CEL _ Court Witness Statement Help

sally6588

I have read the thread etc. for the CEL defence/witness statement, however I have some questions.

The CEL one states the did not give the appropriate information etc. is this something I should use, as I have already been through mediation?

The defence also talks about identifying the driver of the vehicle, but I have effectively already admitted it was me as prior to mediation I provided a statement from the gym I attend that I was authorised to park in the car park?

I would appreciate help here and yes I've read the newbies thread before anyone beats me with that stick!.

Thanks

bargepole

sally6588 wrote: »

I have read the thread etc. for the CEL defence/witness statement, however I have some questions.

The CEL one states the did not give the appropriate information etc. is this something I should use, as I have already been through mediation?

The defence also talks about identifying the driver of the vehicle, but I have effectively already admitted it was me as prior to mediation I provided a statement from the gym I attend that I was authorised to park in the car park?

I would appreciate help here and yes I've read the newbies thread before anyone beats me with that stick!.

Thanks

If you were authorised as a gym member to use the car park, then that creates what is known as promissory estoppel (Google it).

So forget all about POFA and keeper liability, your strongest point is that you were the driver, you were using the gym as a member, so what possible cause of action could they have for issuing a parking charge?

The answer, of course, is that they are an unprincipled bunch of money-grabbing scumbags, but you should perhaps phrase it more diplomatically than that.

sally6588

Thanks Bargepole should I use any of the points in the CEL defence on the forum?

Coupon-mad

You are too late to look at defences. You are at Witness Statement/evidence stage.

sally6588

ok..can you give me a link to the thread as I could not find anything else.....

Coupon-mad

My signature already tells you where the NEWBIES thread is, 2 clicks away.

sally6588

yes but I cannot find a relevant witness statement ...so would appreciate more direction.

bargepole

sally6588 wrote: »

yes but I cannot find a relevant witness statement ...so would appreciate more direction.

The WS is your account of what happened, and should simply be a chronological account of the facts, with evidence to prove them. You don't need to copy anyone else's statement, unless the circumstances were the same.

So something like this:

In the County Court at XXXXX
Claim No. XXXXXXXX
Between
Civil Enforcement Ltd (Claimant)
and
Sally6588 (Defendant)

---

Witness Statement

---

1. I am Sally6588, of [Address], [Postcode], the Defendant in this matter. I will say as follows:

2. I am a bona fide member of the XXXXX Gym, and attach evidence of membership as Exhibit A.

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

4. Gym members are granted exemption from parking charges whilst using the Gym. Evidence of this is contained in a confirmation letter provided by the Gym, dated XXXXX, and attached as Exhibit B.

5. Upon receipt of a parking charge notice from the Claimant, I supplied them with this evidence, however they have elected to pursue this matter via litigation.

6. 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.

7. 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

There you go - simple stuff, no need for War and Peace.

sally6588

Thank you so much

sally6588

Just received this email from CEL...

Are they supposed to provide me with this too 14 days prior as I have had nothing?

Also the list of cars is a spreadsheet...this could be altered by anyone?


CIVIL ENFORCEMENT LIMITED v - HEARING ON 09/08/2018! - CLAIM

legal2@ce-service.co.uk legal2@ce-service.co.uk via creativecarpark.onmicrosoft.com
Attachments
16:16 (33 minutes ago)
to me

WITHOUT PREJUDICE





Dear



Re: Civil Enforcement Limited v

Claim No:

PCN:



We refer to the above,



We have just received your Witness Statement, which has not been filed 14 days before the hearing and is in breach of the instructions in the Notice of Hearing and, as such, we will be bringing this to attention to the District Judge at the

hearing on 9th August 2018.



Please find attached our schedule of costs which we will seek to recover at the hearing, please also find attached a report of the vehicles registered on the day of question.





Yours faithfully,



Legal Team

For and on behalf of

Civil Enforcement Limited

sally6588

oh and another note I have provided the same evidence too even prior to the court date, they had all this for mediation