CEL in-house claim: hearing & WS help

bagold

We have a Letter Before Action for the exactly the same 'offence' as dicsussed in thread:

https://forums.moneysavingexpert.com/discussion/6626484/defence-review-requested-following-claim-form-was-delivering-meal-to-resident-at-assisted-living

The thread above was for a PCN issued for parking on 5 August 2024 and this one for 5 November 2024. As before my wife was delivering a meal to a resident in a care home and hr car was parked in the care home car park. We have filed a Defence fo the parking on 5 August 2024 and had mediation in which we offered nothing as advised on this forum.

For this claim at Letter Before Action stage should we write back to them? Or wait for CNBC to send a claim again? The date of this Letter Before Action is 15 May 2026. But we received exactly the same Letter Before Action for this same claim dated 19 September 2025 to which we did not reply.

I would appreciate any guidance.

Gr1pr

Its not an offence, just an alleged breach of the parking contract on that private property, hence why plan A should be the first action by anyone, complain, complain, complain

Its your choice to either respond, or ignore, but the newbies sticky thread in announcements states that people should respond with the LoC response template, mainly to confirm the correct address for the service of papers

Then wait for the N1SDT claim form pack from the CNBC in Northampton using MCOL

bagold

We received claim date. During this period my mother had a heart attack and was in hospital for over a month. Short story is I missed the deadline to issue a witness statement (8 June). Are we in trouble now?

@Coupon-mad, Is this reply still valid?

"No, you get ready to put it in now. Easy stuff. Electronic signature in her name will do, Email it to the local court & Gladstones tomorrow before 3.30pm, without fail.

With a copy of the Blue Badge and the other recommended exhibits that the NEWBIES thread post 2 lists for you.

Go and read that section tonight. Now.

It won't take too long, can be done while watching the World Cup games! Use the WS on the thread by JackR1 as your basic resource in terms of style, format and specifically copy his wording about Chan & Akande and about HHJ Moloney & Beavis. With the links.

And of course repeat the main points in the defence such as no signs in the accessible bay area and that the other signs dotted around were inadequate for a disabled person to be expected to see and (when reviewed later, for evidence) they said £85, not £95."

Umkomaas

Do you have a written confirmation from the care home that your wife was there on legitimate business confirming she was delivering a meal for a resident. Very useful evidence should it get as far as a hearing.

By the way, did your wife complain to the care home manager about the ticket? They should have scope to get it cancelled.

bagold

By the way I don't have any record of having received a Witness Statement from the Claimant. Should I have received one?

Then looking at paragraph 7 of WS by JackR1 I cannot refer to their WS:

7. Taking the above paragraphs 3 to 6 into consideration, I find the Claimant’s accusation in paragraph 25 of their Witness Statement baffling, stating that the Defendant "…does not positively deny that the vehicle was parked at the Site for longer than the clearly advertised maximum stay, and advances no coherent alternative explanation consistent with the contemporaneous photographic and ANPR evidence of the overstay."

@kryten3000 Is your reply still valid?

"Both parties work to the same deadline for a WS. If you haven't received one from the claimant/legal rep by the due date then that's usually a good sign.

You should still file your own statement unless you receive a Notice of Discontinuation."

bagold

https://forums.moneysavingexpert.com/discussion/comment/82048335#Comment_82048335

I will refer to Claimant's "Particular of Claim" then instead of their "Witness Statement".

Is there any way to confirm that Claimant has not sent Witness Statement by calling up CNBC?

Just to recall this was where CNBC issued a judgment against my wife (owner of the car). As adviced on this thread we submitted proof of having filed a Defence and the judgment was set aside.

Gr1pr

If you know the hearing fee deadline date, plus if you are both past that date, phone the court tomorrow see if they paid the hearing fee ( is it an in-house claim ? Or are DCB LEGAL involved. ? )

Both parties have the same deadlines

kryten3000

@bagold yes, you should continue without sight of the claimant's statement.

bagold

https://forums.moneysavingexpert.com/discussion/comment/82048351#Comment_82048351

Claimant has to pay trial fee by 14 July. Court date is 11 August.

I just called CNBC to confirm that Claimant has not submitted WS. Unfortunately Defendant is my wife and she is currently abroad, and CNBC cannot tell me without her authorisation.

bagold

https://forums.moneysavingexpert.com/discussion/comment/82048359#Comment_82048359

And then I just refer to their Particulars of Claim and not Witness Statement? But otherwise use template from JackR1.

Coupon-mad

Yes but with all the Defendant's story of what happened, and most of Jack's case law exhibits. Certainly the link to HHJ Moloney's judgment in Beavis.

At the beginning she will introduce herself and say why she was delayed in making this submission but she must also state that she has not been served with the Claimant's Witness Statement either!

Which solicitor and Claimant?