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Getting taken to court by Civil Enforcement
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Hi All - an update:
CE have completed their Directions Questionnaire, and I have been sent one to complete.
I have not been sent a copy of their DQ so I don't know how they have completed it, what court they want to proceed in etc - but by the sounds of it I get to choose that anyway.
I have some questions that would be great to get an answer to:
1. When will I get to see the evidence they intend to bring to bear? Such as evidence they didn't double dip me.
2. Do I need to print off the case precedents I used in my defense? Where should I source them - is there an official source I should use? And how do I know they are 'valid' precedents?
3. Should I refuse mediation? I would be happy to settle for £10 or less.. but on principle nothing more.. so I'm guessing this would be a waste of everyone's time?
4.Should I prepare my own costs in the event I win? (i know there is advice on what can be claimed for so don't need details of that)
5. What are my chances do you think based on my defense? And if I lose, do I have to pay the full 323 which includes all the court fees and the spurious addition fees they added on?Are my losses limited to the 323 that have specified?
I can't believe any judge could think charging someone £100 for 16 minutes in a carpark that is 20p an hour when the person didn't even use up a space is reasonable.. but I know it comes down to legalities.
thanks all0 -
Most of the above Qs are covered by the NEWBIES FAQ sticky, post #2, where small claims court expert 'bargepole' has provided by a very detailed run-down of the procedures and steps.
If after having gone through that advice there's still anything 'missing' please come back.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Thanks, yes have read that, so my remaining questions are
1. shouldn't I have received a copy of their DQ?
2. by the looks things then I won't get to see their 'evidence' before I finalise my defense? This seems a little unfair?
3. Would still like some opinion on what my chances are!0 -
1. Yes but you probably won't
2. It is unlikely they will send you anything
3. They will either discontinue or not turn up
This is my thread how I saw them off back in 2015. Use anything you think is helpful, but bear in mind things may have changed since then (such as Beavis etc) so make sure you check things are still relevant.
Good luck
https://forums.moneysavingexpert.com/discussion/51204760 -
In the other cases at the moment, CEL are discontinuing and then people can claim costs.
I have suggested that people put a covering letter with their DQ to CEL, but you will have seen this if you have been reading other CEL threads (which you really would benefit from to see what is likely to happen; NEVER stay on your own thread only):
https://forums.moneysavingexpert.com/discussion/comment/73059674#Comment_73059674PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Your defenCe has already been submitted. Your final steps will be a witness statement , evidence you wish to adduce and potentially a skeleton argument.0
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Update:I completed the DQ and unfortunately so did CE Ltd. the case has now been assigned to my local court.
One thing I'm still a little confused about is that CE never produced the contract with the land owner and never produced evidence that they didn't 'double-dip' me. I will now have to prepare my defense without really knowing all the details of the case against me. If, for example, they have 'double-dipped' me(or can't produce evidence that they didn't) my defense would concentrate more on the "reasonable grace period" argument, whereas if they haven't I will concentrate on other arguments. This seems a little unfair. Is this just the way it works?0 -
Yes, it's the way it works - and you are preparing a Witness Statement & evidence, not a defence now. That bit is already in.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
I will now have to prepare my defense without really knowing all the details of the case against me.....
....This seems a little unfair.0 -
Hi All
Just to update this thread.
I received a letter from the nice people at Civil Enforcement telling me they are dropping the case.
Thank you so much for all of your contributions. This caused me a great deal of stress and research time, but every second was worth it to stand up to what is essentially a bully.
I have also written to my MP about this, as the way these companies operate is disgraceful - always trying to portray an image of authority and exaggerating or plain misleading members of the public about the consequences. Thanks to you guys and other contributors on this site I was able to get informed and stand up to them.0
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