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

Coupon-mad

FernandoYoghurt said:

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?

No. You don't have to fully repeat the defence.  What don't you understand about the WS by @aphex007 which is the one most people are currently using & adapting?

FernandoYoghurt

The initial version of by aphex makes sense but having looked at the final version it seems (in my limited understanding) to then repeat a lot of the stuff that was in my defence. I guess maybe this was not in their defence?

Is it as simple as;

• I didn't see the signs because they were covered / not in my line of site (photo of sign covered by bin)
• When I did see the sign, as I entered the shop I spotted the time limit
• I asked the shop staff if I was ok and they said it would be fine.

(clearly expanding on that not literally the above.

Coupon-mad

It is the latest version (after all our advice) that you must use and adapt, not a simplified first effort.  Yes, their longer, later version might well repeat some of the defence and so you can safely remove exact repetition where you see it.

Show us your draft and planned exhibits. If you have a few days, use them to perfect it as best you can.

Le_Kirk

FernandoYoghurt said:

Is it as simple as;

• I didn't see the signs because they were covered / not in my line of site sight (photo of sign covered by bin)
• When I did see the sign, as I entered the shop I spotted the time limit
• I asked the shop staff if I was ok and they said it would be fine.

It is important to be correct when filing and serving legal documents.  Providing you put that in your defence your WS show photos of the poor signage, you saw the sign ONLY when you had already parked and you asked the shop assistant if it was OK to park and you were told yes, this is promissory estoppel if the shop assistant was acting as an agent of the parking company.  Can you get a witness statement from the shop staff? 

FernandoYoghurt

Ok, I'm getting it... Slowly...

Started working through but a couple of Q's.

1/ Aphex's makes reference to no signs being present. I am saying that I did not see them until it was too late so should I remove phrases like "If the Claimant alleges signage was present,"

2/ Do I build my statement using information from their statement? They have for example provided landowner evidence so I assume I do not include that section in my statement.

Coupon-mad

1. yes, that's the part to re-write.

2. You copy most of the style of their statement (including most of the second half which I think is about the fake added DRA fee, Excel v Wilkinson, and the fact that you want to claim your costs) but of course not copying things that make no sense, factually, for your case.

1505grandad

"1/ Aphex's makes reference to no signs being present. I am saying that I did not see them until it was too late...."

Could you not adapt by using words like "not conspicuous", "not had my attention sufficiently drawn to" etc.

FernandoYoghurt

Le_Kirk said:

FernandoYoghurt said:

Is it as simple as;
<SNIP>

<SNIP>  Can you get a witness statement from the shop staff? 

No, unfortunatly by the time I realised that I might need it the shop has ceased trading.

FernandoYoghurt

Ok, first draft done. I only really have today and tomorrow as 14 days prior will be Monday (kinda giving the date away there I guess...).

I have deliberately not numbered past page 1 yet so I don't have to keep re-doing it when things change. I removed the section about them not having the land owners permission as they have provided what I assume is good enough evidence of this in their statement.

Would appreciate any thoughts or pointers.

https://file.io/j33h5PrnOtes - edit: Link doesn't work see post further down

Fruitcake

If you have the claimant's WS already, then please show it to us, but redact all personal information that is not already in the public domain.

Your link doesn't take me to your WS.

I suggest you upload it to a web hosting site such as Dropbox or similar and post a link here.
Do the same with the claimant's WS.

Make sure the file is not registered under anyone's real name and doesn't contain other personal info. We once got shown a link that included holiday photos of the poster's kids!