HEARING LOST in a PCN dispute

bergantet

Well, I sent by email the WS to CEL and County Court. Has been an odissy to find the email address of the Bromley county court, so I sent to 3 different emails they have. They never answer the phone, a pre recorder voice said: only for urgency stay on hold, for other petitions go to our website... and I dont know what is an urgency for them, but 1h in the phone every time I phone them and no reply at all... Neither was possible to be received in person (covid measures they said)...

I know is not an excuse, but working in two jobs, where one is 12 hours, kids, etc... is difficult to deal with all this matter. I am agree with Jrhys in his post (28 June 2021 at 12:22PM), the entire process is one I would only recommend to people who are able to cope with some level of anxiety and who are willing to dedicate the time and effort to be prepared. The time, effort and stress put into this enormously outweighs and the cost I would have had to pay if I lost the case, etc... is not worthy. The entire system is designed to make it difficult and earn money. 

However I am very grateful with your dedication and help in this website, but I dont have too much hopes for my hearing to be honest. Especially after my disastrous WS ...
I'll keep you updated, and once again many thanks for help me to reach to this final stage.

Umkomaas

Now you've submitted it, I still wouldn't be surprised if even now, CEL discontinues. 

In the court order, CEL were required to pay the hearing fee of £27 by 1 March 2022. You may have covered this previously, but have you checked with the court that this has been paid and on time?  Often they don't pay up, then the whole court process has been accessed for free, placing maximum pressure on the defendant, but when a solid defence and WS is submitted, they discontinue. Plenty of evidence across the forum to support this. A major part of the CEL business model. 

patient_dream

Umkomaas  is spot on 

The business model of CEL is basically all mouth and no trousers. 

They discontinue their cranky claims because they know the courts will spank them and the courts know all about CEL

The sad thing is, CEL are BPA members, and the BPA lost control of their members a long time ago

bergantet

Umkomaas said:

Now you've submitted it, I still wouldn't be surprised if even now, CEL discontinues. 

In the court order, CEL were required to pay the hearing fee of £27 by 1 March 2022. You may have covered this previously, but have you checked with the court that this has been paid and on time?  Often they don't pay up, then the whole court process has been accessed for free, placing maximum pressure on the defendant, but when a solid defence and WS is submitted, they discontinue. Plenty of evidence across the forum to support this. A major part of the CEL business model. 

Many thanks for your help. Unfortunately they the court dont pick up the phone., I've been trying for weeks, even I was there in person but not luck at all.... fingers crossed you are right

bergantet

patient_dream said:

Umkomaas  is spot on 

The business model of CEL is basically all mouth and no trousers. 

They discontinue their cranky claims because they know the courts will spank them and the courts know all about CEL

The sad thing is, CEL are BPA members, and the BPA lost control of their members a long time ago

Thanks for the input, good points all of them.

bergantet

These links could be useful for the ones that are waiting for a zoom hearing:

https://www.youtube.com/watch?v=ayaENNMKSqs

https://www.youtube.com/watch?v=wG700kbAYas

Is a good explanation of how it works. Probably for a pcn is much simply than the videos, but it could give you an idea and help to deal with the stress. 

Mine is tomorrow, I'll let you know how it was.
Cheers

bergantet

Hi all, one question, anyone know if I will be able to ask questions during my hearing?
I have a question that maybe does not mean sense but here I go:
In the CEL WS says that the claimant identify itself as a company which provides car park management and enforcement services to owners of private car park. however, at any point the name of the owner of the land (ABC car parks) is mentioned at all. I assume the car park agreement is with the ABC limited.... or is with CEL? 
Why is not ABC mentioned in the claim?
Can I ask in the hearing a copy of the contract? Can I ask in the hearing why is not ABC mentioned in the WS?
Or is waste time....
Thanks

Jenni_D

Doesn't your defence already aver that the claimant has no contract to enforce the charge, or at least no contract to pursue charges through court in their own name, and the claimant is put to strict proof of the contractual right they claim?

What do you think strict proof would entail? A copy of their contract with their principal of course. So they must produce a copy of it with their witness statement (as long as your defence did have such a statement - and if you used the template defence then it will).

bergantet

Jenni_D said:

Doesn't your defence already aver that the claimant has no contract to enforce the charge, or at least no contract to pursue charges through court in their own name, and the claimant is put to strict proof of the contractual right they claim?

What do you think strict proof would entail? A copy of their contract with their principal of course. So they must produce a copy of it with their witness statement (as long as your defence did have such a statement - and if you used the template defence then it will).

Thanks for the input. You're right

bergantet

Hi all, I saw this morning the following email (it was in junk)

Good Afternoon

I am emailing with regard to your case due to be heard remotely on (Tuesday 29th March 2022) at First Avenue House on behalf of Bromley County Court.  

Your case has been listed but has yet to be allocated a judge. All our cases have been block listed for 10am so please be aware that your case may not start at this exact time.  Once a member of the judiciary is available to take your case a link will be sent to you by a member of our team. If a judge is unable to hear your case by 4pm, we will be in touch to let you know the next steps.  

I kindly ask that you please advise the court as soon as possible if your case has been settled or is close to settling by replying to this email, as this may help us to ensure your case is heard.  

Please do not email asking for a link as the team are reliant on the judiciary notifying them they are free to take the next case.  We appreciate this may be a cause of concern but your continued patience is appreciated. 

N.B. Please send over any bundles for the hearing.

Kind regards,

I am here waiting 1h and 40 minutes and I did not received any link yet.... even checked junk every minute...
I'll keep you updated about the events