Hello guys, Hoping all is well, please can someone give me advise. I have just returned from holidays today 21 sept - 8th Oct. I had found letter from courts served on day I left request to complete form N180 by 8th of October (today). How big problem will this cause me if I do not send this out until tomorrow, or do I even need to now? A1 - should the answer be yes? D1 - how should I choose the court that I want? can I just put one down that is close to my work for example? Thanks Scannable_Document_on_8_Oct_2019_at_22_09_59.pdf

Thank you, I will look it over when I get home from work. I have posted the defence on MCOL and also to CEL directly Have a great weekend guys! I appreciate all the help this community has provided, and I mean that! Without you all I would have definitely bowed to these cowboys and paid up!

Thanks both, I will do that right now on MCOL website. Eric, just to clarify this should be also sent to CEL via post? If so, registered post/to be signed for or just normal first class and keep receipt?

Thank you everyone for chipping in with remarks and advise. I understand your message Eric, my apologies I will take that in consideration. I am not being arrogant here, just haven't had experience in dealing with many of these situations, especially the courts. Should I have this defence posted now or wait till Sunday 18th before the deadline of Monday 19th August? Thanks

Eric, many thanks for taking your time to write this out. I agree about not mentioning my partner. Stupid for suggesting that the hotel refused to give permit as it would then make me a keeper at the time. Can you please advise if I am right that specifically paragraph 5 of POFA is where CEL fails to identify me as the driver? Right, I have copied and retyped everything. I believe this makes sense to me if I were to be questioned in the court. Does this seem ok? 1. DEFENCE 1.1 The Claimant has failed to identify the driver at the time as they do not rely upon the POFA to create a keeper liability and there is no cause for action against the defendant as they were not the driver at the time. 1.2 In any case no contract offered by the claimant by way of signage at the site so therefore no breach of contract. 1.3 The signage is prohibitive in nature and not a genuine offer of parking terms. 1.4 The defendant does not believe the claimant has locus standi in this matter as they have failed to show sight of a contract with the landowner that assigns the right to enter into contracts with the public and to make civil claims in their own name as per CPR 31.14 request sent on 22nd of July 2019. 1.5 I invite that the court use its management powers under CPR 3.4 to dismiss the claim, as claim by the Claimant has no merit by its own volition, as particulars of claim are so poor and inadequate to determine what is being claimed and why action has been taken against the defendant as there is no keeper liability in this matter. The claim is abuse of Civil Procedure

Hi O'Frog, thanks for above. I have slightly polished and changed the wording on the defence, may you please review and advise if this is ok? Would I be right citing that the court use it's management powers under Rule 3.1 to dismiss this claim? 1.2 I was not the driver. So, should I remove the part "I could not have accepted contractual obligation and also the amount claimed then becomes a penalty as it is clearly there to act as deterrent and not a genuine offer to park" and leave it only as "Inadequate signage – signage is not compliant with POFA/ATA CoP so no contract can be performed by the claimant"? 1.3 In POC it does not state if I was the driver or the keeper. It states "Claim for monies relating to a Parking Charge for parking in a private car park managed by the Claimant in breach of the terms + conditions (T+Cs)." 1 DEFENCE 1.1 I request that the court use its management powers under rule 3.1 to dismiss the claim, as claim by the Claimant has no merit by its own volition, as particulars of claim are inadequate to determine what is being claimed and why action has been taken against the defendant as there is no keeper liability in this matter. The claim is abuse of Civil Procedure 1.2 Inadequate signage – signage is not compliant with POFA/ATA CoP so no contract can be performed by the claimant. 1.3 The claimant has failed to meet the conditions, therefore there is no keeper liability in this matter 1.4 Hotel refused to give permit so no contract can be formed 1.5 The defendant does not believe the claimant has locus standi in this matter as they have failed to show an assignment from the landowner to them to enter into contracts with the public and to make civil claims in their own name and likewise the necessary planning consent for their signage and equipment as required under the Town and Country Planning Act 2007 and these also being requisites the BPA Code of Practice. Claimant has failed to respond and provide proof under CPR 31.14 request.

It's supposed to be defence, but as Eric suggested that I should mentioned the court to dismiss the claim I have added "order to dismiss the claim". I am sorry, but I have ever only wrote the defence out once in my life time and not very knowledgeable about the courts.

