At Court hearing stage with CEL who have provided a Witness Statement

sdavies8501

I am now at the court hearing stage with CEL which take place towards the end of August. This is my first post as for the previous stages the newbies thread and others were sufficient enough for me to complete the stages independently i.e. defence statement, directions questionnaire and the WS.

From reading other CEL posts I understand in most cases CEL pull out around the due date for the trial hearing fee. For my case CEL have provided a witness statement and appear to be trying really hard to win the case compared to other CEL cases I have read on here.

Regarding the alleged incident which is said to be taken place in 2016. At the time of the incident I was heaviIy pregnant so would not have been driving the car. So the main basis of my argument is Keeper liability.

I did not specifically explain the pregnancy in either my defence or witness statment so not sure if I can bring this up in the hearing? I have the links ready for both set of WS but cant post at the moment as I am a new user.

I am now quite worried as not entirely confident with how will I successfuly defend myself on my own? I am considering to take the offer which was provided with CEL witness statement


Any advice would be much appreciated. Also like to take this opportunity to thank everyone for the advice given on the newbie and other threads. They have been really useful in getting me to this stage, I just hope I will be able to carry on till the end.

Umkomaas

CEL take these right to the wire - the point when they have to shell out for the hearing fee, so stay strong.

I am considering to take the offer which was provided with CEL witness statement

Chancing their arm that you're intimidated enough by them pressing on with this - how much was their 'kind offer'? Whatever the amount, it is still a further attempt at extortion.

I have the links ready for both set of WS but cant post at the moment as I am a new user.

Post the links here, but change the http to hxxp and a regular will do the conversion to make them 'live' and usable.

System

and appear to be trying really hard to win the case compared to other CEL cases I have read on here.

They changed their approach months ago but some have been slow to pick up on the fact they are now going all the way. Most still are being cancelled; at least one has had representation; but others are being heard without representation from CEL. Similar to UKCPM now in that regard.

Whether they are seeing certain templates and thinking they'll have a go, is uncertain but they do change their approach - as do all the other PPC's.

What doesn't change is the need to address the facts of the case - signs, authority, amounts, evidence.

sdavies8501

Thank you for your reply, the amount being claimed is 350.05, offer is 175

links to statements are below

claimaint ws

dropbox.com/sh/hhyev2t1ti18yx6/AACSQTKcnWe7TpRJw_GAASPna?dl=0[/url]

defendant ws

dropbox.com/sh/ymr3gfalwuqbt6t/AABx6iubWDJ9G7kKgHSYikZ0a?dl=0[/url]

Le_Kirk

Links made live: -
https://www.dropbox.com/sh/hhyev2t1ti18yx6/AACSQTKcnWe7TpRJw_GAASPna?dl=0

https://www.dropbox.com/sh/ymr3gfalwuqbt6t/AABx6iubWDJ9G7kKgHSYikZ0a?dl=0

Umkomaas

Thank you for your reply, the amount being claimed is 350.05, offer is 175

Oh, wow, 50% off, what a bargain!

Even if you lost at court, it wouldn't be much more, possibly less. This is how it would likely stack up:

Original PCN - £100
Court filing fee - £25
Court hearing fee - £25

That's about it, unless they've employed solicitors to make the claim - but I don't think they do - then it's a capped maximum of £50 for a small claims court case.

Lamilad

Your 'not the driver' defence should be pretty solid esp as you have supported it with evidence.

Have you actually compared their ntk with PoFA S9 to show specifically where it does not comply? Not all judges are well versed in PoFA so this could be something you need to walk him/her through on the day.

How have they arrived at a figure of £350? Can you post the original particulars of claim and your defence?

Redx

sounds like other recent cases where they added a lot of legal fees and its thrown out due to abuse of process , I suggest you look for those examples to add more fuel to your fire , especially if it was only one pcn and not multiple pcn,s

Quentin

If you have used your r real name as your board name:


1) You need to ask MSE to change it to something completely anonymous


2) That name is shown when clicking through to view your links - you need to remove the links and take down the pics - no point redacting them when a name is shown by the host!


The ppcs monitor here and can use your posts against you

sdavies8501

Thanks Lamilad the ntk they have provided seems to comply with section 9 link below

dropbox.com/s/wg6fwcopvycveno/20180819_133238.jpg?dl=0[/url]

The poc is linked below

dropbox.com/s/1e0z61qofrt0pad/20180819_134848.jpg?dl=0[/url]

my defence is here

dropbox.com/sh/qnp6dhbs87iev4s/AADFLYrl_vcB7EPR2sO8uspRa?dl=0[/url]

sdavies8501

Hi Quentin,
sdavies is my pseudonym