CEL claim letter Feb 2018

magikarpaccio

Thanks, that's what I was thinking but then they've crossed certain ones out for me and that made me doubt myself.

System

Download a blank one from the internet then and fill it in yourself in your own way.

https://hmctsformfinder.justice.gov.uk/HMCTS/FormFinder.do

magikarpaccio

Once again, thanks all. That's off and I look forward to the next phase

magikarpaccio

Hi All!

It's been a while, little update for people rather than a question.

I've now gone to allocation with a court date. I'm not sure if I should post any of those details on here. It's in November and CEL have until later this month to pony up some money or it will be dropped. Really hoping this will happen as I have no holiday days left for the court date.

I don't recall seeing any notice of witness statements at this point but will double check the paperwork tonight in case I missed it

beamerguy

magikarpaccio wrote: »

Hi All!

It's been a while, little update for people rather than a question.

I've now gone to allocation with a court date. I'm not sure if I should post any of those details on here. It's in November and CEL have until later this month to pony up some money or it will be dropped. Really hoping this will happen as I have no holiday days left for the court date.

I don't recall seeing any notice of witness statements at this point but will double check the paperwork tonight in case I missed it

CEL are well known to the courts because their claims
are normally rubbish.

They either pay the court or do what they normally do
and that is discontinue

I assume you have read this
https://parking-prankster.blogspot.com/search?q=CEL

Scroll down to "Civil Enforcement Limited discontinue 20 claims"

You will also see a case about them trying to scam the defendent
into not turning up

As the Prankster says
In a shock development Civil Enforcement Limited turned up in court. Possibly this was because they attempted to trick the Defendant into not turning up, and were therefore hoping for a default win.

Loadsofchildren123

I don't recall seeing any notice of witness statements at this point but will double check the paperwork tonight in case I missed it


You have missed it
Look at the order you got telling you the court date is in November. There will be a paragraph in there saying C and D must serve witness statements and documents on which they rely by a certain date.


CEL very often don't pay the fee when they see a properly defended claim. However, recently we've seen them pursuing a handful of cases, seemingly randomly picked, so they may well pursue this one so you must plan accordingly.


You seem to have very capably researched the thread and don't require handholding, which is a welcome change! The WS needs to tell the story - the facts which support your legal arguments, not the legal arguments themselves (although many take the opportunity to expand on the legal arguments in the WS).


Write your WS almost as if you are writing an essay for a person who knows nothing about this. So if you are admitting driving, you start with the day in question, going to the car park, what signs you saw, how you parked etc, for how long, when you left etc. it is often helpful to exhibit a google map of the car park marking on it the entrance, signs and roughly where you parked. If you are RK and not driver, you explain that you were not driving, someone else was, and exhibit some sort of evidence (if any) that others do regularly drive your car (eg insurance schedule with other named drivers) - if no evidence, don't worry, just explain in a narrative that your car is used by a number of family members on a regular basis.
If you are denying driving, you also need to give an account of where you were on the day, to evidence that it was not you driving. Include some spiel on how you are not obliged by POFA to name the driver.


Then move on to receiving the NtK and how it was not compliant, cross referenced to POFA.


Then move on to signage (you can again refer to the google map at this point) and walk through the other (if any) aspects of your defence. You make it clear that your signage (or other) defences are alternatives to the POFA/RK defence (because if you win on the RK defence then the signage defence is irrelevant)


You can repeat in the WS how woolly their claim is and how they have been extremely unco-operative in entering into any sort of pre-claim discussions with you (if applicable), and all their breaches of the CPR.

nosferatu1001

+1 to the above
You cannot get a better summary of your steps tthan that

Tell us the exact date you must have sereved by. It will be a useful signpost in this thread.

magikarpaccio

Thanks for your responses. I'm a little concerned as I've been back through the letter titled "Notice of Trial Date" (form N172) and there's no reference to witness statements. The only dates mentioned are:

Date Claimant has to pay by
Date of trial
Mention of 2 clear days for submission of any documents to be filed on the court file

I'm going to start working on the WS and will target filing it more than 14 days ahead of the trial date which is currently scheduled for 13th November. Seems to be the only prudent thing to do

nosferatu1001

There absolutely will be a deadline for filing documents
Post a copy of it up for us... break links.

Coupon-mad

Mention of 2 clear days for submission of any documents to be filed on the court file

What?

There will be something about serving & filing of WS, or maybe this judge means 'evidence and WS' with that vague sentence about any documents.