Please Help Parking CEL

Coupon-mad

Bumping it for others to see tonight, or you will fall to page 2 of this busy forum!

Le_Kirk

In point 2. you revert to first person

"........that worked for me I have....."

Maybe should be

.....that worked for the defendant, who has no knowledge....

Your point 4.

I am yet to receive any photographs as evidence.

Maybe......

The defendant is yet to receive any photographs as evidence.

Your numbering goes awry after 4. you have point 6. twice and then (c) & (d)

The defendant refutes that the Claimant is entitled to claim £50 legal representation costs CPR 27.14 does not permit.......

Is there a full stop missing?

The defendant refutes that the Claimant is entitled to claim £50 legal representation costs. CPR 27.14 does not permit.......

Your last point is not numbered.

MFTaylor3

Thank you for your pointers will get these all changed over much appreciated

MFTaylor3

Quick update all this has now gone to the small claims u have received a ddq to fill in. Is there any posts with a guide to filling this out I have searched but can’t seem to find

Le_Kirk

MFTaylor3 wrote: »

Quick update all this has now gone to the small claims u have received a DQ [STRIKE]ddq[/STRIKE] to fill in. [STRIKE]Is[/STRIKE] Are there any posts with a guide to filling this out I have searched but can’t seem to find

Yes, if you go back to the NEWBIE sticky, post # 2 and scroll down, you find links to various defences, guides to the process and also how to complete the DQ.

MFTaylor3

Hi all so good news today CEL have decided to cancel the claim against me so thanks very much for all your great advice. My question is now can I claim my set a side fee? I had to have unpaid days off work to sort this.

Coupon-mad

Great, yet another one bites the dust!

Write to the Judge who ordered the set aside and point out that the Claimant has failed to comply with the order. State that their conduct in now dropping the claim - having put the Defendant through the significant (over ten times their filing fee) cost and stress of a set aside application - is an abuse of process and their conduct has been wholly unreasonable in litigation from the outset.

Remind the Judge that CEL used an old address and failed to take any reasonable/basic steps to trace your current address, despite you being there to be found.

Refer to the date of his/her set aside order and ask that the matter of what you understood to be the reserved costs (as part of your set aside argument) now be addressed.

Say that and use the words 'reserved costs' even if you didn't really argue for your costs back in the set aside!

Attach a costs schedule like those examples in the NEWBIES thread, and hope the Judge doesn't expect you to pay another application fee (of £100, for an order without a hearing) to claim these costs - cross your fingers the Judge sees that you paid a fair whack for your N244 application and should not be awarded your costs against the Claimant.