Cel consolidated claim 29 November 2019 at 3:26PM in Parking Tickets, Fines & Parking 17 replies 487 views

simbororo2018

I am currently been harassed by CEL with two claims one from July 2017 and the other from March 2019. I have defended both claims separately and sent a SAR which I just received. They also sent a letter stating that they will apply to the court to have both claims consolidated even though they are for two different cars and different parking sites. I have also filled and returned form N180 for the 2017 claim. Should I object to the consolidation? or does it not matter?

Thanks

KeithP

You already have a CEL thread from August 2018.

Is that related in any way?

How about updating that thread with progress, as well as your NCP thread?

simbororo2018

KeithP wrote: »

You already have a CEL thread from August 2018.

Is that related in any way?

How about updating that thread with progress, as well as your NCP thread?

THE case from the previous thread closed as they did not pay the hearing fee so they are not related. The two in this case are completely different. I will update them both though. Thanks

Coupon-mad

simbororo2018 wrote: »

I am currently been harassed by CEL with two claims one from July 2017 and the other from March 2019. I have defended both claims separately and sent a SAR which I just received. They also sent a letter stating that they will apply to the court to have both claims consolidated even though they are for two different cars and different parking sites.

I have also filled and returned form N180 for the 2017 claim. Should I object to the consolidation? or does it not matter?

I would agree to consolidation as it's less costs in play, one hearing etc.

But are you really saying you had three CEL claims?

simbororo2018

Coupon-mad wrote: »

I would agree to consolidation as it's less costs in play, one hearing etc.

But are you really saying you had three CEL claims?

YES, with these two they are three in all.

The_Deep

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, as it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]

simbororo2018

UPDATE:

I defended both claims and received notice of transfer to a local court.

First, the good news: I called the court today and was told one of the claims was struck off by the judge without a hearing. I should get confrimation in the next few days.

Hearing for the other has been set for May with the last date to submit witness statement as of February 3rd. I have scoured the forum looking for ideas for the witness statement but I am struggling to find similar cases to help. If anyone has pointers or ideas please let me know.

Outline:
1. Private lease vehicle with more than one driver insured to drive the car
2. PCN issued late July to hire company early August 2017
3. Hire company provided hirer details via letter early August
4. PCN issued to hirer late August 2017
5. The claim is for parking between 9 am and 8 pm in a hospital car park with 3 hours only free parking

I was not the driver of the vehicle and have not made the driver known.
SARS request was responded to without any pictures from the car park, just two pictures of the car being driven along the road.
No NTK was sent and no mention of pofa in the PCN issued.

Any nudge in the right direction will be much appreciated.

Thanks
I was not driving so I do not know the area, I have tried to search google map but

Coupon-mad

Use your imagination and no more than 3 or 4 keywords. Search the forum for:

hire lease witness statement

or something like

driver liability POFA witness

Le_Kirk

A Witness Statement is "in support of your defence as already filed" and is a narrative written in the first person about what happened on the day and subsequently. Only you know that, so effectively only you can write it. You can search the forum, as suggested by Coupon-mad for ideas about layout, style and the specific areas relating to the POC.

simbororo2018

Thanks to all in this forum who provide amazing support and advice. As updated yesterday, I have now received confirmation of the claim struck off.

Details:

Before District Judge......

Upon Considering the court file

IT IS CONSIDERED THAT

1. The claim is struck out for lack of particularity showing no reasonable grounds for bringing a claim.

Another one bites the dust. Thanks everyone. Back to work on my WS

Coupon-mad

If they are similar, include that Order as an exhibit and state that THIS current claim also has no cause of action and is so badly pleaded that it fails to even show how they contend they will hold a lessee/hirer liable, when it is a private lease vehicle with more than one driver insured to drive the car, and the Defendant was NOT the driver, and the Claimant has failed to follow the only applicable law (POFA Schedule 4 paras 13/14).

Show us your WS first. Nice result with the first one!