Civil enforcement Ltd defense statement

Johny86

I have received the SAR from the claimant along with N180 direction questionnaire form. They sought telephone hearing and alternatively hearing in xxxxx court (hundreds of miles away from my house). I checked my MCOL account and there is no update apart from defense submitted. I then rang NCCBC they said claimant hasn't responded yet so I dont need to do anything. Please advice guys what should I do now?

Le_Kirk

This is (becoming) a tactic of the PPCs by sending their DQ, hoping to panic the defendant into doing something that doesn't help the defendant's case. You could wait for the court to issue YOUR DQ or download one yourself. Keep checking MCOL to see if/when claimant has responded and your DQ is issued.

Johny86

Ok Le_Kirk I will be following your advice. How likely the hearing may take place in a different county? How do I proceed with the telephone hearing if they do go ahead? I meant how does it work? Please explain. Thank you

KeithP

Johny86 wrote: »

Please advice guys what should I do now?

Re-read items 7 and 8 in the list in post #5 above.

Johny86 wrote: »

How likely the hearing may take place in a different county? How do I proceed with the telephone hearing if they do go ahead? I meant how does it work? Please explain.

Already been explained - in post #2 of the NEWBIES thread.
There's a link to that thread in post #5 above.

You need to read and fully understand Bargepole's 'what happens when' post linked from that post #2 of the NEWBIES thread.

Johny86

Hi everyone
I have a hearing date set for August. The court ordered both parties to serve the witness statement or any evidence no later then 14 days before the hearing. I have more then 2 months left . I received a big bundle from CEL containing photographic evidence, case law examples, witness statement and pay phone report. Surely they are in a hurry Lol. CEL are willing to settle the case if I pay £100 within 7 days. They must be nuts lol. I have found factual error (i.e Vehicle exiting from the site is so blurred that its hard to identify the vehicle registration, make or model due to the darkness. I think they just assumed. Also the pay phone report they attached is different from the actual incident date. They tried to establish the machine was in working order on the day but stupidly got the wrong date). They mentioned the witness will not be attending in court. It will be either a representative or someone else from the company.
I have been reading newbies sticky thread and following your instructions step by step. My question is can I prepare my witness statement stating the error I mentioned above? I dont think they have a claim hence they want to settle the case. Please advice guys. Thank you very much

Redx

Prepare , definitely

Check the date it has to be with the court and the claimant and get it in a couple of days beforehand, not giving them time to add a supplementary WS

Coupon-mad

CEL will likely discontinue, but do start work on the WS in July just in case.

Johny86

Hi everyone
Just a quick update CEL has paid the hearing fee and its definitely going ahead. The hearing will take place on 26th August. I am aware of the 14 days time period but a bit confused. Considering the given date by when should I send WS? within or before 14 days? I have received a big bundle after requesting SAR. The bundle includes all the letters they have sent me and there is a letter of notification regarding keeper liability so I guess its not NTK. I should have mentioned that on my defense that they failed to serve NTK and did not meet POFA. is it possible to add that on WS? if I defense as a keeper Am I allowed to say the picture taken by ANPR leaving the site is really blurred so how they knew it was the same vehicle? Also the pay phone report they included on their WS is from a complete different date. Can I argue that as a keeper? Also they sent their WS and evidence more then two and a half months before the hearing. Are they allowed to do that? Please advice guys. Many thanks

The_Slithy_Tove

Witness statement and anything else has to be in before 14 days prior to the hearing. A bit daft saying it has to be within 14 days; that could mean the day before.

Johny86

Hi guys
I did not mention POFA compliance on my defence as I threw all the letters away soon I received the fine. I am looking at the documents they sent after requesting SAR. They only sent a PCN and a letter of notification regarding keeper liability. I guess thats not NTK. Can I add that on my WS now?