CEL witness statement received - case going ahead?

richardadc

Today I’ve received a witness statement from CEL by special delivery for a parking case that’s due to take place on 18th November.

I haven’t supplied a witness statement as I phoned the court call centre the day after the trial fee was due and they said it hasn’t been paid. Please note however that this is only a call centre and it’s not possible to talk to the actual court.

I obviously can’t make any calls today but just wondering how I should proceed? If the court has made a mistake in advising me the court fee hasn’t been paid will I be able to hand my witness statement in late?

I am aware my local court is 6 weeks behind on paper work at the moment if that makes a difference.

Thanks for any advice.

Fruitcake

If this is the same case as your other thread, please use the edit, advanced edit function for the title and content to show Duplicate thread, and only post on your original thread.

richardadc

Fruitcake wrote: »

If this is the same case as your other thread, please use the edit, advanced edit function for the title and content to show Duplicate thread, and only post on your original thread.

It’s not the same case but thanks for the guidance.

Umkomaas

richardadc wrote: »

It’s not the same case but thanks for the guidance.

But there’s hardly any background or context here. Its a dangerous strategy to expect people to parachute in to give serious advice (now at the real business-end of a parking charge) not knowing what’s gone on, or what’s been undertaken, previously.

Fruitcake

richardadc wrote: »

It’s not the same case but thanks for the guidance.

In that case follow the advice on your other court case thread, and the advice from the bargepole guide to court in post 2 of the NEWBIES. You should assume the case is going ahead until the court tells you in writing anything to the contrary.

As Umkomaas has said, we have no ide what has happened before this point.

Redx

Do what the Court order tells you to do , by the date listed on it

richardadc

Umkomaas wrote: »

But there’s hardly any background or context here. Its a dangerous strategy to expect people to parachute in to give serious advice (now at the real business-end of a parking charge) not knowing what’s gone on, or what’s been undertaken, previously.

Ok, so far I've submitted a defence and received a letter from the court advising that the case will be heard on 18th November and that CEL have to pay the trial fee by 21st October or the case will be struck out without further order.

On the 22nd October I phoned the court call centre to find out if the trial fee has been paid and they said no, and that it will go to a judge to be struck out. As such I have not done anything further.

I suppose the exact details of the case isn't really the question I have, it's more to do with how the court process follows and what would happen in the situation I explained.

I can say however the other thread (https://forums.moneysavingexpert.com/discussion/5924336/cel-court-defence-permit-holders-only) is at least the same situation (and the defence was the same) in that it's for another parking ticket in the same place, just the dates are different.

I hope that makes sense but please let me know if I need to add anything else.

richardadc

Fruitcake wrote: »

In that case follow the advice on your other court case thread, and the advice from the bargepole guide to court in post 2 of the NEWBIES. You should assume the case is going ahead until the court tells you in writing anything to the contrary.

As Umkomaas has said, we have no ide what has happened before this point.

As the Notice of Allocation to the Small Claim Track letter said if CEL don't pay the trial fee by the 21st October then the case will be struck out without further order doesn't that mean that I won't receive another letter?

It's worth noting that I never received anything from the court for the previous case and could only rely on what was said on the phone. They never even replied to any of my emails.

richardadc

..and just to be clear I'm going to miss the deadline of getting the witness statement to CEL 14 days before the court case, which is why I'm asking for help with the process.

CEL have also offered £125 settlement offer which I will pay if there is nothing I can do about the advice I was given over the phone.

Umkomaas

Check again with the court as to the status of the claim as almost two weeks have gone by since your last contact with them.

Coupon-mad

And just get the WS, evidence and your costs schedule in anyway...who cares if it's a few days late?

Again like others here, this 'I am not putting in a WS' intention is quite possibly going to grab defeat from the jaws of victory and must assume this HAS NOT been struck out and they did pay after all:

https://forums.moneysavingexpert.com/discussion/comment/76394696#Comment_76394696