Civil Enforcement - County Claim

nosferatu1001

What did you send in to CEL yourself?

Have you found other CEL threads with WS, so you can see how much they have copied and pasted?
Have you gone through it yourself, or are you hoping we will do it for you? If you have gone through it, any thing that stands out for you that you want clarififccation on?

Its pointless us doing it for you, as you have to understand the issues yourself.

Coupon-mad

Kazaa wrote: »

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.

Show us yours then!

You know from the NEWBIES thread that defence is not your only job, and how to word a WS and evidence and what to do when.

PLEASE no post asking 'am I stuffed?' if you having yet done a WS...

...no, you are not but get on with it and get back on the case! Just search the forum for:

never too late witness statement

And get on with it so it is filed & served to the court/claimant THIS WEEK, along with your costs schedule, as covered in all other threads about the same stage.

Kazaa

Post 26 is my WS?

Coupon-mad

So sorry - it's on the previous page so we didn't see it here. We have no time to look back much and can only go on what we see on this page (we don't all see the same page/post ratio as you might).

Please can you re-quote it in a reply now, and tell us what you attached as evidence, or hasn't it gone off yet (what was the deadline)?

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

This has been sent off along with evidence showing an email from the gym saying they will try to cancel the PCN, and evidence of my gym contract.
However CEL stated in their WS that the gym can cancel a limited amount of fines within a few months, however not after when the litigation is started.
Funny thing is when i appealed it to CEL within a month "its in their evidence" and they didn't cancel.

Kazaa

Also image0, paragraph 34 of CEL WS states they do have a contract with the landowner but dont wish to share it?

Coupon-mad

Kazaa wrote: »

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.

OK I had a look and it's the usual blurb, nothing good in it.

If you have not yet sent your costs schedule then prepare that this week:

https://forums.moneysavingexpert.com/discussion/comment/76445468#Comment_76445468

And read CEC16's thread and print off Schedule 2 of the CRA 2015 (the 'grey list' of unfair terms) with paras 6, 10 and 14 highlighted, and print off my court report post from the 11th November hearing, and do a SKELETON ARGUMENT to file with the above, plus a sheet of the 3 quotes from the Beavis case mentioned in my post on CEC16's thread.

File & serve the skeleton and costs schedule the week before the hearing. If you've already done the costs schedule, of course omit that!

You need to get your head around the issues covered by the 11th Nov hearing. Your vague sign is the same.

nosferatu1001

Well then you point out to the court that the claimant was asked to prove their standing, have had amplechances to do it, and you ask the court to draw the obvious conclusion that they are reluctant to show it because it undermines their claim, not enhances it.

Tie the dates together then - issued on X date, appeal on Y date, gym asked to cancel on Z date which is within the number of days CEL state a prinicpal can request canellation, and notably was ABC days before lititgation started with the issue of the claim form on...

What other queries do you have? You look for
- assumptions not backed up by evidence
- items not in their knowledge - ie theyve made stuff up
- contradictory items
- irrelevant items.

How does prom. estoppel work here - does your gym contract entitle you to free parking, ie you were promised fre parking?

Le_Kirk

Kazaa wrote: »

WITNESS STATEMENT
Absalute gym

What a cracking name for a Gym but isn't it Ab Salute?

Kazaa wrote: »

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.

Have you checked what this means? Not sure it covers your situation. It is more when someone in authority working for the PPC says "you can park there" and then sends you a PCN.