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FightingBull
Hello,

I'm in urgent need of help with a defence template for CEL.
I've acknowledged the service and now have until Friday 30th August (2019) only 2 days time to file my defence.

I've found several templates which I've copied and pasted to try and adapt but I don't understand a lot of what is written in them nor do I think a lot of it applies to my particular situation?

Here's a summary of my case:

I had just started work as a Health Care Assistant (2nd day on the job) and it was my job to accompany an 82yr old deaf and partially blind gentleman to his GP appointment at his local surgery.

We were running a few minutes late so upon on arrival at the surgery I registered his name and date of birth but failed to register my number plate to issue a permit to park in the the surgery car park. Once we were being seen by the GP my gentleman reminded me that I needed to register my car (he is still able to talk but cannot hear anything) I asked his GP if I could run to reception and register car but she was on a call with his hospital so didn't answer me. I was unable to leave the room after that as I needed to relay the information the GP had received from the telephone call by using a tablet to type on for my patient to read. Soon after that the appt was over so we promptly left the surgery, with myself expecting to see a parking ticket on my car. No parking ticket issued luckily so I didn't think anything else of it. Within a week or so I received my first of many threatening letters from CEL.
I approached the surgery receptionist who told me they had nothing to do with it and that I had to appeal using the appropriate channels.. I appealed using an appt card the receptionist had given me to prove I wasn't abusing the car park and was actually escorting a patient to an appt. My appeal was denied. I continued to receive further threatening letters with escalating fees on top of the original £60 fine.. I approached the surgery manager who finally wrote a headed letter explaining that I was using the car park correctly and sent that to CEL who ignored it and stated that I was still in breach of contract. They have photographs of my car entering and leaving the car park. I have since received a County Court Claim letter which I have acknowledged and now only have 2 days left to file my defence.

I'm a total novice at this and I'm also 5 months pregnant with a manic 2yr old daughter going through a nasty break up with her father who was originally helping me with this and who is the one who advised me to take it all the way. Now I have been left high and dry I have had to register and post this in he hope that someone sees it and is able to give me any advice?

Is there a generic defence template out there that I can adapt to my particular situation. I've tried to search but I don't know how to use this site yet and don't even know if this post is going to go the right place?

Thank you so much to those of you who read this post... And sorry if I've left crucial information out, I'm really not sure what to write..

I've attached the CCJ letter to show how much the amount being demanded has now risen to (£272.12)

Thanks again,
Redivi
You've left the claim number and password in that picture

Anyone could log onto Moneyclaim and agree the claim, leaving you stuffed

There are dozens of CEL defence examples
Make sure you use one no later than 2018

You don't have to alter more than a couple of sentences
In your case you include that the Principal instructed CEL to cancel the parking notice

All the other standard CEL defence points apply:

Claim discloses no cause of action
Statement of truth isn't signed by a company officer or solicitor
CEL doesn't have a contract with the Trust
Signs not compliant with Code of Practice
Fake debt collection charge
Fake Legal Representative fee
Niponeoff
Let me know which one you use, we are going through this with civil enforcement, exactly the same as yours, didn't register details at a dentist, valid appointment. I can't believe they allow this to happen.
FightingBull
Thank you Redivi, I've edited post and uploaded new photo. I really appreciate you pointing that out. Thanks also for your advice, I will get working on my defence today and try to post before submitting if I have time.

Either way, I will post for you Niponeoff - can't believe they are managing dentist car parks too! :-(
Redivi
You can email your defence but it must be signed

The best method is to write the defence in Word, insert a scanned signature and convert to pdf

Don't use Moneyclaim for the defence
There isn't enough room and it messes up your careful formatting

If you post it, keep a copy and ask the Post Office for a free certificate of sending
Niponeoff
Hi, did you post a defence. How did you get on? Ours is coming up soon.
FightingBull
Hello, so here's the latest update with regards to Civil Enforcement Ltd taking me to court..
I filed a defence as best I could by adapting a template I found on here but without any help so it was rushed and most likely a bit muddled, regardless I received a Claim Form in the post about 4-5 weeks later explaining that it was going ahead. I stupidly left if until the last day to post the claim form back and naively accepted the mediation process which was offered in the letter as it stated that if mediation failed it would go to court anyway..

