Sending court documents

confusedin2014

Hi all,

Just a quick one im sending my witness statement and skeleton defence to the court in the morning for my pending hearing with Cel,
do i need to send a copy of my bundle also (with the sections of cases ive referred to in the skeleton defence i.e 3YK50188 : Civil Enforcement Ltd v McCafferty )

And do i need to send a copy of everything to cel?

Many thanks

bargepole

confusedin2014 wrote: »

Hi all,

Just a quick one im sending my witness statement and skeleton defence to the court in the morning for my pending hearing with Cel,
do i need to send a copy of my bundle also (with the sections of cases ive referred to in the skeleton defence i.e 3YK50188 : Civil Enforcement Ltd v McCafferty )

And do i need to send a copy of everything to cel?

Many thanks

Your court bundle should be copied to the claimant, always.


The authorities referred to don't need to be sent in at this stage, but you should take 3 copies to the hearing, in the very unlikely event that CEL actually turn up.

confusedin2014

Hi Bargepole!

Sorry I am unsure still, do you mean i have to bring three copies of the 3YK50188 : Civil Enforcement Ltd v McCafferty ) case and other cases ive used?
In my bundle do i just use the summary i.e
3YK50188 : Civil Enforcement Ltd v McCafferty (Luton County Court appeal) decided by Mr Recorder Gibson QC. In paragraph 20 of his judgement, he states that the charge, in his opinion, can properly be described in everyday language as a penalty charge. As no attempt had been made to justify the charge as being an actual loss suffered by the parking company, Civil Enforcement Ltd’s appeal was dismissed.

Then on the day bring a copy of the whole transcript?

Thanks for replying

confusedin2014

Also in my skeleton defence ive used references like: The British Parking Association Code of Practice (s34.6) states that parking charges must be fair, reasonable and a genuine pre-estimate of the loss to the parking company (Exhibit – bundle 1, page 2, section 4). <

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so do i send a copy of the exhibit bundle or can that just be brought in on the day? Its just im up to about 12 pages with skeleton defence and witness statement alone, im not sure ive done it correctly.

Coupon-mad

The exhibits and transcripts do not have to be sent to CEL, just the actual defence. Yes just bring 3 copies on the day in case they break the habit of a lifetime and show up, then you can be well organised and hand out a copy of anything you want to raise. Just as importantly, have you prepared a nice list of YOUR COSTS including your travel and parking expenses and lost holiday from work, totalling around £90 - £100 all told, so you can hand the nicely-prepared list to your Judge when CEL do a no-show, and you can claim costs as they have been unreasonable?

http://parking-prankster.blogspot.co.uk/2014/11/civil-enforcement-limited-fail-to.html

http://parking-prankster.blogspot.co.uk/2014/12/civil-enforcement-limited-fail-to-turn.html

In a shock development Civil Enforcement Limited turned up in court at Liverpool, once recently! Possibly this was because they attempted to trick the Defendant into not turning up, and were therefore hoping for a default win:

http://parking-prankster.blogspot.co.uk/2014/11/civil-enforcement-limited-turn-up-in.html

Watch out for them contacting you just beforehand to try to trick you:

http://parking-prankster.blogspot.co.uk/2014/12/civil-enforcement-limited-try-again-to.html

Prankster Note
'' The Prankster advises taping phone calls when you can. Although the recording may not be admissible as evidence, you can make a transcript, which may be admissible.

In any case, consider creating a supplementary witness statement detailing the events. Make 3 copies and hand one to the judge and state you have a procedural matter to bring up right at the beginning. You can state this phone tactic appears to be a regular occurrence and refer to my blogs as evidence. Ask if a contempt of court has occurred.''

confusedin2014

Thanks coupon mad for replying, its printed off now waiting to be sent off in tomorrows post, I have already done 3 copies of my bundle exhibits and transcripts so might as well send it all in one go as Im planning to recover the postal charges when i win!
Thanks for putting the links up, I have seen cel sneaky ways have warned my mum to not take any phone calls from them just say I will see you in court.

I will let you know how I get on.

Technics

confusedin2014 wrote: »

Also in my skeleton defence ive used references like: The British Parking Association Code of Practice (s34.6) states that parking charges must be fair, reasonable and a genuine pre-estimate of the loss to the parking company (Exhibit – bundle 1, page 2, section 4). <

---

so do i send a copy of the exhibit bundle or can that just be brought in on the day? Its just im up to about 12 pages with skeleton defence and witness statement alone, im not sure ive done it correctly.

I've heard this mentioned a few times. It's not only in the BPA Code of Practice. It's also part of the guidance provided by the Department for Transport. I can't post links but if you use Google to search for guidance-unpaid-parking-charges.pdf and look on page 23.

As it's from the government it hopefully carries more weight in court than a guideline from the trade body. The parasites involved are trying to have it struck from the BPA guidelines but I doubt they will get it struck form the above guidance so easily.