CEL PCN CCJ - Croydon Poplar Walk car park.

[L84T]

I have received a CC claim from Civil Enforcement Limited, following a series of demands after parking in an off-road car park in Croydon.

I wrote rejecting the initial claim when I received the PCN, I did not get a response so I did not respond further.

 

I have read the thread

 

CEL ANPR PCN Claimform - Croydon Poplar Walk car park.

and I intend to reject the claim and responding as per

CPR 31.14 Request to use on receipt of a PPC ( Private Land Parking Court Claim)

 

Wanted to clarify a couple of points and confirm if I should change any of the standard responses proposed to alladin78

 

My case differs slightly in that I paid using the convuluted phone in system,

however 20 minutes after I left the parking area (I was only there for less than 15 min most of that reading the sign on how to pay!)

 

I received a text

To confirm your parking session and for security purposes URGENTLY reply with your vehicle registration only

1min later another text was received stating

As you haven’t confirmed your vehicle registration your parking session has not been booked. Please call the number on the signage

As I was driving for 1-hour I naturally did not see these messages and frankly it would be unreasonable to expect a response within 1 minute to confirm booking. A cynical person might suggest that this convoluted payment system is deliberately designed to frustrate payment in order to issue PCN.

 

Claimant is Civil Enforcement Limited

 

The Claim Form was signed by Civil Enforcement Limited (Claiments Legal Representative)

 

Claim reads

Claim for monies relating to a parking charge for parking in a private car park managed by the claiment 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

 

then follows the violation date time of entry and exit

 

Thanks in advance for your advice/assistance

Edited February 7, 2019 by dx100uk
format

[dx100uk]

please complete this so we have all the correct info to advise you properly

 

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016***

[ericsbrother]

you still have the texts and proof of payment?

Then you paid, they accepted and there is no breach.

 

we will need to see the original NTK as well to see what it is they claim you did to breach their conditions as the signs dont mention responding to repeated texts. This isnt a Readers Digest prize draw.

 

Additional conditions by text arent part of the contract offered by the signs so under the CRA 2015 you can reject all or any part of the contract not notified at the time. This means that in theory you are owed your money back as well as not owing them a bean.

 

So acknowledge the claim ticking the box saying defending in full and when the time come you use a 1 line outline defence stating simply that there was no breach of the contract offered at the time so no monies are due to the claimant.

 

All of the detail can be added later if they dont crawl back under their stone.

 

Have they added £50 solicitors costs to the claim? If so what is the name of the lawyer who signed the form?

 

We know that they dot use a lawyer because the crook they did use got struck off so Ashley just pretends they have one and asked for the costs even though they havent spent any money. You can point this out later on as well.

Edited December 3, 2018 by dx100uk
Space/spell

[L84T]

Ok I know i should have paid attention,

I acknowledged the claim on line but didn’t enter defence

(I mistakenly thought I would receive email or letter from the court for me to do this)

because of Christmas and business commitments I didn’t realise until a default judgement arrived dated 7th January.

 

Should I apply for set aside,

is my own ignorance of the system sufficient excuse?

if I pay tomorrow will it be struck from my credit record?

 

Would appreciate any advice.

I am very time limited for time to deal with this but I begrudge paying these characters anything when they are exploiting the legal system to get people to pay putative charges .

- I look forward to hearing from you

[FTMDave]

I'm normally a "glass half full" sort of person, but I'd be pessimistic here.

 

Presumably the court papers stated a deadline you had to file a defence by, and mentioned that in the absence of a defence there would be a default judgement.

If you've ignored clear instructions from the court, it's looking bad

 

Plus, as the default judgement arrived on 7 January, why didn't you come on here on 8 January?

 

All this is a real pity, your case would have been one of the easiest to win given their unreasonable behaviour, and yet you might up with a CCJ and credit hassle.

[dx100uk]

set aside is just as expensive as settling the claim.

 

if you'd done what was asked in post 2 you would have read you don't await any returns of anything from anyone , you must file your defence by day 33 from the date on the claimform.

 

let this be a lesson to readers of the future with a PPC Claimform.

 

what date was the judgement please?

[L84T]

The default judgement was 7th January 2018.

Hopefully my experience highlights to others the importance of entering the defence online promptly

[ericsbrother]

go for a n244 set aside. It will cost you £255 but the chances of not being granted the set aside are very small. Read my post on set aside and hopefully that will explain.

 

Also evry post on here that is about court states yu have to get your outline defence in a fortnight after the AOS so giving you a total of 33 days from the date of issue. I cant see why you say you thought you would get an email whenthe paperwork and advice DOESNT even hint at that.

 

As you ahve every hope of success defending the origianla claim and as also it is unlikely they will go to court you should apply for a set aside.

Edited February 7, 2019 by honeybee13
Paras, typos

[Mrs O'Frog]

As EB says, you really should go for the set aside. You only get a month to pay and have the judgement removed from your credit record, otherwise it remains on there for 6 years (albeit marked as "satisfied") and I fear you may be sailing close to the wind with that date.

 

Make the 6 point draft order so that if they simply drop the original case you get the set aside fees back.

[L84T]

OK thanks I have printed off the documents can you direct me to your post on set aside please

[dx100uk]

where is the reason to set aside?

you didn't inform them of your correct address

it being sent to an old address is not a valid reason

 

where is the defence to counter the claimform?

you don't even known what the particulars were.?

[ericsbrother]

set aside is compulsory as long as you have something to show that you had a defence so you need to get all of your evidence together and apply Being sent to an old adress is a valid reason, the courts are bound to order the set aside unless it is an absolutely hopeless case.

 

so reread the other thread on the same site here and gather all of your photos and other evidence together so you ahve the same stuff you would use to defend the claim and go for it.

READ the form, the reason for the set aside is that had you submitted a defnece within the time allowed there is every chance you wold have successfully defended the claim and that CEL dont have the authority to enter into contracts in the first place. (planning).