CEL overstay claim

cdwood

Civil Enforcement Limited (Claimant)
v
me (defendant)

Claim no: 123456

Witness statement of Mrs *******, defendant


I am the Defendant in this matter, I am unrepresented, with no experience of Court procedures. If I do not set out documents in the way that the Claimant may do, I trust the Court will excuse my inexperience.
In this Witness statement, the facts and matters stated are true and within my own knowledge, except where indicated otherwise.


1. Whilst I was the Registered Keeper of the vehicle concerned, there is no evidence of the driver and as this event has been resurrected from Three years ago, it is impossible to expect a keeper to recall who might have been driving. Further this car park is used regularly by more than one driver of the vehicle.

2. The Defendant denies being the driver at the time of the supposed event, and therefore puts CEL to strict proof that any contract can exist between the Claimant and themselves.

3. At the time in 2015, the insurance covered more than one family member, whom I have no obligation to name to a private parking firm. It remains the burden of the Claimant to prove their case.

4. Having not heard about this matter for some time, later in 2016 I received a letter and a court claim out of the blue and I have researched this and discovered that CEL are issuing robo-claims for archive 'parking charges' in their thousands. Both the Particulars of Claims dated 11th October 2017 and the Witness statement dated 23rd February 2018 are computer generated that have not been signed or a computer generated signature is apparent.

5. The claimant suggest there is ANPR cameras capturing images of the car and its number plates at entry and egress of the car park. No copies of these images have yet been supplied despite being requested. There is none of the same, in the particulars of claims nor the Witness statement from the claimant.

6. Paragraph point Seven within the Claimants Witness statement suggests that there is an exhibit One – a copy of the sign that was displayed in the car park. There is no such exhibit one in the Witness pack.

7. Paragraph point 15 within the claimants Witness statement suggests that there is a exhibit One – a copy of the PCN and subsequent reminder. There is no such exhibit one in the Witness pack.

8. I am no more liable now than I was then, but this unwarranted harassment and baseless litigation has caused me significant alarm and distress, such that I intend to report CEL my local MP noting that harassment was discussed in the Houses of Commons as an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences.

9. The claimant has failed to properly respond to my request made on XXX by royal mail postal service, requesting any documentation and relevant contracts with the land owners that allow the claimant to issue claims upon the landowners’ behalf. My request was not actioned appropriately. It is noted that this relevant contract is not provided in the claimants ‘particulars of claims’ nor is this in the Witness Statement.

I believe that the facts stated in this Witness Statement are true.



Signed xxxxxxxxxxxxxxxx


Dated xxxxxxxxxxx

cdwood

Hi guys any other views on this witness statement? i need to post it by Thursday.

thank

System

How has this one progressed?

The_Deep

Surely they will cry wolf on the court steps. £359 for a ten minute overstay is an abuse of the process, which no judge could allow to pass unsanctioned.

Coupon-mad

You must have had the laughable 'witness statement and press release' letter by now:

https://forums.moneysavingexpert.com/discussion/5811819

A discontinuance awaits, stand firm! Of course the defendant must do her DQ as explained in the NEWBIES thread by bargepole, in the post about which boxes to tick.

cdwood

Hi guys

Discontinuation in the post this moring. Woo hoo

Thanks to all for your help, even though it took an enormus amount of time in research, it paid off.

Thanks again. CD

cdwood

Yes, got that letter. They offered to settle for the same. Its then you feel confident that they are on a losing wicket.

Also in my witness statement i banged on about the lack of photos and agreements etc. the court wrote to CEL and cc;d me in, two weeks ago telling CEL that they had not sent in a sufficent legal arguement. I thought that a bit odd, surely they know the game and process and the judge shouldnt be reminding them t get their house in order with 10 days or they lose by defualt. Ho hum, they discontinued.

CD

The_Deep

Time for revenge. They have wasted your time, now waste theirs. Send them a LBC for your time, stress, stationary, photocopy, mileage, etc.

https://www.rocketlawyer.co.uk/documents-and-forms/letter-before-action.rlm?msclkid=86a447bd28aa130630cb1d758547434c&utm_source=bing&utm_medium=cpc&utm_campaign=BSN%20-%20Letter%20before%20action&utm_term=free%20letter%20before%20action%20template&utm_content=Exact%20-%20Letter%20before%20action

It will cost them time and money to deal with it and you up to have six years to file it, (or not).

Coupon-mad

cdwood wrote: »

Hi guys

Discontinuation in the post this moring. Woo hoo

Thanks to all for your help, even though it took an enormus amount of time in research, it paid off.

Thanks again. CD

Another CEL claim bites the dust, well done!

Discontinuance is normal in all these cases and it's good for newbies to see that is true.