Another CEL thread... particular question though...

theflo2015

As with so many other people posting new threads on this forum, I have had court papers from CCBC that was issued on the 4th October, the POC was not received until the 27th October (I have informed the court, they have put a bar on the case)... sound familiar? They must have an absolute raft of cases going through!


Anyway, I have had a good read of all the relevant threads on here and have a good idea of what I am picking out to suit my case. However, I am wondering how to play it as there is one factor that I am not sure about wording/ disclosing. I have never had to do anything remotely like this before, so am a complete beginner, but I have read much about the importance of not giving away the driver as they can not then prove who the driver is to answer the case.


However, in my case, my wife was heavily pregnant and we all rushed to the hospital where she received medical treatment for a few hours and was hooked up to an IV drip, so obviously the car was going nowhere in that time. Is that mitigating circumstance enough for me to bring that up in my defence? It was a three hour max stay car park, but on the signs at the entrance it said in large letters FREE PARKING, so had no idea about any limit until I got the PCN through the post.


Thanks in advance.

Redx

for the latter part above

contact PALS or the trust themselves and get them to cancel, or to sign a witness statement that they do not want this to go to court

ie:- get the landowner on your side

this should have been done at the time

and it should have been appealed and taken to POPLA too

burying your head in the sand failed

theflo2015

I called PALS, they said there was nothing that they could do as it had reached CCBC.

Loadsofchildren123

What do you mean by “they’ve put a bar on the case” when you pointed out late service of the PoC?

Redx

complain in writing to the trust then , to their CEO if you have to

and also concentrate on winning this fight too

just because CEL have issued an MCOL doesnt mean it will get to court , its only at the preliminary stages , they usually drop it when faced with a good defence

and the new PaP protocols may also be in your favour too

ps:- you can trust LoC123 , she is a goodwilled solicitor that fought back too

Umkomaas

theflo2015 wrote: »

I called PALS, they said there was nothing that they could do as it had reached CCBC.

Go to the Trust then and ask them to confirm in writing whether they want CEL to take this to court or not.

Ask them if in their contract with CEL they have provided authority for them to sue their patients over trifling parking matters when many patients are facing life or death concerns.

Find the right combination of words to paint them into a corner. Make them squirm. You have to be very assertive.

But this is a bit of a sideshow, insofar as your main priority is to get the claim defended. Have you read today’s thread by solicitor Loadsofchildren123?

https://forums.moneysavingexpert.com/discussion/5735738

If the Trust try to weasel-word their way out of answering your questions you can submit a Freedom of Information request to see their contract with CEL. You could threaten your intent to do so in your first letter to them as a warning shot, should they think about not playing ball.

theflo2015

Loadsofchildren123 wrote: »

What do you mean by “they’ve put a bar on the case” when you pointed out late service of the PoC?

I'll be honest, i'm not sure. The person I spoke to just said 'I have put a bar on it' when I asked what that meant she said it just means that they cant take out a default judgement while they are waiting for all the relevant information etc. But she said to get my defence in and make clear in that that the POC was late.

theflo2015

Umkomaas wrote: »

Go to the Trust then and ask them to confirm in writing whether they want CEL to take this to court or not.

Ask them if in their contract with CEL they have provided authority for them to sue their patients over trifling parking matters when many patients are facing life or death concerns.

Find the right combination of words to paint them into a corner. Make them squirm. You have to be very assertive.

But this is a bit of a sideshow, insofar as your main priority is to get the claim defended. Have you read today’s thread by solicitor Loadsofchildren123


If the Trust try to weasel-word their way out of answering your questions you can submit a Freedom of Information request to see their contract with CEL. You could threaten your intent to do so in your first letter to them as a warning shot, should they think about not playing ball.

I have just been and read the Loadsofchildren123 thread, thank you. From reading that re: the late POC I wonder whether now to call the CCBC and enquire more about getting it thrown out (option 1) due to the late POC? As I said above, they have put a bar on it which I took to mean that CEL cant go for a default judgement, so I would be safe in that regard. Its just whether I would want the possibility of it hanging over me for 6 years...

KeithP

You may find 'the bar' will be lifted automatically 14 days or so after the court receives the PoC.

theflo2015

Ah right, probably risky then.


But going back to my original question, I have seen many defences where the statement has been made that the event was so long ago they can not remember who was driving (or words to that effect), whereas I remember it clearly. So I don't know whether to be vague about it or state the facts as my justification?

logician

Loadsofchildren123 wrote: »

What do you mean by “they’ve put a bar on the case” when you pointed out late service of the PoC?

theflo2015 wrote: »

I'll be honest, i'm not sure. The person I spoke to just said 'I have put a bar on it' when I asked what that meant she said it just means that they cant take out a default judgement while they are waiting for all the relevant information etc. But she said to get my defence in and make clear in that that the POC was late.

So no suggestion from the court that the Claimant would need to apply for Sanction of Relief?

Just a hold on case until all paperwork has been received