Claim Form defence - Wells next to sea (CEL)

Gravis

Just wondering what are the chances that CEL will discontinue if I don’t do any of the witness statement/evidence part and let this play out? 

My fathers condition has worsened and has been diagnosed with terminal cancer and moved to an end of life care home. Unfortunately I don’t have any time to work on this, when I looked at the example witness statement I knew that this is an equivalent 2000 word essay that will take me hours to complete, I also need to drive back to wells to gather photographs. My head isn’t in the game for it and I’m hoping if I just let it play out CEL will discontinue as 99.9% of the time that do that anyway??

Coupon-mad

You must submit something as a WS or YOU risk being clobbered for hundreds in costs if they carry on and point out that you have breached the orders if the court.  You will appear unreasonable.

Sorry.  You must do what the court says.

Just write a short WS in your own words saying your defence is repeated and here is your account of what happened and some photos of the poor signage from the right year from Google Streetview.

And I'm really sorry to read about your Dad, too.  I've also lost more close family than I can count on one hand, earlier and more than anyone else I know, so I genuinely feel for you.

Gravis

Coupon-mad said:

You must submit something as a WS or YOU risk being clobbered for hundreds in costs if they carry on and point out that you have breached the orders if the court.  You will appear unreasonable.

Sorry.  You must do what the court says.

Just write a short WS in your own words saying your defence is repeated and here is your account of what happened and some photos of the poor signage from the right year from Google Streetview.

And I'm really sorry to read about your Dad, too.  I've also lost more close family than I can count on one hand, earlier and more than anyone else I know, so I genuinely feel for you.

Ok I see, thank you. I nearly didn’t post the last message but I’m glad I did. I’m sure I can write something, it will just be short and sweet but at least allow me to tick that box for the courts.

 It really is awful but I guess there’s no good timing for these things, we just try and sort the things he wants doing and be as comforting as we can. Sorry to read about your losses too. 

Gravis

So i was just curious so went to ce-service . co .uk to see what the charge is and when i put in the vehicle registration and the pcn number it said that the PCN has been cancelled. Is that because its now at court stage or does it actually mean its cancelled?

I am now starting to try and write the WS this evening 

Umkomaas

Is that because its now at court stage or does it actually mean its cancelled?

Who knows?  But if there's a live court claim, you must not let speculation get in the way of that; only confirmation from the CCBC and/or CEL.  CEL are serial 'discontinuers', but you need to seek better 'confirmation' than what you have now.  Check your MCOL history or phone the CCBC. 

Coupon-mad

Take a screenshot and add that as evidence with your WS.

Gravis

this is what ive got so far. Will it be enough? is it in the right type of information to be expected in a WS?



IN THE COUNTY COURT

Claim No.: xxxxxxxxx

Between

CIVIL ENFORCEMENT LIMITED 

(Claimant) 

- and -  

xxxxxxxxxxxxxxxxxxxx

 (Defendant)

____________________

WITNESS STATEMENT FOR HEARING VIA CLOUD VIDEO PLATFORM ON xxxxxxxxxxxxxxxxxxx

____________________

1. I am xxxxxxxxxxxxxxx and I am the defendant against whom this claim is made. The facts below are true to the best of my belief and my account has been prepared based upon my own knowledge. 

2. In my statement I shall refer to exhibits within the evidence supplied with this statement, referring to page and reference numbers where appropriate. My defence is repeated and I will say as follows:

Sequence of events and signage:

1. I was traveling through Wells town centre when my vehicle check engine light started flashing and the temperature gauge was moving into the red. Knowing that a overheating vehicle can cause catastrophic damage to the engine I decided to stop the vehicle in a safe place, where I could seek mechanical advise. Being somewhat panicked I pulled the  vehicle into the nearest carpark which was the Port of Wells car park on xxxxxxxx at approximately 9:30pm.

2. At the time of the incident the carpark didn't have form of lighting to illuminate the signage at the entrance and as such the signs went un-noticed, it is only on a subsequent visit to the carpark that I was able to see how confusing, badly maintained and poorly written the signage is, (see exhibits 01-03), note that there are no contractual terms on offer from this Claimant on the signs.

3.  After parking the vehicle I called my father who advised me to stop the engine immediately and let it cool down before proceeding with the journey. After letting the engine cool for 20 minutes I then left the carpark and continued the journey. At no point did I exit the vehicle.

4. As can been seen from the signage at the the car park in question, it is owned by the Wells Harbour Commissioners and is governed entirely under statutory control  by byelaws, regulations and subordinate rules set out in, (Exhibit 04 - "The Wells Harbour Revision Order 1994"). It is stated clearly by the car park signs which display the authority of such with the wording "BY ORDER OF THE WELLS HARBOUR COMMISSIONERS"

5. Since there is legislation  in place at [Port of Wells car park ] thus this location is not ''relevant land" under the POFA definition, and therefore parking matters incurring a charge or 'penalty fine' can only be pursued by the Harbour Master through the magistrates court. This is outside of the jurisdiction of any private parking company using the small claims track. This view is further supported by the Department for Transport's 2012 Guidance about this section of the POFA.

Gravis

I obviously need to create an exhibit for the "Department for Transport's 2012 Guidance about this section of the POFA", but im unsure which part I should be referencing?

i also should be directing the court to the relevant information in the  Wells Harbour Revision Order 1994 but again im unsure which sections are my saviours?

Gravis

Again I’ll also stress that I’m pretty sure it could be a lot better but it is just a case of getting something submitted. I need to be putting my attentions elsewhere on personal matters at the moment but any help to shape up what I’ve got would be fantastic and greatly appreciated. 

Coupon-mad

You can't use the POFA or the fact it is 'not relevant land' if you are admitting to driving.

Typo here:

mechanical advise.

Remove this:

Being somewhat panicked...

No that's not enough.  For starters, I mentioned this earlier:

Take a screenshot and add that as evidence with your WS.

But your WS doesn't mention the fact the PCN is showing as cancelled.

You also say nothing so far in this draft about the added fake costs.  Copy from WS examples by @jrhys or @Nosy which were good ones last year.

You also don't say anything about Fairlie v Fenton nor have you added if as an exhibit.  Did your defence refer to that case?  You need it.

Search the discussions and filter results to 'newest' on this forum only.

Copy from another WS someone has already written about Wells and Fairlie v Fenton.  Someone will have already done this work last year and it will be there among the search results. 

Don't forget your costs assessment.