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CCJ Set Aside Question

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Comments

  • Brightonrock123
    Brightonrock123 Posts: 34 Forumite
    10 Posts Name Dropper First Anniversary

    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
    Brightonrock123 Posts: 34 Forumite
    10 Posts Name Dropper First Anniversary
    edited 25 March at 10:42AM

    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
    Le_Kirk Posts: 26,134 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper

    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
    Coupon-mad Posts: 160,581 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 25 March at 12:14PM

    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

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thank you, done and sent. I will update if/when I receive a reply.

    Thanks again!

  • Coupon-mad
    Coupon-mad Posts: 160,581 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 26 March at 9:45PM

    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.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Brightonrock123
    Brightonrock123 Posts: 34 Forumite
    10 Posts Name Dropper First Anniversary

    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.

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