CCJ from CIVIL ENFORCEMENT LTD

nosferatu1001

There is for some jobs a question of fitness to hold a position. This shouldnt be for more minor roles but for example if a FD has a few outstanding CCJs it can indicate issues managing their own finances, or an incentive to embezzle money etc.

awhite6889

Hi all,

Please see my witness statement, does it need to be more detailed than this?

In the County Court at XXXXX
Claim No. XXXXXXXX
Between!
Civil Enforcement Ltd (Claimant)
and
awhite6889 (Defendant)

---

Witness Statement

---

1. I am awhite6889, of [Address], [Postcode], the Defendant in this matter. I will say as follows:

2. I was a paying customer to the hotel [hotel name] on the date that the supposed contravention took place, as attached in Exhibit A

3. On [DATE], I visited the Hotel, and parked my vehicle registration no, XXXXX in the car park.

4. Hotel guests are granted exemption from parking charges whilst staying at the hotel. Evidence of this is contained in a confirmation letter, showing my booking, provided by the hotel, dated XXXXX, and attached as Exhibit B. Further evidence is shown through my booking confirmation with ‘booking.com’ shown in Exhibit C.

5. It is my position that, under the doctrine of promissory estoppel, the Claimant has no standing, or cause of action, to litigate in this matter.

6. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

Statement of Truth

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

Signature
Date

Coupon-mad

You could add at #6 (and move the final bit down) that if there were any signs in the car park, they were sparsely placed and you were not afforded a fair opportunity to read those terms, nor did you accept any contract or penalty terms, which you were completely unaware about.

And another point that there was no 'legitimate interest' excuse in this case that can save it from being struck out under the penalty rule as the dissimilar Beavis case established, and your defence is repeated in this regard.

awhite6889

Thanks so much for your help.

Hopefully good to go now:

In the County Court at XXXXX
Claim No. XXXXXXXX
Between:
Civil Enforcement Ltd (Claimant)
and
awhite6889 (Defendant)

---

Witness Statement

---

1. I am awhite6889, of [Address], [Postcode], the Defendant in this matter. I will say as follows:

2. I was a paying customer to the hotel [hotel name] on the date that the supposed contravention took place, as attached in Exhibit A

3. On [DATE], I visited the Hotel, and parked my vehicle registration no, XXXXX in the car park.

4. Hotel guests are granted exemption from parking charges whilst staying at the hotel. Evidence of this is contained in a confirmation letter, showing my booking, provided by the hotel, dated XXXXX, and attached as Exhibit B. Further evidence is shown through my booking confirmation with ‘booking.com’ shown in Exhibit C.

5. It is my position that, under the doctrine of promissory estoppel, the Claimant has no standing, or cause of action, to litigate in this matter.

6. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

7. If there were any signs in the car park these must have been either poorly lit or sparsely placed and I was not afforded a fair opportunity to read those terms, nor did I accept any contract or penalty terms, which I was completely unaware about.

8. There was no ‘legitimate interest’ excuse in this case that can save it for being struck out under the penalty rule as the dissimilar Beavis case established, and my defence is repeated in this regard.

Statement of Truth

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

Signature
Date

nosferatu1001

5) is an argument, if youve alreayd made this elsewhere then you could resttae it as a fac t- that the claimant has no standing as no contatc was necessary in order to park, the hotel had already granted a licence to park as a guest.
6) isnt a fact, dont include it.

awhite6889

I just wanted to thank all of you who commented on my post to help me on this journey.

Today I received a letter from the county court saying this:

“With reference to the above case and further to the allocation notice this matter is struck out for the non-payment of the hearing fee. The hearing is therefore vacated.”

Does this mean it’s over for good? Or could the claimant bring the case back up by paying the hearing fee at a later date?

Thanks all again!
A

Coupon-mad

could the claimant bring the case back up by paying the hearing fee at a later date?

They could if they could prove they did pay the fee, but it sounds like they dropped the ball, deliberately or because they forgot, and so I am going to say:

another one bites the dust!

Well done, a win is a win!

:T