for mediation? being abroad I can still make or attend a phone call. I dont know if they would do Skype mediation.

Never agree to mediation with a parking company - there is no common ground for an agreement

Worse :

For you this is a once in a lifetime experience
For CEL this is somebody's daytime job

I studied the results of mediation for one parking company
On average they obtained about 80% of the original demand

It made no difference whether or not they would have won or lost in court
This was more profitable than paying the hearing fee and turning up in Court

The mediator isn't going to help you
He has no interest in the facts of the case because his job is to prevent the hearing
We've had reports of mediators telling defendants they have no defence and should settle "before it gets really expensive"
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ManxRed
post Fri, 20 Jul 2018 - 14:51
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QUOTE (peterguk @ Fri, 20 Jul 2018 - 13:58) *
QUOTE (zedi @ Fri, 20 Jul 2018 - 13:30) *
Restaurant is very apologetic now and they gave me letter that I was legally parked.

So tell them to instruct CEL to discontinue the court claim.


History tells us that CEL, of all the PPCs, are the ones most likely to ignore that kind of instruction!

However they are also most likely to fold in the face of a decent defence.


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ostell
post Fri, 20 Jul 2018 - 14:52
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Can you get the restaurant to contact CEL and demand that they cancel? The principal can demand that a contractor cancel even if it has got to court. CEL will scream and kick and say it can't be done but they, as usual, are lying. If you can get yourself on copy of the demand to cancel letter/email.
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Redivi
post Fri, 20 Jul 2018 - 15:19
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That's assuming the restaurant even has a contract with CEL

Most land-owners contract with the "clean" parent company, Creative Parking, that sub-contracts the operation to CEL
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zedi
post Fri, 20 Jul 2018 - 16:44
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Thank you so much everyone, so far I have gathered that.
1: I need to contact the restaurant to see if they can ask CEL to cancel the court proceedings

2: mediation is waste of time.

So please tell me if we go to court then can I nominate a friend to represent me as I am working abroad. What I mean is that if I have to come my self then I will have to spend money for airfare which is fine if am fighting for a principle but it will not make any sense economically.
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Eljayjay
post Fri, 20 Jul 2018 - 16:51
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As Zedi is now working and living abroad, can he not dispute the jurisdiction?
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zedi
post Fri, 20 Jul 2018 - 16:57
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This was the letter written by the restaurant which seems very reasonable

The Manager
Creative Parking Solutions

Dear Sirs

PCN number xxxxxxxxxx issue date 3/11/2017

We wish to confirm that the owner of car xxxxxxxxxxx with registration number xxxxxxx who was issued above PCN was in fact legally parked in the restaurant premises at xxxxxxxx Restaurant. address xxxxxxxxxxxx, while dining as one of our guests on the day (25/10/2017).


Kindly revoke the PCN and discontinue any proceedings against our legitimate customer as this has unfortunately happened as an oversight.

Kind Regards

Director of Restaurant
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Redivi
post Fri, 20 Jul 2018 - 17:23
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Not sure of the procedure but, as you're at the DQ stage, you could ask the court for a special direction to deal with the case on the papers without a hearing
Stress the costs that will be disproportionate to the claim if you have to travel from the USA or appoint a solicitor to represent you - a friend can't do it unless you're there


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ostell
post Fri, 20 Jul 2018 - 20:53
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Send a copy of that letter and suggest that now might be a good time discontinue action as the principal has asked for cancellation. Make it a drop hands offer.

This post has been edited by ostell: Sat, 21 Jul 2018 - 06:11
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DancingDad
post Fri, 20 Jul 2018 - 21:23
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I would not let CEL know that you may have difficulty in attending any hearing.... would make it tempting for them to ignore anything in the hope that you will fail to show leaving them with a default win.
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southpaw82
post Fri, 20 Jul 2018 - 21:57
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QUOTE (zedi @ Fri, 20 Jul 2018 - 17:44) *
So please tell me if we go to court then can I nominate a friend to represent me as I am working abroad.


No.

QUOTE (Eljayjay @ Fri, 20 Jul 2018 - 17:51) *
As Zedi is now working and living abroad, can he not dispute the jurisdiction?

On what grounds?


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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zedi
post Sat, 21 Jul 2018 - 07:33
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Thank you all

I have almost made up my mind

I am not going for mediation
I will try an on paper trial but

Even if I have to attend a hearing I will attend. This is because I feel very strongly that I should fight these thugs at all cost.



This post has been edited by zedi: Sat, 21 Jul 2018 - 07:34
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ostell
post Sat, 21 Jul 2018 - 08:05
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Make sure that the solicitor and CEL know about the existence of that letter. Suggest that comtinuing when the principal has requested them to cease would be unreasonable.

This post has been edited by ostell: Sat, 21 Jul 2018 - 08:34
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