CEL witness statement

Le_Kirk

But wasn't £100 the original PCN figure, so how is that better for you? Seems like they are wavering!

Not_for_real

My sarcasm wasn’t clearly reflected on my post.

Yes it was. I’m with you seems they’re wavering a bit. I haven’t seen the letter yet.

Not_for_real

So their WS now that have seems to be a template signed by mr Ashley Cohen who ‘sadly’ won’t be attending

I’ll summarise it.

Para 1-6 generic stuff. Signs everywhere good lighting etc etc

Para 7. Mentions vine v Waltham Forest London borough council

Para 9 mentions PE vs Beavis and how it would erroneous to conclude than the sum claimed must be genuine pre estimation of loss

Para 12. Mentions the unfair terms in consumer contract regs 1999

Para 14 mentions photos and see the site plan of 2014which I must as since changed. Google maps confirms this, as does my evidence which was a street view of the car park of google map round the time of the alleged overstay :rotfl:

Para 15 mentions they took grace period into consideration before issuing the notice. :rotfl:

Para 19. My defence is a template of the internet’s ironic that!! And the PCN was in accordance of POFA 12.

Para 21. A proof of some sort of landowner authority

Para 22 unreasonable behaviour as per CPR rule 27.14 by ignoring all correspondence

Le_Kirk

It does annoy me when they claim defendants have copied a defence from the Internet. Do they think that just because it has been used once and posted on t'Interweb that it becomes useless? If that was the case NO defence would ever be able to be used more than once - including their own template drivel.

Not_for_real

Will it be possible to negotiate what you can pay them? The defendant in this case is willing to settle it now and be done. I’m on the other hand thinking to have a day in court. CEL clearly have a weak case imho

Umkomaas

Not_for_real wrote: »

Will it be possible to negotiate what you can pay them? The defendant in this case is willing to settle it now and be done. I’m on the other hand thinking to have a day in court. CEL clearly have a weak case imho

CEL almost always lose in court so, having got so far, why contemplate snatching defeat from the jaws of victory?

How much were you thinking of offering? If you do offer anything, do so in writing and mark the offer 'Without Prejudice, Save as to Costs'.

Not_for_real

I know right. While I’m convinced.

Maybe I’ll them to send an email with this ‘offer’ for half what they want

Not_for_real

What is the procedure if the claim is settled prior to the court date. It is just a matter of letting the court know?

Reluctantly circumstances for the defendant may be that this is the best option for them :mad:

Umkomaas

Not_for_real wrote: »

What is the procedure if the claim is settled prior to the court date. It is just a matter of letting the court know?

Reluctantly circumstances for the defendant may be that this is the best option for them :mad:

The Claimant should tell the court, but as insurance against them not doing so and to avoid a judgment in default as the case will continue if the court aren't informed, the Defendant should also inform the court.

Never trust a predator.

Not_for_real

Wasn’t banking on CEL on being truthful. Is there anything in particular I should mention when I send an email other than what you previously mentioned above

Do I say in spite of the case an offer of for example £60 is a reasonable sum on the probability if this case was to be heard

Saying that do they just settle at the £100. Tbh I don’t want to waste my time writing an email to make an offer on their behalf.