Court Claim CEL Ltd

Coupon-mad

The POFA requires:

- adequate notice of the parking charge (i.e. clear signs with £100 in large letters)

AND

- a 'relevant contract' or 'relevant obligation' on the driver; you can argue they were a genuine patron of the gym and either knew nothing about any such obligation (if true) or that there is no obligation on gym users - you know the issue better than me...

AND NOT JUST THIS ALONE, BUT IT'S IMPORTANT TO CHECK IT PROPERLY:

- a compliant Notice to Keeper (CEL do not always include para 9(2)f).

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.

So you write that, in a WS format, with attached evidence like the 'tips' for evidence show you, in the NEWBIES thread... The simple story as a witness, about what happened and why the VRN was not input or the system failed, or the system was hidden or whatever (I have had no time to look back...).

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

If that is convenient, you could, but you do not have to name the driver and I wouldn't, if they are vulnerable and would fold if CEL decided to start a case against them instead.

Sun1234

I have today received CEL witness statement, there’s lots of irrelevant case law and there are points where it seems they haven’t even read their own previous communications to me.

Is the witness statement the right place to point this out or should I wait till court?

beamerguy

Sun1234 wrote: »

I have today received CEL witness statement, there’s lots of irrelevant case law and there are points where it seems they haven’t even read their own previous communications to me.

Is the witness statement the right place to point this out or should I wait till court?

Sounds typical of CEL's total incompetence

Like ALL these scammers, dodgy legals included, they are struggling to find anything new so resort to meaningless cases hoping a judge will be unaware.

Why point out their stupidity when you can go to court and rubbish their claim in front of judge.

Remember CEL often discontinue their claim but because they are a company NOT TO TRUST ..... always check with the court whatever they say to confirm

Don't forget your costs schedule when you win

Coupon-mad

Is the witness statement the right place to point this out or should I wait till court?

In both. You know that from the example WS you've read.

Sun1234

The witness statements that I’ve read seem to pretty short and sweet which is why I’ve asked....cel witness statement is over 20 points long and if I begin to refute them in my own witness statement it’s going to be quite long

I was wondering if I put so much info in it if the judge will miss some of my points and also by submitting it to cel I’m giving them time to find out answers.

On another point they haven’t included their contract with the landowner in there witness pack, can they submit this at court or should they have provided me with it?

Thanks

Coupon-mad

They had to prove they have landowner authority if you raised it in defence.

Are you sure the only WS I've linked in the NEWBIES thread are short? I was thinking they were quite long and detailed (don't look at defences, only WS examples).

If you miss out pulling apart their evidence in your WS you have missed a trick!

Look at the thread tonight by Lop5 and the replies by me and Johnersh as to what we noticed about the parking firm's WS in that case.

Do the same line by line demolition, it is fairly easy when you start.

Sun1234

Ok thank you I will look.

I have just gone over the original notice and it is compliant with pofa

Should I post my statement on here when it’s completed?

Coupon-mad

CEL PCNs are not usually POFA compliant, except for a MUCH newer version I saw.

Are you sure it has 9(2)f in full, and not just in the payment slip?

Sun1234

No you’re right it only has it on the payment slip, I thought that as this is on the same piece of paper it’s compliant?

Also I’ve just read your comments on Lop5 very helpful as they are quoting the vine case too

Sun1234

I’m just working on the witness statement which I need to send tomorrow,
Please can someone point me in the right direction for how I calculate an order for costs?

Thank you