Civil Enforcement Witness Statement

micramadness

CEL didn't turn up.

I had sent an email soon after the last hearing date, requesting costs and outlining how they had been unreasonable. I received a Hearing notice in the post with no directions so I hadn't done anything else in advance. The judge found it a bit odd that it was a hearing but no form had been completed but she used the email, had looked up the relevant legislation /directives and asked me to outline the case. I stumbled a lot on this, expecting more questions to follow but that was it. She basically explained a lot for the record, agreed they had acted unreasonably and agreed to a day off work (I had asked to consider two as I was now at a second hearing but she wouldn't accept any more submissions). She agreed printing using the stationers receipt I submitted and the fact that no paper bundle had been provided by the claimant, and she allowed 8 hours of my time (less than I asked but by her own admission still generous). Now I just wait for the judgement!

Coupon-mad

Wonderful! That's several hundred quid then!

Please do show us the written judgment.

micramadness

A lot of it being unreasonable came down to short notice of discontinuance (and discontinuance on the original court date - which had been adjourned to the following day) and with no explanation.

I'll post the judgement when I get it :)

micramadness

Here is the judgement, unfortunately I've not seen a penny yet. I'm looking to follow up with the courts and assume a third party debt order is the way to go... Any advice on that? Of course there's now a fee to consider too.

yarpsnehpets

Has the parking operator asked you for your bank details?

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82109934#Comment_82109934

This is great!

Send them an email with your bank details to push them.

micramadness

I emailed when I got the order with bank details, they claimed they didn't have the order then a few days later said they'd received it and asked for bank details - which I sent again.

I chased when we were 22 days from issue date.

I feel like rather than make more threats (their tactic) I should just get on with the next step..?

I can't decide over a warrant of control or third party debt order? Fees are not insignificant though :(

Gr1pr

Email again with a warning of enforcement, ( a warrant of control. ) unless its paid within 7 days, attaching a copy of the court order and adding your bank details again

ChirpyChicken

send an email to abbas.a@creativecarpark.co.uk and tell him in no uncertain terms you will apply for a third party debt order or a warrant of control as you have their bank details and that they will be liable for this additional costs.

and remind him as a solicitor he has a duty as a officer to the court.

micramadness

Oops, just sent email and then checked bank account and it was received on Wednesday!

All done, many many thanks all, couldn't have done it without you.