Civil Enforcement Roboclaim: Particulars for ANPR car park

Civil Enforcement produces these Particulars in two forms. The first is when they threaten a claim and send these as a Draft but with no claim form. The second version is with the N1 Claim form.

What you should note is they refer to a Schedule which is attached. However there is little or no indication of what the breach relates to; no photos of signs on which they rely and no contract or authority.

Roboclaim Particulars

IN THE COUNTY COURT BUSINESS CENTRE (CCBC)
BETWEEN

CIVIL ENFORCEMENT LIMITED
Claimant

v

[INSERT NAME]
Defendant

PARTICULARS OF CLAIM

1. At all material times. the Claimant managed the car park the address of which is stated on the attached Schedule of Information - The car park is private property.

2. By way of background, the Claimant uses Automatic Number Plate Recognition ('ANPR') cameras at the entrance and exit of the Car Park, which identity the vehicles time or arrival and departure from the car park.

[Editors Note: The contract starts when you park and not when you enter. The terms are breached if you take more that 10 minutes to leave. This is called a "grace period" so you can have to 20 minutes in addition to the paid time but they don't tell you this. It's called false accuracy]

3. There are many clear and visible signs in the Car Park advising drivers of the terms and conditions of using the Car Park. Drivers are permitted to park in the Car Park in accordance with the terms displayed on the signage, and these signs constitute an offer by the Claimant to enter into a contract with drivers.

[Editor Note: This is simply their opinion until they can produce pics to demonstrate it. Signs can be missing, vandalised or not even installed in some cases. So ask for the photos, the site plan and their installation/maintenance schedule early on.]

4. The key terms of the terms are summarised in the attached Schedule of Information.

[Editor Note: This again is only an opinion until they can produce time-stamped photos of the signs on the day. Currently the parking companies are trying to get away with showing "illustrative" signs which may or may not have been there on the day. So make the challenge and get them to photos, the site plan and their installation/maintenance schedule early on.]

5. When the Defendant parked their vehicle (on the date and time as set out in the attached Schedule of Information) in the Car Park they accepted, by their conduct, the term and conditions of parking. See Vine v Waltham Forest London Borough Council [2000] 4 All ER 169.

[Editor: This is mainly correct as long as #1, #2 and #3 are in their favour. They miss out issues such as a pre-existing right to be there e.g. a visitor, contractor or delivery vans.] 

6. The Defendant breached the terms and conditions of the site and, as such, is liable to pay the Claimant the amount as set out in the attached Schedule of Information.

7. The Supreme Court Judgment in the case of ParkingEye v Beavis has established that it is both legal and commercially justifiable tor car park operators to implement a disincentive, such as the above, so as to efficiently manage the Car Park for the benefit of its users. Our charge is neither extravagant nor unconscionable. and falls within the British Parking Authority's guidelines as stated in their Code of Practice.

8. The Claimant (directly/through its agents) was left with no alternative but to escalate the matter as a result of their non-payment of the debt. which further increased the amount owed. in accordance with the terms of parking by an additional £40.00.

[Editor Note: The main challenge is to the £40 they have added on for "costs" already. Get them to prove that the £40 has been incurred and not just double charging for "legal" service i.e. sending out a template Roboclaim. See ParkingEye v Somerfield at para #419]

9. The Claimant claims the amounts owed plus court and legal fees plus interest I, pursuant to section 69 of the County Courts Act 1984 on the amount found to be 2 due to the Claimant at such rate and for such period as the court thinks fit.

Statement of Truth

I believe that the facts stated in the Particulars of Claim are true.

l am authorised by the Claimant to sign this document on its behalf. 3:

Dated:
Signed:

 

Schedule of Information

Claimant: Civil Enforcement Limited
Defendant: [INSERT NAME]
Vehicle Registration: [Insert Registration]
Date of Incident: [Insert Date]
Arrival Time: [Insert Date]
Departure Time:  [Insert Date]
Site Details. [Insert Location]
Outstanding Amount: [Insert Amount] (including legal fees and interest to date)

Summary of Terms: Maximum parking allowance exceeded / Parked in a disabled bat without a valid badge - if you exceed the maximum parking allowance, or park in a disabled bay without displaying a valid blue badge, you agree to pay our charge. These terms apply 24 hours a day. Additional costs will be incurred if payment is not received at 28 days.

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