Civil Enforcement Ltd (CEL) – POPLA Appeal Advice

Umkomaas

The Claimant has until 14 December 2020 to pay the trial fee.

CEL often don't, resulting in a 'struck out' case, but don't bank on it, you must jump through every hoop you have placed in your way until there's confirmation the case is over. This is the wrong time for complacency. 

Coupon-mad

I'd contact CEL and ask them to arrive a CVP (video) hearing where you can see them and the Judge - it is better than phone.

Han_Solo

I sent an email to CEL earlier this week to confirm my objection to a determination on the papers and to request that they arrange for the hearing to be held via Cloud Video Platform.

I also intend to inform the county court of my objection to a determination on the papers by sending the following:

Dear District Judge xxxxxxx,

Re: Claim number xxxxxxxx - hearing date set for xx/xx/2020

Important Preliminary matter from the Defendant

(served by email due to COVID-19 measures)

I am the Defendant. This email has been copied to the Claimant.

Preliminary matter

I write to confirm my objection to a determination on the papers. As requested by the court I have made contact with the Claimant to arrange for a hearing via Cloud Video Platform (CVP) so that all involved can see and hear one another. I believe this is the fairest way to proceed, my reasoning for this follows.

(a) This claim exhibits the usual oppressive parking robo-claim path, with a very sparse statement of case, later followed by a case made by way of ambush, with a tendency to produce prolix witness statements, right at the death. This places Defendants at a huge disadvantage, given the first time they see any 'evidence' is at completion of the bundle, and their only chance to point out that large parts of the evidence are completely irrelevant, is at trial.  

(b) The case of JD Wetherspoon Plc v Harris and others [2013] EWHC 1088 (Ch.) is an example of the Court using its power to limit the evidence by striking out large parts of a witness statement for abuse, because it was written by a person with no personal knowledge who recited facts based on the documents he had read. Similarly, parking charge witness statements contain template legal argument, misleading reliance upon ParkingEye v Beavis and even more irrelevant case law, and are more designed to stand in terrorem of defendants than to assist the Court in determining the substantive issues.  

(c) Such 'witness statements' lack probative value and are very often created by freelance legal writers and 'signed' (or facsimile 'signed') by a third party who is not a witness in the true sense, and who relies upon misleading and irrelevant extracts of case law and undated, old or 'stock' images of signs, some of which are often not even present at the location in question.  

(d) In my case, I strongly believe that I must be afforded a fair opportunity to rebut the inaccuracies in the 'evidence' regarding the car park location/event and highlight the failure to demonstrate a prominent/legible contract, or liability, or legitimate interest. I am the only local witness, in the true sense, and I believe that, if the claim is to be heard, a decision cannot be fairly made without a hearing in my presence.

Comments welcome.

Thanks

Coupon-mad

Looks OK to me.

Han_Solo

I have a deadline of 11 November to submit "...copies of all documents on which that party intends to rely at the hearing...". As such I will include a copy of my defence alongside my witness statement. My question is, can I update my defence at this point given that it will be copied to the Claimant or is this not allowed? I thought it may be beneficial to reformat based on the latest template by Coupon-mad as it is more succinct than the version I originally submitted, and this may be appreciated by the judge.
Thanks

KeithP

Your Defence is already filed. If you want to change it you need the permission of the court to do so. To request that permission costs £100 and is not guaranteed to be given.

In this context, 'the documents you intend to rely on' does not include your Defence.

Han_Solo

Understood, thanks KeithP.

nosferatu1001

Documents is also exhibits of which you will have plenty. The WS is only one document 

Han_Solo

The deadline for submitting my witness statement is Wednesday so I have attached a redacted version for comment.

A couple of points:

1. The redactions on the confirmation of authority are mine, I intend to submit without these. For information, the only signatory is a now ex-director of Fox Connaught Limited.

2. My intention is to maintain the redactions of the WhatsApp chat simply to respect my friend's privacy or do you think a judge would prefer to see an original copy?

Thanks

KeithP

Your costs Schedule needs to be much more detailed. Just (apparently) plucking a figure of £399.00 out of the air isn't good enough. Some detail on how that is made up is needed. E.g. 4hrs writing a Defence @ £19/hr = £76. and Researching POFA 2hrs @ £19 =£38. etc etc.

As you are asking for unreasonable behaviour costs you are certain to be asked something like "please explain exactly how the Claimant has been unreasonable" to justify those costs. Be prepared to answer that question.