Defending a claim while abroad |
Defending a claim while abroad |
Fri, 20 Jul 2018 - 10:49
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#1
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New Member Group: Members Posts: 8 Joined: 20 Jul 2018 Member No.: 98,987 |
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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Fri, 20 Jul 2018 - 10:49
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Fri, 20 Jul 2018 - 11:39
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#2
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
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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Fri, 20 Jul 2018 - 11:47
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#3
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New Member Group: Members Posts: 8 Joined: 20 Jul 2018 Member No.: 98,987 |
This is CEL
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Fri, 20 Jul 2018 - 11:53
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#4
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
Am I right in assuming that the claim is for parking at the restaurant before you went abroad ?
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Fri, 20 Jul 2018 - 11:58
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#5
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
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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Fri, 20 Jul 2018 - 12:30
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#6
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New Member Group: Members Posts: 8 Joined: 20 Jul 2018 Member No.: 98,987 |
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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Fri, 20 Jul 2018 - 12:58
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#7
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
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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Fri, 20 Jul 2018 - 14:36
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#8
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
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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Fri, 20 Jul 2018 - 14:51
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#9
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Member Group: Members Posts: 9,985 Joined: 20 Aug 2008 Member No.: 21,992 |
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. -------------------- Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Fri, 20 Jul 2018 - 14:52
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#10
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
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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Fri, 20 Jul 2018 - 15:19
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#11
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
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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Fri, 20 Jul 2018 - 16:44
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#12
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New Member Group: Members Posts: 8 Joined: 20 Jul 2018 Member No.: 98,987 |
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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Fri, 20 Jul 2018 - 16:51
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#13
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Member Group: Members Posts: 901 Joined: 1 Apr 2017 Member No.: 91,235 |
As Zedi is now working and living abroad, can he not dispute the jurisdiction?
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Fri, 20 Jul 2018 - 16:57
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#14
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New Member Group: Members Posts: 8 Joined: 20 Jul 2018 Member No.: 98,987 |
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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Fri, 20 Jul 2018 - 17:23
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#15
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
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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Fri, 20 Jul 2018 - 20:53
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#16
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
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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Fri, 20 Jul 2018 - 21:23
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#17
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
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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Fri, 20 Jul 2018 - 21:57
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#18
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
So please tell me if we go to court then can I nominate a friend to represent me as I am working abroad. No. As Zedi is now working and living abroad, can he not dispute the jurisdiction? On what grounds? -------------------- Moderator
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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Sat, 21 Jul 2018 - 07:33
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#19
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New Member Group: Members Posts: 8 Joined: 20 Jul 2018 Member No.: 98,987 |
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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Sat, 21 Jul 2018 - 08:05
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#20
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
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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