CCJ Set Aside Question

Brightonrock123

Thank you for this @Coupon-mad - I can't find any evidence as in proof of payment, I am going to explain the situation that we parked there regularly and have to hope for the best.

I will ensure it is updated with information about Mazur and look into that now, thank you.

Brightonrock123

I have not sent this yet, would this be suitable?

IN THE COUNTY COURT Claim No.: XXXXXX

Between 

CIVIL ENFORCEMENT LIMITED 

(Claimant) 

- and - 

XXXXXX

(Defendant) 

_________________ 

SUPPLEMENTARY WITNESS STATEMENT

1.  I am XXXXXXX, 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. I am a litigant in person with no formal legal training. I have done my best to present my case and evidence clearly and truthfully, and I respectfully ask the court to take this into account. My defence is repeated, and I will say as follows:

Due to my lack of formal legal training, I haven’t included 2 valuable pieces of information in my previous witness statement so would like to add the following items below please:

Supplementary 1.

I arrived at Abbot’s Wood on the morning of 4th September 2023 in a small group of semi regular dog walkers.  As a group we paid for our vehicles. I am confident that there was still the option to pay in cash, as this was during the changeover to cashless parking. We visited in June and the parking machines were still cash option, and my recollection from 2 years ago is that this may have been the case.  I have also attached an image dated June 2023 with signs stating the machines will be updated to cashless. We returned again later in the year and decided not to use the car park as we didn’t have the apps downloaded and didn’t have mobile signal.

However on the day we would have paid by phone to ensure the parking fee was covered.

Preliminary matter: The claim should be struck out 

Supplementary 2. Nevertheless, In a recent High Court judgment in Mazur and Stuart v Charles Russell Speechlys LLP EWHC 2341 (KB). Mr Justice Sheldon’s judgement was that supervision does not transform an unauthorised employee into an authorised litigator. Only those who personally hold the necessary authorisation, or who fall within a statutory exemption, may conduct litigation.

Supplementary 3. Quoting from the claimants witness statement “The claimant believes that the facts stated in this claim form are true and I am duly authorised by the claimant to sign this statement.

Signed Sarah Ensall (claimants legal representative).

The legal assistant, Sarah Ensall is not an authorised litigator by Solicitor Regulation Authority search of the Solicitors Register, and has admitted their conduct of the litigation, in breach of the Legal Services Act 2007. This is further detailed below in the following legal blogs:

§    [Mazur v Charles Russell Speechlys Litigation Supervision] https://www.infolegal.co.uk/mazur-v-charles-russell-speechlys-litigation-supervisionI believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signature: 

XXXXXX

Date: 25/03/2026

Further to this, searching my emails I cannot find anything from Sarah Ensall, however their recent WS last week was signed by David John Croot.

Le_Kirk

Due to my lack of formal legal training, I haven’t hadn't included 2 valuable pieces of information in my previous witness statement so would like to add the following items below please:

I think you should adjust as above. All paragraphs require a number.

Coupon-mad

Remove this unnecessary bit and make the paragraph below it para 2 instead:

"In my statement I shall refer to exhibits within the evidence supplied with this statement, referring to page and reference numbers where appropriate. I am a litigant in person with no formal legal training. I have done my best to present my case and evidence clearly and truthfully, and I respectfully ask the court to take this into account. My defence is repeated, and I will say as follows:"

Remove what you put about Sarah E signing the WS because she didn't. She signed the Claim form.

Just copy wording from another thread that comes up in your results when you search for this (and don't just read the first couple of search results, read a good ten until you find a perfect one):

Sarah Ensall claim form Mazur

Brightonrock123

Thank you, done and sent. I will update if/when I receive a reply.

Thanks again!

Coupon-mad

You won't receive a reply. Hope you sent it to the local court and cc'd in DCB Legal?

Your hearing is soon, I think.

Don't forget to voice the Mazur point first BUT check here the day before … as the appeal of that case is awaiting a written outcome which we expect any week now.

Brightonrock123

thank you again. Yes sent to local court and copied in DCBL.

hearing is due 17th April so hopefully discontinuation notice is sent soon.

I’ll keep an eye on the forum too and update my Skeleton argument to send around a week before.

Thank you sky much again.

Brightonrock123

Feeling quite nervous now as the hearing due next week (14th)

I see the Mazur appeal was upheld @Coupon-mad so this is bad news for this case I assume

Coupon-mad

Just means you don't mention Mazur now. At least it focuses you.

But as it is a poorly pleaded claim from Group Nexus / DCB Legal, you should instead (at the hearing) go for a 1, 2, 3, 4 approach:

Preliminary matters x 2 (make sure you speak FIRST to raise these points):

1. The two appeal cases of Chan and Akande means the whole claim should be dismissed for failure to plead a case that complies with Part 16 of the CPRs. FURTHER AND IN THE ALTERNATIVE:
2. I wish to raise the question of the lack of Rights of Audience of the Claimant's agency rep. ParkingEye v Richie Young (2026)* was exactly like this case in terms of DCB Legal instructing an agency firm. Mr Young also relied in VCS v Langley*

3. If the judge doesn't dismiss the claim or their legal rep, after he/she has spoken you will have to rely on your main defence about what happened / poor signs, faulty payment methods or whatever it was, etc.

4. And if you see it going against you (be aware of the judge's eyes, remarks and body language) then DO NOT FORGET to hammer home that adding £70 is 'double recovery' of the same heads of cost that support the £50 PCN. Refer to HHJ Moloney's full transcript from the first test case hearing in ParkingEye v Beavis and specifically para 3.4*

Also observe that:

• sending a LBC isn't ADR (which is what their WS said!)
• The alleged PCN is £50. It doesn't take £70 to fail to recover £50 on a no-win no-fee basis & enforcement costs - a letter chain - are factored into the £50 already. Even if there were minor costs for the LBC these are covered by the £50 PCN and the Beavis case says so (HHJ Moloney spelt it out)*
  

If you haven't already, you should put in a skelly this week, with Chan & Akande if not already in evidence and also add HHJ Moloney's Cambridge transcript from Beavis, plus VCS v Langley and ParkingEye v Richie Young.

Someone can give you a link to those transcripts, and the last two could stop the Legal rep from being allowed to speak in court. To read about them, just Google them as there have been recent legal articles explaining the relevance.

This is about changing tack - away from Mazur which no longer assists you - but still going in with two solid preliminary matters.

Do NOT agree to a chat with their rep outside beforehand, except to ask one question: "Hello. No I don't need a chat - we'll speak in front of the judge - but please tell me one thing: are you a non-qualified person (not a solicitor or barrister) from an agency firm, maybe Elms Legal or LPC Law?"

Brightonrock123

Thank you so much @Coupon-mad I appreciate it, you’ve been incredible during this process

Yes I’ll work on this and get it emailed over by the morning.

That’s re assuring. I just hope the day goes well as (unless you say otherwise) it feels way too late for them to discontinue now?