I've now received an email from the mediation service asking me to telephone them and book an appointment. But only if I agree to negotiate the sum of the claim which I am of course not wanting to do. I guess I shouldn't have ticked the mediation box on the Claim Form but I wasn't sure if it would make things worse forgoing it.

Anyway, the email also says, if I am unable to find a suitable time and date for the mediation or they do not hear back from me (no timeframe given) then it will automatically go to a court hearing. Which I guess is my only viable option if I want to have a chance at ending this without paying them any money.

The email doesn't show anywhere to call if you DO NOT want a mediation so I am left to have to hope that by leaving it to "time out" it will next get transferred to a hearing without making me look bad?

This is all extremely stressful and tedious. I have a 2yr old daughter and am 7 months pregnant with my 2nd child and really don't want to have to be thinking about any of this right now, or EVER!! 😣🤦🏻‍♀️

Any advice or help would be much appreciated.

Here is the defence I filed: 😬

I am X the defendant in this matter and registered keeper of vehicle.

I deny I am liable for the entirety of the claim for each of the following reasons:

1. The Claim Form issued on the 29th July 2019 by Civil Enforcement Limited was not
correctly filed under The Practice Direction as it was not signed by the Claimant’s Legal Representative nor a named employee/Director, nor any legal person. The claim does not have a valid signature and is not a statement of truth. It states that it has been issued by “Civil Enforcement Limited” as the Claimant’s Legal Representative. Practice Direction 22 requires that a statement of case on behalf of a company must be signed by a person holding a senior position and state the position. If the party is legally represented, the legal representative may sign the statement of truth but in his own name and not that of his firm or employer. The claim should therefore be struck out as the claimant has not complied with pre-court protocol.

2) The Principal instructed CEL to cancel the parking notice with a written letter from the landowner as the defendant (working as a Care Assistant at the time) was escorting a deaf and partially blind 82yr old gentleman to his GP appointment so was in no way abusing the car park.

3. If charges over and above the initial charge are being claimed, the basis on which this is being claimed.

4. If Interest charges are being claimed, the basis on which this is being claimed, i.e the debt collection charge.

5. The Claimant has added unrecoverable sums to the original parking charge. It is believed that the employee who drew up the paperwork is remunerated and the particulars of claim are templates, so it is simply not credible that £50 'legal representative’s (or even admin) costs' were incurred. I deny the Claimant is entitled to any these additional sums.

6. In the absence of any proof of adequate signage that contractually bound the Defendant then there can have been no contract and the Claimant has no case.

(i) Sporadic and illegible (charge not prominent nor large lettering) of site/entrance signage - breach of the POFA 2012 Schedule 4 and the BPA Code of Practice and no contract formed to pay any clearly stated sum.
(ii) Non existent ANPR 'data use' signage - breach of ICO rules and the BPA Code of Practice.
(iii) It is believed the signage and any terms were not transparent or legible; this is an unfair contract, not agreed by the driver and contrary to the Consumer Rights Act 2015 in requiring a huge inflated sum as 'compensation' from by an authorised party using the premises as intended.
(iv) No promise was made by the driver that could constitute consideration because there was no offer known nor accepted. No consideration flowed from the Claimant.
(v) The signs are believed to have no mention of any debt collection additional charge, which cannot form part of any alleged contract.

It is believed Civil Enforcement do not hold a legitimate contract at this car park. As an agent, the Claimant has no legal right to bring such a claim in their name which should be in the name of the landowner.

7. No legitimate interest - This Claimant files serial claims regarding sites where they have lost the contract, known as revenge claims and it believed this is one such case. This is not a legitimate reason to pursue a charge out of proportion with any loss or damages the true landowner could pursue.

