Ccj and defence

Umkomaas

shortysky said:

So I have completed the form and going to email it later on. Is there no way of getting the claim cancelled through the mediation in giving them the points of your WS ? Or will they just say no. I’m just hopping I have a good enough case to win. Even if it wasn’t dark signs would still be hard to see with cars all lined up on the street. Guess I just have to hope for the best. 

Mediation is a waste of time. In fact it is not designed to provide opportunity for cancellation - that's purely in the domain of the claimant, or the court if it decides in your favour. 

I'm afraid you are in for the long game and need to go through each of the processes. The claimant may at a later stage decide to discontinue, but you cannot afford to bank on that. Your goal must be to have a Judge find in your favour. 

shortysky

Umkomaas said:

shortysky said:

So I have completed the form and going to email it later on. Is there no way of getting the claim cancelled through the mediation in giving them the points of your WS ? Or will they just say no. I’m just hopping I have a good enough case to win. Even if it wasn’t dark signs would still be hard to see with cars all lined up on the street. Guess I just have to hope for the best. 

Mediation is a waste of time. In fact it is not designed to provide opportunity for cancellation - that's purely in the domain of the claimant, or the court if it decides in your favour. 

I'm afraid you are in for the long game and need to go through each of the processes. The claimant may at a later stage decide to discontinue, but you cannot afford to bank on that. Your goal must be to have a Judge find in your favour. 

Ok, so once I send this form I wait for them to ask for my WS and then do CEL get a copy of it? And then they may decide to drop out. Is it a good or bad idea to put other people online that have been issued tickets there and I’ve seen people win second appeals. Obviously not putting in peoples names and details. I’m just going to start collecting all my evidence. I was wondering if I could get in touch with pizza express head office to see who owned that part of land. As I was parked in the prt of land not stated in CEL letter. Roughy how long will it be before I get to the WS stage and hearing date? Thank you

Umkomaas

Please follow the NEWBIES FAQ sticky, second post, where all of the process questions are answered. Keep following the processes and deadlines for your case and there's a possibility that CEL might discontinue. We can't give guarantees, but it has been seen previously. 

By all means gather whatever evidence you think might help, keep it on file, then we'll look at it when you get to put together your WS.

Always a good strategy to attempt to involve the landowner.

You might be some months away from your hearing date, depends on which court and what their caseload is like. 

Redx

Mediation never gets it cancelled , the mediator either wants a compromise by both sides , or one to pay the other , they do not adudicate

A landowner cancellation is the best option for any cancellation

Chances are that the claimant wants the amount listed on the court claim

Just stick to the process and stop looking for an easy out , let a proper judge decide , bearing in mind that the claimant can pull out and discontinue at any time anyway. CEL do that a lot !! Discontinue

shortysky

Redx said:

Mediation never gets it cancelled , the mediator either wants a compromise by both sides , or one to pay the other , they do not adudicate

A landowner cancellation is the best option for any cancellation

Chances are that the claimant wants the amount listed on the court claim

Just stick to the process and stop looking for an easy out , let a proper judge decide , bearing in mind that the claimant can pull out and discontinue at any time anyway. CEL do that a lot !! Discontinue

I’m not looking for a easy way out! I’m looking to get on with my stuff without all this extra stress. I’m no push over I just need it out the way! Just have to see how it goes. I’m sure they seen me as weak when I updated my address as they bombarded me soon as I did that. It’s good to know they can drop out though. 

shortysky

Umkomaas said:

Please follow the NEWBIES FAQ sticky, second post, where all of the process questions are answered. Keep following the processes and deadlines for your case and there's a possibility that CEL might discontinue. We can't give guarantees, but it has been seen previously. 

By all means gather whatever evidence you think might help, keep it on file, then we'll look at it when you get to put together your WS.

Always a good strategy to attempt to involve the landowner.

You might be some months away from your hearing date, depends on which court and what their caseload is like. 

Yea I have been reading it as I get to each stage, no point reading it all at once as I will forget it all. Will get to work on my evidence and defence. How would I find out who owns that bit off land outside pizza express? Would it be pizza express or someone else? 

Umkomaas

How would I find out who owns that bit off land outside pizza express? Would it be pizza express or someone else? 

How would I know?  Why not start by asking Pizza Express?

Coupon-mad

Mediation = no, no, no, no, no and more no.

Redx

Or ask the land registry , or the council , you have to do your own detective work

This won't end for months , so what I am saying is be prepared because it could be several months before the hearing. The wheels of justice turn very slowly , especially in a pandemic !!

Ps , you won't be working on your Defence , it's already been filed with the court !! Over and done with

You work on your witness statement plus exhibits , plus complaining to the landowner

Le_Kirk

shortysky said:

So I have completed the form and going to email it later on. Is there no way of getting the claim cancelled through the mediation in giving them the points of your WS ? Or will they just say no. I’m just hopping I have a good enough case to win. Even if it wasn’t dark signs would still be hard to see with cars all lined up on the street. Guess I just have to hope for the best. 

No, you don't need to hope for the best, you have completed a (robust hopefully) defence and will write a sound witness statement with evidence that backs up and supports your defence; that is what makes it "go away".

shortysky said:
Yea I have been reading it as I get to each stage, no point reading it all at once as I will forget it all. Will get to work on my evidence and defence. How would I find out who owns that bit off land outside pizza express? Would it be pizza express or someone else? 

You must have done your defence, otherwise you would not have received a DQ.  You cannot modify your defence now.