Civil Enforcement - County Claim

Kazaa

Ah i see, thank you. Will keep you posted.

Kazaa

A question for you guys, can i submit my witness statement before CEL. As i would like to show them the contract as evidence plus an email from the gym saying it should be cancelled.

Coupon-mad

Yes you can - and with CEL that might work well, as they are more likely to discontinue cases that are 'too difficult' than other PPCs.

Kazaa

Ok perfect :-). Will be working on this too, this one should be nice and sweet. Hopefully should post this on the forum tomorrow.

Kazaa

WITNESS STATEMENT

I, xxxxx of xxx will say as follows:
I am the Defendant and was the driver of the vehicle in this case. I am unrepresented with no legal background or training and have had no previous experience of county court procedures. If I do not set out documents in the correct way, I trust the Court will excuse my inexperience.

Attached to this statement is a paginated bundle of evidentiary documents marked Exhibit A to C to which I will refer.

1. I deny that the Claimant is entitled to relief in the sum claimed, or at all.
2. The Claimant asserts that I am unauthorised to park in Absalute gym car park.
3. Before I describe what happened on the day when my vehicle was parked in Absalute gym car park to which I am authorised to, I confirm that the essence of my defence to this claim is that:
a) I have not breached any terms and conditions of parking.
b) My vehicle was authorised to park in Absalute gym car park.

BACKGROUND

4. I am a bona fide member of the Absalute Gym in Chelmsford, and attach evidence of membership as Exhibit A and Exhibit B.
5. The registration plate was entered into the keypad system which can only be accessed by gym members only as it is beyond the entrance after passing the barriers via fingerprint ID.
6. Days later I had received a PCN from CEL claiming I had to pay an invoice for parking in the gym unauthorized. Shocked by this I spoke to the manager of the gym who advised me to contact CEL.
7. CEL is a roboclaims company and there is no contact number to speak to someone regarding these issues. I have emailed them numerous times but they rejected my request to cancel, and sent me further demands for payment, in order to put this to a stop I then provided them proof of my gym membership and this was still not considered (Exhibit A and
8. After I sent numerous emails to the gym, they said they will try to cancel the fine as I am a member of the gym, however CEL has still not cancelled this and taken this to court. Evidence of this communication can be seen attached as Exhibit C.
9. The conduct of the Claimant is wholly unreasonable and vexatious. As such, I am keeping a note of my wasted time/costs in dealing with this matter.
10. It is my position that, under the doctrine of promissory estoppel, the Claimant has no standing, or cause of action, to litigate in this matter.
11. In summary, the Claimant's particulars disclose no legal basis for the sum claimed and it is the Defendant's position that the poorly pleaded claim discloses no cause of action and no liability in law for any sum at all. The Claimant's vexatious conduct from the outset has been intimidating, misleading and indeed untrue in terms of the added costs alleged and the statements made, in trying to justify the unjustifiable.

12. There are several options available within the Courts' case management powers to prevent vexatious litigants pursuing a wide range of individuals for matters which are near-identical, with meritless claims and artificially inflated costs. The Defendant is of the view that private parking firms operate as vexatious litigants and that relief from sanctions should be refused.

13. The Court is invited to dismiss the claim and to award my costs of dealing with this claim and attendance at the hearing, such as are allowable pursuant to CPR 27.14.

I believe that the facts stated in this Witness Statement are true.

Kazaa

Please let me know if anything to add or remove to this WS,

Can i use point 7. CEL is a roboclaims company and there is no contact number to speak to someone regarding these issues.

nosferatu1001

Im sorry, was 2 hours turnaround not good enough? Here, have a refund...

Your job
Go through your defence. Have you covered every part of your defence in the WS? If not, is there a reasno not to? If not, then you better include facts to support your argument made in your defence!

7) its a worthless para, mostly. You dont know they didnt consider what you sent, as you have no idea what they did behind closed door. Them not having a telephone number - so what? Of course they kept sending demands for payment - they claim you owe them money!

ANy reason you have US spelling? AuthoriSed.

Kazaa

"Im sorry, was 2 hours turnaround not good enough? Here, have a refund... " Dont know what you mean here....

i have been through my defence and highlighted the key reasons at the start.

7) Maybe this does start of worthless, however after providing them proof of gym membership and was not considered shows unreasonable behaviour?

My computer corrected it t authorized hence the US spelling

nosferatu1001

It was a joke, saying youd posted twice about your WS very quickly.

That wasnt what I asked you to do
You have to go through the defence and, for every thing you assert, you have to work out if YOU can provide evidence to back that up. If you can, then you include it. Its a very, very simple premise - you make an argument (defence) then you back it up (witness statement and exhibits)

7) Again, what relevance does gym membership have? Why is it important? How do you know they didnt consider it? (Hint: you dont) WHy not explain, here, why your gym membership is even remotely important? And, if you say its important, PROVE IT. For exemple if in the memebrship it tells you you can park for free, well thats kinda important...

Then change it, uits still your responsibility, not your computers.

Kazaa

Ok so have recieved a witness statement from CEL, please see link below :-

https://ibb.co/album/jtOALa

Any advice here guys, court date is in two weeks.