CEL Claim Defence

superstitiious

Hearing tomorrow afternoon.

Wish me luck!

Coupon-mad

Let us know how you get on! Get there half an hour early to get through security and to calm down, drink some water, etc.

The other side's rep will probably try to collar you in the waiting room. Say no to any invitation to discuss the case/a settlement or to explain what you main points of defence are (his/her problem if he/she doesn't know due to being sent there with no notice!).

Take your laptop to play the footage you mention, and ask the Usher on arrival if this will be OK, just to be courteous and to be sure it will not be a problem with this Judge.

Take PROOF that you emailed the Claimant, your WS & evidence including the footage (print out your sent emails & attachment proof, or a read receipt or acknowledgement email if you got one). This is in case the rep pretends the C never was served your evidence and tries to object to it being used.

Also take a wage slip, or proof of daily earnings, as proof of any lost leave/lost salary or income, and if you win, ask for your costs when the Judge finishes, clear your throat and just ask. Lost leave/salary, travel costs, parking costs(!) and if you feel the Judge is on your side, ask for, say, 15 hours time spent researching the law and preparing as a LiP not used to court, at the LiP rate of £19 per hour.

You might not get that last bit and it depends if you can convince an on-side Judge that the C has acted wholly unreasonably throughout, such as harassing you with debt letters along the way, not following the pre-action protocols, sending a late WS, trying to spring evidence on you late or pretending that yours was never received when you can prove that's a lie, or whatever.

superstitiious

Thank you very much for your words, I've woken up this morning feeling the most nervous I think I ever have. I hadn't thought of taking my laptop so that's a brilliant idea, thank you again!

superstitiious

Sadly I have to report a loss.

I don't think I'd have got anywhere with this case as the judge was adamant in his opening that he frequents the same car park and has seen the plentiful signs that are there. He also was quite angry that I'd not appealed at the start.

In summary to anyone reading this that have a PCN - appeal!!!! I'm so annoyed that I didn't, I've learnt a harsh lesson!

Silver lining - the judge set the amount at £100 plus costs and dismissed that it was £324. Costs were £100, the representative didn't ask for his fees or travel costs etc so it's £200 in total.

Thank you to those that have helped, I hope I never have to post in the parking threads again!!!

I now have no idea how to pay this, do I wait for the appropriate mail through the post?

Coupon-mad

Awww, no. You need to pay CEL directly, so phone them to pay the £200.

Such a shame, which court was this? Sounds like the Judge was set in his view. Sorry to hear that, we do very occasionally see a Judge where the D has no chance.

As you know, you would have likely win at POPLA had you appealed as per the forum advice.

superstitiious

Stoke on Trent

Judge was definitely against me. Told the claimant that he didn't want to hear anything from him and could only speak to counter anything I said.

Judge described the journey into the car park and commented on ALL the signs that are visible (they're not by a long shot as almost every person I've spoken to about this car park have been fined without realising). As soon as I started talking he interrupted and stopped me by saying it didn't matter what my opinion of the signage was as I wasn't driving. I knew it was a lost cause at this point and was pleased the amount was lowered to £100. The costs I didn't understand, the judge said there was 2 sets of £25 and one for £50 for prepping the hearing. I'm assuming I'm not being fleeced though! Ha!

If I hadn't have prepared anything and just turned up today I think I'd have the same outcome. Shame but I'm determined to get CEL to change their signage as a result so others don't fall foul.

Thanks for the post this morning coupon, it helped me focus on the task ahead!

As for the appeal, I wrongly listened to poor advice to ignore until it was too late. Won't make that mistake again! Thanks again.

Coupon-mad

and one for £50 for prepping the hearing. I'm assuming I'm not being fleeced though!

Well they can claim any genuine £50 solicitors fees but not when they don't use a solicitor, which CEL don't. So that £50 was not recoverable and the Judge was an idiot.

superstitiious

Ha, I was thinking worse things yesterday! I'm glad it's over now so once again, thanks for all your help ����