CEL taking my wife to court

Coupon-mad

simonsmart111 wrote: »

Update time.

Defence was submitted on time via email.

We received a 'acknowledgement of your defence' which was dated 23 April 2019.
This advised that the claimant must contact the court within 28 days, or the claim will be stayed.

5 Weeks passed, but on 31st May 2019 we received a 'Notice of proposed allocation to the Small Claims Court', dated 29th May 2019.
This included a covering letter, and a few pages to fill in and return by Mid-June.

So, would it be advisable to agree to a Small Claims Court Mediation Service? If so, I'll just fill out and return the forms.

If not, I presume it would default to an official court hearing?

This is already covered by bargepole's detailed 'Court procedures' post linked in the NEWBIES thread and it always alarms me when Defendants haven't read it, even though I put a heading in red 'IMPORTANT - KNOW WHAT HAPPENS WHEN'.

Bargepole tells you how to fill in the DQ. No poster should be asking about Mediation.

Finally, the dates that I provided at the beginning of this post show a gap of 37 days. The original letter said that there was a 28 day limit. Would the 9 days reflect processing times from the CCBC, or could we dispute the dates and get the case dropped?!

It's just a CCBC delay, nothing important.

Come back at WS and evidence stage when you are allocated a hearing date. That is the time to be prepared for and you sound like you need to re-read the NEWBIES links.

simonsmart111

The Small Claims track questionnaire has been sent off, but on the deadline day, so will arrive late.

Am I screwed?! Loads going on in personal/work lives, so sticking to the tightish deadlines is pretty tricky right now, but I don't suppose the courts/claimant will give one...

The_Deep

but I don't suppose the courts/claimant will give one...

They will not, it is largely an automated process so keep to the deadlines.

Have yo complained to your MP?

Le_Kirk

simonsmart111 wrote: »

The Small Claims track questionnaire has been sent off, but on the deadline day, so will arrive late.

Did you send it by e-mail? If so, should be fine, just check on MCOL for status of your case.

simonsmart111

I've not got round to complaining to my MP at this stage. Is it worth doing this far down the line?

It was sent by post...but I could probably locate a copy and email one today

Redx

So email it and stop typing on here

It is always worth complaining to your local MP, regardless of when it is

KeithP

Email a copy of your completed Directions Questionnaire to the CCBC in the same manner and to the same email address that you sent your Defence.
Refresh you memory on that by re-reading post #10 above.

Do not forget to send a copy of your completed DQ to the Claimant - address on your Claim Form.

Coupon-mad

Why does anyone post their DQ when we tell them to email it?

simonsmart111

Hello again all,

A couple of months since my mini drama over the questionnaire! All sorted now, and the claim has been allocated to my local court.

We've been sent a court date and time, so are in the process of writing up a witness statement and sending to the court and claimant. I'll post it below, and would greatly appreciate any advice on what to change, remove or what could be added!

In My Local County Court
Claim Number xxxxxxxx
Claimant: Civil Enforcement Limited
Defendant: xxxxx

________________
Witness Statement
________________

1) I, XXX, of My address, am the defendant in this claim. The facts in this statement come from my personal knowledge.
2) At the time that my vehicle was recorded as being on the car park at (Car park address) (“the car park”) and was present on the site for 19 minutes.
3) The reason for the vehicle being on this site was due to an emergency dashboard warning light which came on with no notice. A written warning came on, stating that the vehicle MUST be stopped immediately due to a potentially critical engine problem. The vehicle was stopped solely to check the oil, coolant and water levels before continuing with the journey. See exibit A for mechanics invoice for works carried out immediately after the date recorded on this parking charge.
4) Upon accessing the site, no adequate signage was clearly visible, and was not easily noticeable, especially considering the circumstances under which the driver had to enter the car park. See exibit B for a google Earth view of the front of the building which is built on the land relating to this claim. No clear signage can be seen.
5) Although there are several signs located around the perimeter of the site, these were very small, and were not easy to read from a reasonable distance. Due to the circumstances which the driver was under (mechanical emergency), getting out of the vehicle, approaching a sign, and reading 19 lines of written text in various fonts sizes was not a priority for the driver.

I believe that the facts stated in this witness statement are true.

Signed:………………….


I do plan on going by the site and taking some photos, and a tape measure to ensure that the signs measure the 450 x 450mm as stated in the guidelines, but time is ticking and I need to send the paperwork no later than Thursday.

A couple of questions:
1) Can I play on 'grace periods'? Claiming that it may have taken us, say, x minutes to find a space, x minutes to pull out and exit etc?
2) The oxford definition of being 'parked' is 'to bring (a vehicle that one is driving) to a halt and leave it temporarily, typically in a car park or by the side of the road' - could one argue that, if someone was with the vehicle, that it was truly parked (I assume not, but worth an ask?) ((arguably, the car was exited to check fluid levels, but could argue that it was not left alone in the car park))

Finally, my WS should be posted, rather than emailed, shouldn't it?

Thanks again for all the help so far!

KeithP

simonsmart111 wrote: »

...I need to send the paperwork no later than Thursday.

Good luck then.

You have given just two days for people to comment on your WS - at the height of holiday season too!


When ready, hand deliver your Witness Statement and evidence in a neatly indexed and paginated file, remembering to send a copy to the Claimant - address on your Claim Form.