Court Claim CEL Ltd

Sun1234

Just a quick update, the case was marked as defended on MCOL less than 24 hours after my email was sent - so they are very quick at acknowledging this!

Also I added a very brief closing sentence at the end of my defence:

The very vague particulars of claim fail to identify any cause of action, furthermore, a contract cannot be formed if the terms are not certain. It is the defendants’ belief that this claim has no merit or reasonable prospect of success and invites the court to strike out the claim.

I now await the DQ

Batman2797

Hi Sun1234,

I have a very similar case and I am looking to submit my defence today as my deadline is also tomorrow.

I just wondered if you could let me know what you included for the hidden terms and conditions in relation to 'good faith' and the Consumer Rights Act 2015??

Many thanks,

Sun1234

I haven’t posted for a few months as nothing much has happened however I’ve just received the Notice of Allocation for in a couple of weeks .

I have 9 days to submit the witness statements it does also say that CEL have until this week to pay the fee or the claim will be struck out

Am I best to contact the court on th date to find out if they have submitted the fee etc

Is a witness statement similar to the defence in terms of what I’m writing? It only says the claimants statement has to be double line spaced paginated and bound...do I need to do this too?

Many thanks

Coupon-mad

Am I best to contact the court on the date to find out if they have submitted the fee etc

Nope. Assume they will.

Is a witness statement similar to the defence in terms of what I’m writing?

Not really - see the NEWBIES thread for WITNESS STATEMENT examples, and tips on what evidence to include in your file as well.

It only says the claimants statement has to be double line spaced paginated and bound...do I need to do this too?

Yes, it's best to please the Judge and follow that lead but not 'bound' - just in a ring binder with a contents page and all the evidence numbered, like you will find repeated again and again, on every defence thread.

Sun1234

Ive read a few of the witness statements and although they are very similar im not sure what to write as to who was driving.

It wasnt me as i was in another car but we were both attending the same gym for the induction.

Do i now name the person who was driving and ask them to submit a witness statement and attend court?

Sun1234

Can anyone help with this?
Also with regards to the breach of contract - does POFA effectively mean that the breach of contract is with the registered keeper even though they didn't enter into a contract?

KeithP

Sun1234 wrote: »

Also with regards to the breach of contract - does POFA effectively mean that the breach of contract is with the registered keeper even though they didn't enter into a contract?

If the conditions specified in POFA are complied with, then the PPC can transfer the liabilities of the driver to the keeper.

So if the driver breached a contract the liabilities following from that breach now fall to the keeper.

Sun1234

So in court can the keeper also argue that the contract was not properly formed with the driver and therefore there’s no liability for the contract to be passed to keeper?
Thanks

KeithP

If there was no contract formed with the driver, then there are no liabilities under that contract that can be transferred to the keeper.

Remember, before any liability can be transferred from the driver to the keeper the parking company must adhere to the conditions imposed by POFA.

Sun1234

I have looked at pofa and believe they have complied apart from some minor differences eg they say “parked” between certain times but in fact it was the time The anpr caught the car driving in and out.

Not sure if something like that is strong enough and don’t want to make the judge angry......