Parking Contravention: February 2012
Location: Co-Op Car Park Walderslade (Medway - Kent)
After receiving a Parking Contravention Enforcement notice from CEL in March 2012 I took to the internet to seek advice on what to do next.
The car was parked in the car park and overstayed by 14 minutes.
After the notice I got a picture of the parking sign. It seemed to be ambiguous in a number of ways to the PCN that had been received.
It stated "Maximum stay 2 hours for Co-Op customers only" - may be flippant but if I wasn't a Co-Op customer does this notice still apply?
Not really the basis of the ambiguity but a question anyway.
The ambiguity is the sign states "charge for remaining beyond 2 hours £150 (reduced to £75 if paid within 14 days) to settle this charge at a further reduced rate call 0115 822 5027 before leaving this site"
When the PCN was received it requested £90 due within 28 days, reduced to £45 if paid within 14 days?
Advice at that time on may forums/websites was to ignore the notice and not respond in anyway. I took a photo of the sign in the area and kept it just in case it went any further.
21 days late a Final reminder was received requesting the full £90. Again I ignored the notice.
July 2012 I received a letter from Newlyn debt collection Ltd saying they'd been instructed by CEL and I should contact them with proposals to clear the outstanding about. Again I ignored the notice.
January 2014 I received a letter from CEL giving me notice they had assigned 87.5% of the debt (£113.75) to Debt Enforcement & Action Limited of Baker Street, London.
Henceforth they will no longer be involved in this part of the debt and/or communications must be sent to Debt Enforcement & Action Ltd.
The balance £16.25 (representing the remaining 12.5%) has been retained by us as an ongoing agreement relating to monies that may fall due to the Co-operative and we reserve our rights accordingly. As part of the transaction, we have instructed Debt Enforcement & Action Limited to recover this remaining about on our behalf.
Signature but no name just 'on behalf of CEL.
Confusing? But I basically took this as the debt now belonged to someone else.
Again I ignored it.
July 2014 A claim form arrived from Northampton County Court. Claimant CEL. Amount claimed: £130 +£35 court fee (Total £165).
Details of claim: Damages arising from breach of contract and payment by the defendant to the claimant of the total amount. signed Ashley Cohen - position held: Manager.
No claimants solicitor details.
I searched advice on the internet again and had seen that many people had contacted Co-op and they had got the fine quashed.
I sent an e-mail to Deborah Missell Wiliams at Co-op and after a couple of exchanges they told me they couldn't help and referred me to POPLA.
July 2014 I duly completed my defence & counterclaim form stating a number of statements and items picked up from forums on presenting a defence in such a case.
August 2014 Had a General form of Judgement order sent through stating I hadn't completed a Directions questionnaire which was duly filled in and re-issued. Also re-assigned the court proceedings to a court of my choice local to me.
September 2014 received a letter sating that case had been referred to small claims mediation as requested. Phoned to book the mediation then told window for mediation had closed (even though the call was made 3 days before the window on the notice!). Was going back to Judge who may decide it should go to mediation.
September 2014 Received confirmation that case had been transferred to local court.
October 2014 Received note from local court that Directions questionnaire was not in the file - could I fill out another one. Duly done from copy of previous one and sent off.
October 2014 received witness statement and proposed updated cost schedule from CEL (recorded delivery this time and had to be signed for) Claim now gone up to £495 but they would accept £165 within next 7 days (which has now expired!).
My question is can I have some advice from the experts and those previously gone through this cycle about where I stand and what the likely outcome is to this whole situation? I have kept all the relevant paperwork sent as well as envelopes. If you need to see any of the documents I can scan them and send them. I guess my main question is whether the case stands up?
Thanks for any help that can be afforded.