Good morning all, I have wrote out a defence points and added the points as suggested by Eric. Can someone please review and advise if this is good enough. I will then post this on Sunday 18th before the deadline. The only thing I'm worried about adding the point 1.4 is that there is a sign below CEL that says "Connaught customers please register your vehicle at the reception desk to avoid a parking fine", but I guess this point is not valid and does not come together with the contract signs. Looking forward to your thoughts. Best wishes 1. Order dismissing the Claim 1.1 I request that the court use its management powers to dismiss the claim, as claim by the Claimant has no merit by its own violation, as particulars of claim are inadequate to determine what is being claimed and why action has been taken against the defendant as there no keeper liability in this matter and I were not the driver at the time. The claim is abuse of Civil Procedure 1.2 Inadequate signage – signage is not compliant with POFA/ATA CoP so no contract can be performed by the claimant. I could not have accepted contractual obligation and also the amount claimed then becomes a penalty as it is clearly there to act as deterrent and not a genuine offer to park 1.3 The amount claimed is different from the contractual sum if indeed the contract was offered to anyone. Refer to POFA para 9(2) and the amount being greater than the amount specified at the time 1.4 Hotel refused to give permit so no contract can be formed 1.5 The defendant does not believe the claimant has locus standi in this matter as they have failed to show an assignment from the landowner to them to enter into contracts with the public and to make civil claims in their own name and likewise the necessary planning consent for their signage and equipment as required under the Town and Country Planning Act 2007 and these also being requisites the BPA Code of Practice.

Yes have sent it on the same day as DX suggested, 22nd of July.

Thank you all, I appreciate the help. I will start reading and looking at my case more deeply, then start building up the defence. Thank you for the valid points Eric. Should this defence be submitted last day before the due date (18th August) or advisable to do so earlier? Many thanks and I will post my defence for review once I have collected all the evidence and read up more on it.

What am I counting wrong here please?

Claim was issued on 18th of July, so if the defence has to be in by day 33 (assuming the weekends do not count as days) then it would be by 2nd of September. Not sure if this potentially could cause me some issues. I have a holiday trip for 2 weeks from 21st of September to 6th of October.

Hi, Sorry guys I have been on a work trip abroad and this has completely came out of my mind. I believe I should be starting to type out the defence as before the clock hits. Is it possible that someone could advise of the valid points I should use in my defence? I have my previous defence which I have used in court, however this situation is slightly different and would require some help. I have also noticed that the claim defence is only 122 characters Thanks

Hi, I am in need some advise how to proceed with my case please. I have been living with my partner for 9 years (not married) and we have 3.5 year old girl. Unfortunately we are no longer able to be together as our relationship is extremely violent. I do not want to continue living together and having my daughter see this growing up. I have decided to move on with my life and she is obviously very protective and angry about it. The problem and my questions is this. We have moved into new house (rent) in March 2018 with 1 year joint contract. My boss is a guarantor for the property as I had CCJ at the time of applying for property. I have had to give him £5000 of my savings which he still holds to protect his interests. Now, the contract has finished in March and we did not sign any further contracts and carried on living and paying for rent. I am still living there, but not sure how long I will last with the abuse and provocation, thus I am planning to move out within next 1/2 weeks. I have tried speaking to her so that we can resolve this without hurting the child as we are also splitting costs for the nursery. She has told me that she will not be paying any rent on her part or any other expenses and will await court order to move out of the house and she will depart to her home country. She is alone here and cannot move anywhere else to live. I cannot afford to be paying for the whole house and other expenses whilst I live and rent a room elsewhere. This would also be stupid of me paying for the whole house whilst she is comfortably living there. This really hurts me inside as I want the best for my daughter and to ensure she has a warm and safe home. I do not know what to do in my situation and how to proceed... She is adamant to f... up my life. If I do not make payments this will cause complications for my boss and myself with credit history and obviously have my daughter homeless soon thereafter the court orders the move out from the house. I cannot afford any legal aid or advise, hence would be very much appreciated to get some kind of direction that I can take Thanks

Hi, my apologies for late reply. The barrier is open, however it is there as you enter, so I thought I would mention it and give all information.

