CEL Claim Defence

dan10k · 17 March 2018 at 4:17PM

Thanks guys. I will call the court on Monday morning of course.

https://drive.google.com/open?id=1DNu_kCOsG_gKumZ7J3c_XMVxCkM8EGYa

https://drive.google.com/open?id=1OIOK8Emf19ePCaBjKczdJRVrsMnSk6ED

https://drive.google.com/open?id=1FlVXsZQuMEIhZqhmg7OzxEiNHyzk4V-Q

https://drive.google.com/open?id=1W9kJC8Ga7XoEOegqHFr0G0_dQguEXWka

https://drive.google.com/open?id=16uepGafpeHXGxsTPY7nuXHzGOwrQCLZg

These are the first pages of correspondence. They also included exhibits - a picture appearing to be the signage for the car park and a 2-page press summary of the Cavendish and Beavis cases. If you want I can post these too.

I appreciate your advice.

[Deleted User] · 17 March 2018 at 5:31PM

1. That's not a witness statement, it's a skeleton argument. It is not limited to facts at all.
2. A piece of legislation cannot lend credence to a non binding judgment. POFA does not confer any presumption of driver (at all).
3. The additional charges may well need to be pre-estimates of loss as Beavis was considering the concept of the penalty charge at that juncture
4. Read para 11 of the judgment. The court goes on to note that the signage was insufficient in vine. It's fact specific.
5. The press summary is not the judgment. Depending on circumstances may depend on whether you can distinguish it.

dan10k · 19 March 2018 at 10:09AM

Just called the court. They haven!!!8217;t sent anything so I!!!8217;m in no rush to take any action, though they did say they would refer it back to the judge as they thought further directions should have been served by now.

dan10k · 17 April 2018 at 8:06PM

Quick update: the claim has been allocated to the small claims track - the judge is encouraging mediation (not happening!), claimant to pay trial fee by 21st May 2018 with a court date otherwise scheduled for 18th June 2018.

So in my mind I’m to wait until 21st May passes, then prepare my WS, etc. if the fee has been paid, submitting these by 4th June 2018. Correct?

dan10k · 21 May 2018 at 1:47AM

Great news. Received a letter from CEL on Friday with their Notice of Discontinuance! Ha!

Thanks for all your advice and assistance guys. It was greatly appreciated.