Rose of York/Civil Enforcement

mezzyd

Another one bites the dust  😁🥳 dismissed without merit!!

Will write more details later, off to celebrate now 😆

mezzyd

CEL didn’t turn up to the hearing & the first thing the judge asked was have you received a witness statement from them as they haven’t submitted one to the court?

Bizarrely she borrowed our copy (although it was pretty much all generalised rubbish). My daughter made all her arguments (POCs inadequate, no evidence of landowner authority, no evidence of signage, bad faith in not cancelling at landowner’s request).

Judge accepted all her evidence, although said that sight of agreement with landowner was not essential, and would dismiss the claim without merit, as then CEL would have no opportunity to resubmit the claim & try another day as they would if it was struck out.

We were disappointed with the costs allowed - £95 for loss of earnings for attendance plus travel expenses- thought she could claim for time spent as a litigant in person but the judge said not.

Thank you so much for all your help with advice & guidance, has helped another person to stand up to the bully boys!

patient_dream

Well done.  It really is stupid to bring a claim and not turn up.

Was it a claim by CEL or a legal

mezzyd

It was CEL

patient_dream

  Amazing, such ignorance but you did get £85 .....  trouble is this is a small claims court so costs are small

Coupon-mad

mezzyd said:

CEL didn’t turn up to the hearing & the first thing the judge asked was have you received a witness statement from them as they haven’t submitted one to the court?

Bizarrely she borrowed our copy (although it was pretty much all generalised rubbish). My daughter made all her arguments (POCs inadequate, no evidence of landowner authority, no evidence of signage, bad faith in not cancelling at landowner’s request).

Judge accepted all her evidence, although said that sight of agreement with landowner was not essential, and would dismiss the claim without merit, as then CEL would have no opportunity to resubmit the claim & try another day as they would if it was struck out.

We were disappointed with the costs allowed - £95 for loss of earnings for attendance plus travel expenses- thought she could claim for time spent as a litigant in person but the judge said not.

Thank you so much for all your help with advice & guidance, has helped another person to stand up to the bully boys!

Yay - very well done! Quite right too.

ANOTHER ONE BITES THE DUST!

You only get more than the £95 capped attendance costs if the Judge finds that the C has acted 'wholly unreasonably' in the course of litigation.

I mean, with this conduct:

- failure to plead the POC with a stated breach, despite the CEL v Chan appeal going against them with that exact same POC, and

- no photos of signs in evidence, and

- no landowner authority in evidence, and

- not turning up for the hearing...

...I'd say that's wholly unreasonable conduct! And that's before you even consider their failure to cancel the charge when their principal wanted them to.

But your judge didn't think so. At least you got attendance costs, which is more than I ever achieved when I lay repped cases. Won them all but never got even basic fixed costs for the Defendants! So well done you two.