Got Serious, pay or fight? *Defence Draft Stage*

KeithP

No harm in sending another copy of your completed DQ by email to the CCBC in the same manner and to the same email address that you sent your Defence. Refresh your memory on that by re-reading post #6 above.

Anonimoose

My case has been transferred to my local court. The hearing is due on 22nd October.

Here is my first witness statement draft if i could please have some critique

Witness Statement

1. I am xxxxxx, of xxxxxx, xxxxxx, the Defendant in this matter. Before writing this witness statement I have revisited the area and changes have been made to the area since the alleged incident occurred over a year ago. However I will describe in as much detail as possible the events of that date.

2. On 30th August 2018, I visited the the car park at (carpark address) at 21:27 hrs, and parked my car with the registration XXX XXX. I exited the land at 23:31 hrs.

3. At this time there was no daylight when entering the car park and the whole area was very poorly lit. The images provided by the claimant from their ANPR camera are extremely poor quality and it is clear to see how dark the area is. I have included these (reference XX01).

4. The area of land is situated behind numerous small business that were not open at this time of night. The land was uneven and had no designated parking bays, and this is still the case to date as you can see in the recent photograph I have included (reference XX02). I arrived with friends in 2 other cars, It was not to my or their knowledge that this land was a designated charging car park, we all were under the impression it was merely an unused area of land situated behind various buildings. I have parked here in the past at a similar time of night and had no problems.

5. The claimant will assert that I entered a contract upon entering the site and reading the signage. However the placement of the one sign I will have driven past is high up on a pole and was not illuminated by my vehicles headlights. it is to my knowledge that there are three elements to a contract: offer, acceptance and consideration. I deny that the claimants signage was capable of creating a legally binding contract as the signage was not at all prominent, and inadequately lit for that time of night.

6. It is my position that, it was not clear the land was a paid car park, and that I did not enter a legally binding contract with the claimant. Therefore the Claimant has no standing, or cause of action, to litigate in this matter.

7. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

Statement of Truth

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

Signature
Date





Schedule of costs

Research and preparation of defence as litigant in person @£19 per hour, 6 hours. Total £114.

Printing of 3 copies of witness statement and reference images.
Estimate £25.

Mileage driven to attend court and return on 22/10/19
2.2 miles @ £0.45 per mile
£1.98

Car parking on day of hearing on 22/10/19
£2

Total costs claimed £142.98


Yours faithfully,

Anonimoose

Ignore the last post, had a letter through today from CEL

'Please be advised that we have discontinued proceedings for the Claim referred to above, and have notified the Court of the same. Please find attached copy of the Notice of Discontinuance, Form N279.'

Would've been interesting to see if I could've had them at the hearing but I'm so bloody relieved now!

beamerguy

Anonimoose wrote: »

Ignore the last post, had a letter through today from CEL

'Please be advised that we have discontinued proceedings for the Claim referred to above, and have notified the Court of the same. Please find attached copy of the Notice of Discontinuance, Form N279.'

Would've been interesting to see if I could've had them at the hearing but I'm so bloody relieved now!

Great News :j

Trouble with CEL is their claims are cr*p
They knew they would have been spanked in court

CEL cannot be trusted so to close this for you, phone the court on monday to get confirmation