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county court claim - civil enforcement

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Comments

  • stansmum
    stansmum Posts: 40 Forumite
    Third Anniversary 10 Posts Name Dropper
    stansmum said:
    Le_Kirk said:
    2.    I am the registered keeper of the vehicle in question in this case. I am underrepresented with no legal background in county court procedures. I trust that the court will excuse my inexperience, if need be, and if any of the documentation is not presented correctly.

    Maybe correct this to: -

    2.    I am the registered keeper of the vehicle in question in this case. I am underrepresented unrepresented with no legal background in county court procedures. I trust that the court will excuse my inexperience, if need be, and if any of the documentation is not presented correctly.

    Regarding your paragraphs about signage, I think you should make the point that "after having received the PCN, you carried out research on foot and in daylight to investigate the signage."  At the moment it reads as if you saw all that "no distinctive signage" whilst driving in.

    Good points - I'll make these changes.  Thanks. 

    Thanks. We were pressed for time so had to submit the papers. I took out anything from the witness statement I was unsure about and judging by your advice on other threads, I think we’ve submitted a good version. I’ll let you know how this turns out! 
  • stansmum
    stansmum Posts: 40 Forumite
    Third Anniversary 10 Posts Name Dropper
    The case is due to be decided on papers on 15 May, unless the Judge uses the draft order we sent with the help of @Coupon-mad.  We still haven't received any papers from CEL, despite the deadline of 14 days in advance of the initial  planned hearing which would have been on 14 May.  Is it best that we just let the court know via email, or shall we give them a few more days?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    No, dont give them any more time, point out to the court that you have no documents so no idea what they have stated at all. 
  • Johnersh
    Johnersh Posts: 1,573 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    Anything sent to the court should be sent to the other side, so do make the court aware of that because a judge cannot very well refer in his judgment to documents never seen by a party and be comfortable that is appropriate. 
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    or shall we give them a few more days?

    Do not give these parasites an inch.  You may be able to do them some damage, size the opportunity with both hands. 
    You never know how far you can go until you go too far.
  • stansmum
    stansmum Posts: 40 Forumite
    Third Anniversary 10 Posts Name Dropper
    Thank you. We have emailed the court! 
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    What did you email? 
    Did you refer to the order dated... whcih stated that you must be served by ... the following... and this was not done? 
  • stansmum
    stansmum Posts: 40 Forumite
    Third Anniversary 10 Posts Name Dropper
    We sent the below. We didn’t signpost the specific order, but added the case number and replied on the back of our earlier email with containing our papers. We have also called the court a couple of times already and they have been very helpful so we’ll do that too to make sure that it gets picked up. 

    Dear Judge xxx

    I am the defendant in this case and am writing to bring to your attention that, despite the deadlines given to share papers with yourself and me, the Claimant is yet to send me any papers for this case and I therefore do not know what they are providing as evidence. 

    I feel that this behaviour is unreasonable. I, as someone with no experience of providing court papers have had to spend a great deal of time to familiarise myself with the process and means of providing evidence, and drafting witness statements and defences etc. The Claimant however operates a business that should account for and have these skillets in abundance. I therefore see that they have no reason at all for not providing me with the papers in this case so that I am able to respond to any evidence they provide. 

    I trust that this will be accounted for on consideration of this case.

    Many thanks 
    xxxxx

  • stansmum
    stansmum Posts: 40 Forumite
    Third Anniversary 10 Posts Name Dropper
    We did write skill sets instead of skillets! 
  • Le_Kirk
    Le_Kirk Posts: 25,207 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 5 May 2020 at 11:56AM
    stansmum said:
    The Claimant however operates a business that should account for and have these skillets in abundance. I therefore see that they have no reason at all for not providing me with the papers in this case so that I am able to respond to any evidence they provide. 
    Other cooking implements are available.  Did you send copy of that to the claimant as suggested by @Johnersh?
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