CEL witness statement

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Hi all,
First of all I want to say thank you for everyone here that helps and contributes, it has helped greatly especially the newbie thread (anyone reading this post in the future go read the newbie thread first!) we've managed to get this far using just the newbie threads and the links on it but have had to finally make a thread now.

The keeper has been in a battle with CEL over a parking ticket for the past year and a bit, a general form of judgement was sent last month stating the claim has gone to local court and that witness statement has to be sent by middle of this month. The date for the witness statement to be sent has passed by a couple of days now and the keeper has not received anything from CEL, does this mean that they probably will not be continuing this case?
Also, has there been any change to court hearings due to covid or would they all be postponed until after this is all over?

Thanks in advance

KeithP

Have you filed and served your Witness Statement, evidence and Summary Costs Schedule?

D_P_Dance

Also, has there been any change to court hearings due to covid ...

Yea, read some cases here during the last 2/3 weeks 

Umkomaas

Have you submitted your WS? 

You can email the court to state that CEL have failed to meet the deadline, but it's unlikely to see the claim crash - unusual times and all that. 

There is no official line on where the courts are regarding hearings, but some recent cases have been offered 'on the papers' or telephone conference (audio) hearings. But no pattern or anything definitive have yet emerged. 

Do you have a court hearing date set?

Fruitcake

The answer to your last question is, probably yes. You may be asked to have the hearing held on papers only, which you should robustly reject as you will not have the opportunity to ask questions or challenge evidence.
You may be asked to have a private hearing by 'phone. We have heard of only one of these and it was a disaster for the defendant. The judge admitted they hadn't read some of the defence. The defendant claimed there was no contract with the landowner and the judge dismissed this point even though the scammers hadn't proved one existed.

Given the choice you either want a dismissal for abuse of process if the scammers have added fake amounts, or a postponement so you can have a public hearing when the restrictions are lifted.

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP, 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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

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

Coupon-mad

The date for the witness statement to be sent has passed by a couple of days now and the keeper has not received anything from CEL, does this mean that they probably will not be continuing this case?

Email the named Judge and point out that the Claimant has failed to comply with court deadlines, even though you have managed to do so as a litigant in person, and as such, you ask that the court uses its cases management powers to strike the claim out due to:
- woeful particulars of claim showing no detail about the contract or alleged breach
- adding a sum of £60 that they know is an abuse of process (all parking firms are aware of this now)
- failing to keep to court deadlines for witness statement and evidence.

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KeithP said:

Have you filed and served your Witness Statement, evidence and Summary Costs Schedule?

WS and evidence have been sent, but not the summary of costs as read somewhere on newbie thread to have that ready to take to court on the day of hearing to give to judge if the case is won.
 Umkomaas said:

Have you submitted your WS? 

You can email the court to state that CEL have failed to meet the deadline, but it's unlikely to see the claim crash - unusual times and all that. 

There is no official line on where the courts are regarding hearings, but some recent cases have been offered 'on the papers' or telephone conference (audio) hearings. But no pattern or anything definitive have yet emerged. 

Do you have a court hearing date set?

WS has been submitted with evidence. No court hearing date set yet. 
I'll leave it for a few more days and see if anything does come from CEL before emailing the court

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Fruitcake said:

The answer to your last question is, probably yes. You may be asked to have the hearing held on papers only, which you should robustly reject as you will not have the opportunity to ask questions or challenge evidence.
You may be asked to have a private hearing by 'phone. We have heard of only one of these and it was a disaster for the defendant. The judge admitted they hadn't read some of the defence. The defendant claimed there was no contract with the landowner and the judge dismissed this point even though the scammers hadn't proved one existed.

Given the choice you either want a dismissal for abuse of process if the scammers have added fake amounts, or a postponement so you can have a public hearing when the restrictions are lifted.

Yeah definitely won't be having it over the phone or on papers, can see that going terribly wrong.Coupon-mad said:

The date for the witness statement to be sent has passed by a couple of days now and the keeper has not received anything from CEL, does this mean that they probably will not be continuing this case?

Email the named Judge and point out that the Claimant has failed to comply with court deadlines, even though you have managed to do so as a litigant in person, and as such, you ask that the court uses its cases management powers to strike the claim out due to:
- woeful particulars of claim showing no detail about the contract or alleged breach
- adding a sum of £60 that they know is an abuse of process (all parking firms are aware of this now)
- failing to keep to court deadlines for witness statement and evidence.

Thanks, will do that in a few days just in case something does come from CEL seeing as it was bank holiday this weekend.

One other question, just realised that the court where this is happening only has an enquiries email address on their website, which is where the WS was sent to. Email did have the case number in subject but is this the right place to send it or is there another email for address for WS similar to the one where DQs are sent?

Coupon-mad

You can't email a WS and evidence to court, bcause they won't print it out for you.

KeithP

TicketsTicketsTickets said:

One other question, just realised that the court where this is happening only has an enquiries email address on their website, which is where the WS was sent to. Email did have the case number in subject but is this the right place to send it or is there another email for address for WS similar to the one where DQs are sent?

No idea without knowing which court.