Civil Enforcement Ltd - Have I left it too late for a POPLA?

FernandoYoghurt

Updated costs bit to;

In the matter of costs, the Defendant seeks:

a)   standard witness cost for attendance at Court, pursuant to CPR 27.14, and

b)   costs of £100 per hour, the Defendant’s billable hourly rate as an IT consultant for the 2 hours required to prepare this defence, totalling £200.00, and

c)    expenses which the Defendant has reasonably incurred in travelling to and from a hearing or in staying away from home for the purposes of attending a hearing, and

d)   that any hearing is not vacated but continues as a costs hearing, in the event of a late Notice of Discontinuance. The Defendant seeks a finding of unreasonable behaviour in the pre-and post-action phases by this Claimant, and will seek further costs pursuant to CPR 46.5.

It is noted that expenses claimed in 17.c may need to include hire of a similarly experienced IT consultant to cover the defendants work commitments for any period that the defendant is unable to work as a result of being required to attend Court.

FernandoYoghurt

Well, that's the email sent off to CCBCAQ@Justice.gov.uk.

I put "Defence Letter Claim No: xxxxxxxx" as the subject and asked them to confirm receipt. Had an automated response to confirm it's arrived so not sure if I will get something from an actual person or not.

FernandoYoghurt

Hey Team,
Good (maybe) news. I've got a court date.

The document from court seems to indicate that I must send a copy of my defence to Civil Enforcement and to the Court. I did sent it through to  justice.gov.uk but I'm not sure if IO need to send it to my local court as well. I have received a 37 page witness statement from CE so I assume I am able to use that address to send my defence to them.

So I think I now need to build a defence "pack" containing my defence and any images I want to be included and a crib sheet for me to use on the court day to make sure I don't forget anything.

Does this sound about right. I've re-read the newbies thread but find it really difficult to follow with all of the links off to other bits of the site so any pointers would be appreciated.

Le_Kirk

Are you sure you have to send a defence?  Haven't you already submitted that to CCBC at the start of the process.  Could it be your witness statement that you need to send?  Some recent examples of witness statements that you can copy for format and style are by @aphex007, @Daiapolon2021 and @anged.  Obviously you do not use the content of those WSs as they will relate to those posters' defences but you use their framework and stick your evidence inside it.

FernandoYoghurt

Hey Le Kirk,
Sorry I guess it is my witness statement not the defence, getting the terms wrong there.

Than ks for the suggestions for statements to use as a template, I'll check them out and post something up once done (if it might help others).

Le_Kirk

I often post this about witness statements: -

Your witness statement is "in support of your defence as already filed" and therefore should be ............... in support of and back up whatever you put in your defence.  It is a narrative of what happened on the day and subsequently, written in the first person in your own words.  It happened to you so no one on here can write it for you.  Reduce the impact of anything negative and emphasise the impact of anything positive. It is also your chance to attach any evidence that you wrote about in your defence.  Read other witness statements to see what those posters wrote - particularly successful ones.

For witness statements, the statement of truth’s wording will be as follows: -

I believe that the facts stated in this witness statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

FernandoYoghurt

Ok, so I just realised that the 14 days before court is Monday so I'm panicking about my witness statement....

Do I need to include everything mentioned in my defence, including the legal chapter and verse. 

Coupon-mad

Le_Kirk said:

Some recent examples of witness statements that you can copy for format and style are by @aphex007, @Daiapolon2021 and @anged.  Obviously you do not use the content of those WSs as they will relate to those posters' defences but you use their framework and stick your evidence inside it.

You copy the style and exhibit bundle and the wording of the WS examples in the threads by of one of the above.

FernandoYoghurt

Thanks again @Le_Kirk and @Coupon-mad, you assistance really is appreciated.

I understand that I should look at the referenced statements but I don't understand most of what is written in them or which parts apply to all cases and which would apply specifically to my case. Would a good starting point be to make reference to each paragraph in my defence pack?

Le_Kirk

Read again what I posted here 9 September at 5:01PM <<<LINK and you will see that you do not resubmit your defence but provide evidence to back up what you said in your defence.  For example, if you stated that it was a P&D car park and you did pay, you say that and provide your ticket as proof, if it was permit holders you provide copy of your permit.