Thank you once again, I will keep this in mind when writing the defence. I am attaching a drawing of the car park & entrance to the car park along with signs inside/by entrance. Look forward to hearing back. Thanks jpg2pdf (1).pdf

Thanks Eric, makes sense and it 100% says CEL who signed it. I am leaving work soon and will stop by there on the way home to take images. Will post them up later Thanks

Hi Eric, hope you are well. I have taken some snapshots in post #11 of the area/cameras/signs, but perhaps they are not very clear. I will walk down there tonight and will take some clearer images during daylight. I did mention in post #1 that I was not the driver and that my partner was a customer at the restaurant at the time of offence. Civil Enforcement Limited signed the claim form. On the bottom it says (Claimant's Legal Representative) Many thanks

Thank you. I just completed AOS according to your instructions. I will get the CPR request sent out to Civil Enforcement today. Assume this is best to send it as signed for with tracking or simple first class stamp with a receipt from post office work? Is it possible that someone can please help me with filing the defence? Thanks and much appreciated as always.

Hi DX, thank you, please see below. In order for us to help you we require the following information:- Name of the Claimant ? Civil Enforcement Limited Claimants Solicitors: Does not state, I believe same as above. Date of issue: 18 Jul 2019 What is the claim for: Claim for monies relating to a Parking Charge for parking in a private car park managed by the Claimant in breach of the terms + conditions (T+Cs). Drivers are allowed to park in accordance with T+Cs of use. ANPR cameras and/or manual patrols are used to monitor vehicles entering + exiting the site. Debt + damages claimed the sum of 182.00. Violation date 02/11/2018. Time in: 17:52 Time out: 19:17 - Connaught House Hotel Total due - 182.00 - The claimant claims the sum of 192.25 for monies relating to a parking charge per above including 10.25 interest pursuant to S.69 of the County Courts Act 1984. Rate 8.00% pa from dates above to - 17/07/19. Same rate to judgement or (sooner) payment. Date rate to Judgment - 0.04. Total debt and interest due - 192.95 What is the value of the claim? 267.25, this includes 192.25 Amount claimed, 25.00 Court fee, 50.00 Legal representative's cost/ Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim?: I believe it was issued directly by the Private Parking Company (Civil Enforcement Limited), does not state otherwise on the POC. Were you aware the account had been assigned – did you receive a Notice of Assignment?: No

Thanks HB, whoops I didn't see that one there and just edited! I will read over the provided link. I was not the driver at the time of offence. It does not say if they are suing me as a keeper of the vehicle. POC state: Claim for monies relating to a Parking Charge for parking in a private car park managed by the Claimant in breach of the terms + Conditions. Drivers are allowed to park in accordance with T+Cs of use. ANPR cameras and/or manual patrols are used to monitor vehicles entering + exiting the site. Debt + damages claimed sum of £182, but total amount comes upto £267.25

Good morning guys, Hoping your summer is going well. I have just received a claim form through the post from CCBC in regards to the above ticket.. I am starting to get worried as this is becoming serious again.. I have never had a pleasure of filling this form out, so was hoping someone could guide me and advise of the next steps I need to do please. Obviously as suggested I have plastered their social media pages with no interaction from others, tried speaking with manager who did not care what I had to say etc. Not sure if I mentioned previously, but my partner was the driver of the vehicle at the time and she was a customer at the restaurant, but did not get a ticket for staying as she thought it would be included with the bill etc. Any help would be much appreciated. Something else to add, I am leaving for holiday on 21st of September for 2 weeks. What would happen if my court case would be turned on the days during my holiday? Thanks

Just got home and found letter in the post from DVLA. Actually for both ongoing cases CEL accessed my details. Scannable_Document_on_3_May_2019_at_19_48_41.pdf

Thanks Eric, I have already sent 2x separate letters via post. I did not get a reply for over a month, hence the reason for sending emails as suggested. I will wait till end of this week and hope to receive a letter via post. If not I will follow up again with a proper letter via post. I have just received a letter from Newham Council planning permissions department (See below). I have also searched all the database myself and did not find any licenses or permissions being granted for the specific address. Thanks "From your email I believe you are referring to the Town and Country Planning (Control of Advertisements) (England) Regulations 2007. I am unable to find any applications relating to new signage/advertisements at 218 Tollgate Road, E6 5YA."

I have attached my V5 document and driving license in the email. Is that not enough? Thanks