CEL court letter

Coupon-mad

Looks good, just email a signed/dated scanned copy, to the CCBCAQ justice email.

Loadsofchildren123

The defendant is my husband but im doing all the reaserch on his behalf. He was the register keeper, not admitting he was driving but saying he doesnt recall who it was.


The "Hamilton" defence? Well it's up to the Claimant to prove its case, which includes proving who was driving. H simply needs to put them to proof in the defence, and in his WS say he genuinely can't remember (unlike the Hamiltons where it was a criminal burden of proof, ie beyond all reasonable doubt, yours is a civil burden which is on the balance of probabilities). When the time comes, you also do a statement saying you were the other occupant of the car and you and H share the driving and neither of you can recall who was driving on the day. The PPC will have NO evidence of the driver, so they are stuffed.

Loadsofchildren123

in the para where you say D can't remember if driving, add in "the Defendant puts the Claimant to full proof that he was the driver at the relevant time".

lorealv1

Hi Everyone,
I have now received the directions questioner from CEL and the bunch for my husband (keeper) to fill out.
I have a few questions upon reading the files.


1.I had put the PCN and other letters in the bin but CEL has attached copies of them to their Directions Qustionaire and upon looking at it I realised they had taken about 1 month to issue the first PCN, is this relevant now? I don't think so but just checking. I know if I would have appealed with POPLA the PCN might have been cancelled 2 years ago, a bit late now I supposed?


2.The attached their particulars of claim stating "many clear signs of the terms and conditions, blah blah" but they haven't attached any pic of the signs. The only pics they attached are from the vehicle entering and exiting the site with a massive "Furniture" sign next to it. Site now doesnt exist so I guess they cant get pics of signs anymore. However I have 6 letters signed by friends atteding the same plac e saying they didn't see any signs!

Also, this particulars of claim contains the summary of terms of the parking agreement which states that actually people were allowed 2 hours free parking and our total stay was 2hr 18 min, they are doing all this for 18 minutes! is this relevant at all? Considering that as patrons of the place we were actually allowed free stay (period).


3. CEL has requested telephone hearing. We are going to suggest our local court. Am I correct?


Maybe too soon but also, are we suppose to ask/start thinking about counter claim (if we win?) or should we leave this to the judge to suggest it?


Thank you.

Coupon-mad

1.I had put the PCN and other letters in the bin but CEL has attached copies of them to their Directions Questionnaire and upon looking at it I realised they had taken about 1 month to issue the first PCN, is this relevant now?

How does the date matter, with a non-POFA PCN, I always ask, when people say this... I don't think you get that this PCN can't hold you liable anyway, regardless of date.

2.The attached their particulars of claim stating "many clear signs of the terms and conditions, blah blah" but they haven't attached any pic of the signs. The only pics they attached are from the vehicle entering and exiting the site with a massive "Furniture" sign next to it. Site now doesnt exist so I guess they cant get pics of signs anymore. However I have 6 letters signed by friends atteding the same plac e saying they didn't see any signs!

Letters like that must be properly written as witness statements with the date of event, time, location and full details, as well as being signed & dated under a statement of truth. At WS stage, not now.

Also, this particulars of claim contains the summary of terms of the parking agreement which states that actually people were allowed 2 hours free parking and our total stay was 2hr 18 min, they are doing all this for 18 minutes! is this relevant at all? Considering that as patrons of the place we were actually allowed free stay (period).

You've already written your defence.

3. CEL has requested telephone hearing. We are going to suggest our local court. Am I correct?

Yes.

Maybe too soon but also, are we suppose to ask/start thinking about counter claim (if we win?) or should we leave this to the judge to suggest it?

Too late to counter-claim, you have already submitted a defence.

If you mean claiming costs, there will be no hearing anyway.

System

If you mean claiming costs, there will be no hearing anyway.

As above but have one in anyway. CEL may mess up as others have done and leave the door open for you to claim costs.

Coupon-mad

Yes, but not a counter claim, too late for that. A costs schedule - yes.