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CEL County Court Defence

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Comments

  • Le_Kirk
    Le_Kirk Posts: 24,862 Forumite
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    Umkomaas said:
    If you jump through all the hurdles put in your way by CEL, they have a habit of withdrawing. You have to go right up to the wire in most cases, and, as in any game of poker, you have to be ready for a last turn of the hand coming from your opponent - with better cards. 
    That is my problem, I don't have any cards!  No defence for overstaying.  I keep hoping CEL will withdraw, but I'm at  waiting for a court date stage and then will have to submit  a defence and as most hearings are being conducted on the telephone, unless CEL don't pick up I'm going to have to start talking!
    @SportHorse; if you wrote this, you have not read the NEWBIE sticky or you are not waiting for a court date.  If you are waiting for a court date, you MUST have already submitted a defence.  Difficult to know who wrote it as it is included within a quote from @Umkomaas and I cannot image he would have written that.
  • Umkomaas
    Umkomaas Posts: 43,630 Forumite
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    Le_Kirk said:
    Umkomaas said:
    If you jump through all the hurdles put in your way by CEL, they have a habit of withdrawing. You have to go right up to the wire in most cases, and, as in any game of poker, you have to be ready for a last turn of the hand coming from your opponent - with better cards. 
    That is my problem, I don't have any cards!  No defence for overstaying.  I keep hoping CEL will withdraw, but I'm at  waiting for a court date stage and then will have to submit  a defence and as most hearings are being conducted on the telephone, unless CEL don't pick up I'm going to have to start talking!
    @SportHorse; if you wrote this, you have not read the NEWBIE sticky or you are not waiting for a court date.  If you are waiting for a court date, you MUST have already submitted a defence.  Difficult to know who wrote it as it is included within a quote from @Umkomaas and I cannot image he would have written that.
    I didn't write anything after ' ...... with better cards', I think it's just the very awkward way that Quote boxes operate on the forum. I'm constantly having to readjust posts I make, particularly when multiple quotes are in play. Newbies must have even greater difficulties. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Le_Kirk
    Le_Kirk Posts: 24,862 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Umkomaas said:
    Le_Kirk said:
    Umkomaas said:
    If you jump through all the hurdles put in your way by CEL, they have a habit of withdrawing. You have to go right up to the wire in most cases, and, as in any game of poker, you have to be ready for a last turn of the hand coming from your opponent - with better cards. 
    That is my problem, I don't have any cards!  No defence for overstaying.  I keep hoping CEL will withdraw, but I'm at  waiting for a court date stage and then will have to submit  a defence and as most hearings are being conducted on the telephone, unless CEL don't pick up I'm going to have to start talking!
    @SportHorse; if you wrote this, you have not read the NEWBIE sticky or you are not waiting for a court date.  If you are waiting for a court date, you MUST have already submitted a defence.  Difficult to know who wrote it as it is included within a quote from @Umkomaas and I cannot image he would have written that.
    I didn't write anything after ' ...... with better cards', I think it's just the very awkward way that Quote boxes operate on the forum. I'm constantly having to readjust posts I make, particularly when multiple quotes are in play. Newbies must have even greater difficulties. 
    Figured as much!  If one hits the quote button and then tries to adjust the quote before typing into the white space, the system assumes everything else you type after that you want to be in the prior quote!  Like you, it frustrate me as I type without looking to suddenly find all my carefully crafted words are in the wrong place.
  • Le_Kirk said:
    Umkomaas said:
    Le_Kirk said:
    Umkomaas said:
    If you jump through all the hurdles put in your way by CEL, they have a habit of withdrawing. You have to go right up to the wire in most cases, and, as in any game of poker, you have to be ready for a last turn of the hand coming from your opponent - with better cards. 
    That is my problem, I don't have any cards!  No defence for overstaying.  I keep hoping CEL will withdraw, but I'm at  waiting for a court date stage and then will have to submit  a defence and as most hearings are being conducted on the telephone, unless CEL don't pick up I'm going to have to start talking!
    @SportHorse; if you wrote this, you have not read the NEWBIE sticky or you are not waiting for a court date.  If you are waiting for a court date, you MUST have already submitted a defence.  Difficult to know who wrote it as it is included within a quote from @Umkomaas and I cannot image he would have written that.
    I didn't write anything after ' ...... with better cards', I think it's just the very awkward way that Quote boxes operate on the forum. I'm constantly having to readjust posts I make, particularly when multiple quotes are in play. Newbies must have even greater difficulties. 
    Figured as much!  If one hits the quote button and then tries to adjust the quote before typing into the white space, the system assumes everything else you type after that you want to be in the prior quote!  Like you, it frustrate me as I type without looking to suddenly find all my carefully crafted words are in the wrong place.
    Yes my mistake, I didn't realise until I had posted, sorry for any confusion.
    Again apologies, I should have said Witness Statement and Evidence.  Believe me I have read the Newbies Thread many times whilst wading through this process, it's invaluable.

  • SportHorse
    SportHorse Posts: 34 Forumite
    10 Posts First Anniversary Name Dropper
    edited 11 May 2022 at 5:20PM
    Good Afternoon, brief synopsis, CEL parking ticket issued June 2019.  CEL issued court proceedings August 2020. My defence submitted September 2020. Notified of court assigned to hear the case January 2021.  No court date received yet.

    1.  Can I request court hearing case be moved as son no longer in Scotland now in Hertfordshire.
    2.  Are the courts this far behind following COVID or can I dare to hope this has all gone away.  Is it worth calling the court           currently assigned to see if CEL have dropped their claim or should I just continue to wait and not poke the tiger?


  • Coupon-mad
    Coupon-mad Posts: 154,541 Forumite
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    Surely the hearing wasn't assigned to Scotland? Different court system. 

    You are the Defendant, or son?

    Does the court and Claimant hold the right address?  I hope the D hasn't got a CCJ like someone last week, who didn't tell the court they moved?


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  • SportHorse
    SportHorse Posts: 34 Forumite
    10 Posts First Anniversary Name Dropper
    My son is the defendant, I am fighting it for him in his name.  Registered address hasn't changed just where he is working  Court and claimant have the right address although neither have written in a long time. 
    The hearing wasn't assigned to Scotland for the reasons you state.  However, I requested a court close to Scotland and got Newcastle Upon Tyne.  Now he is in Hertfordshire, Newcastle is a long way to go!
  • Coupon-mad
    Coupon-mad Posts: 154,541 Forumite
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    edited 11 May 2022 at 5:45PM
    On balance I think son should email his new address and ask for the proceedings to be transferred for new directions.  I wouldn't want a dormant court case hanging forever.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • SportHorse
    SportHorse Posts: 34 Forumite
    10 Posts First Anniversary Name Dropper
    Thank you I will send an email to the courts advising them and request a change of venue. 

    Should I also advise CEL?  The car will be insured at his new address, currently insured at family home address so no chance of missing any correspondence, I'd rather not tell CEL anything unless I am required to?
  • Coupon-mad
    Coupon-mad Posts: 154,541 Forumite
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    You must copy in CEL and confirm as well that the current address for service stands, because it's the family home where the D can reasonably be contacted, regardless of where he is placed for work.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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