8. This case can be distinguished from ParkingEye v Beavis [2015] UKSC 67 (the Beavis case) which was dependent upon an undenied contract, formed by unusually prominent signage forming a clear offer and which turned on unique facts regarding the location and the interests of the landowner. Strict compliance with the BPA Code of Practice (CoP) was paramount and Mr. Beavis was the driver who saw the signs and entered into a contract to pay £85 after exceeding a licence to park free. None of this applies in this material case.

9. The Beavis case confirmed the fact that, if it is a matter of trespass (not breach of any contract), a parking firm has no standing as a non-landowner to pursue even nominal damages.

10. The charge is an unenforceable penalty based upon a lack of commercial justification. The Beavis case confirmed that the penalty rule is certainly engaged in any case of a private parking charge and was only disengaged due to the unique circumstances of that case, which do not resemble this claim.

The Defendant denies any liability whatsoever to the Claimant in any matter and asks the Court to note that the Claimant has:

I confirm that the above facts and statements are true to the best of my knowledge and recollection


Thanks,
nosferatu1001
Just arrange, say you want a "dorp hands" as you owe nbothing, and they''ll reject

You MUST read up on the next steps to be prepared: that is, you will have a hearing date allocated and that letter ALSO says when you MUST file and serve documents on each party - these documents ar eyour Witness Statement AND the exhibits (other evidence)

You dont have a choice on this, you have to keep going. This is sadly a cost of being an adult in the UK right now.
FightingBull
Thank you, so these are the requirements I need to say "yes" to in order to go ahead with mediation? I don't wish to negotiate so is it even worth going through the mediation process?

Thanks again
nosferatu1001
What does every thread tell you? If you dont want to nefotiate then dont agree to mediation. Its that simple.
FightingBull
I am ignoring the mediation and awaiting next step which I guess will be the hearing date.. like you said, it's just the way it is in the UK. Utterly disgraceful that the NHS would allow their car park to be used as a way to intimidate and bully its users.. so much for caring about anxiety and mental illness..
The Rookie
QUOTE (FightingBull @ Fri, 8 Nov 2019 - 10:16) *
I am ignoring the mediation and awaiting next step which I guess will be the hearing date.. like you said, it's just the way it is in the UK. Utterly disgraceful that the NHS would allow their car park to be used as a way to intimidate and bully its users.. so much for caring about anxiety and mental illness..

The NHS guidelines do not permit that, the problem is that the individual trusts/surgery's enter into agreements where they allow their hands to be tied behind their backs and for the PPC tail to wag the trust Dog.
SchoolRunMum
When you get the hearing date, make sure you come back to show us your draft Witness Statement and evidence list, like this decent example on MSE:

https://forums.moneysavingexpert.com/showth...37#post76495237

FightingBull
Hello, another update.. I received a notice of proceedings in the post yesterday.. MERRY CHRISTMAS!! I have no idea what I need to do next?

So I need to write a witness statement again? It looks like I'm still awaiting a hearing date? I've tried to upload the letter but this website won't let me due to its size?? Bizarre and tedious.. anyway this is all it says...

To all parties,

This claim has been transferred to the County Court at Norwich

Pleased be advised, as of 13th February 2017 the County Court sitting at Norwich will be dealing with all administration for Ipswich County Court Civil and Possession Claim Online processes.

Please forward all correspondence, application and documents to:

ADDRESS OF COURT

All hearings will continue to be heard at Ipswich County Court. Please consult your Order/Paperwork.

I wish I had just paid the stupid fine now as I'm not experienced in this and have no help from my now ex partner who was the one who told me he would fight it all the way for me.. easy for him to say when it's not a CCJ in his name!

What am I even expected to do now? Am I supposed to have a lawyer?

Thanks again,

Thanks so much
ostell
You will need to prepare a witness statement, your version of events, to submit to the court.

No, you don't need a lawyer.

There will not be a CCJ recorded against you if you lose and pay within a month
FightingBull
Oh wow, okay that's a relief.. I didn't realise there was a chance to pay without a CCJ if I lost.. thanks so much. I'll get working on my witness statement and full version of events. Really appreciate your help!
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