another civil enforcemnt ltd court claim

System · 25 June 2018 at 1:38PM

The good news for you is CEL usually drop these along the line, though there are still cases that go to court. Try to hone it down to the issues that are agreed and those that are in dispute.

The issues in dispute will fall into two camps - the ones you know to be untrue, and those you think are. You can kick the untrue ones into touch by providing evidence. Those you are unsure about e.g 3, 6, 7 9, and 12 are the ones you'll be asking a judge to rule on.

3, 6 and 9 you can work on when you get the paperwork. 7 and 9 will come at the end unless you are lucky enough to get information early

Loadsofchildren123 · 25 June 2018 at 2:52PM

atmahifood wrote: »

thanks for the reply Loadsofchildren123,

11. Due to the length of time, the Defendant has little to no recollection of the day in question. It would not be reasonable expect a registered keeper to be able to recall the potential driver(s) of the car 9 months later. The burden rests with the Claimant to identify the driver, who is the only party potentially liable in cases where a parking firm is unable to rely upon the POFA.

12. The Driver was shopping at Homebase and has a receipt as proof of their shopping, there was a delay at the tills and the 14 minutes is within the BPA Code of Practice grace periods which the Claimant must, by virtue of its membership, allow.

Is this ok now. sorry i am not very good with this. i spoke to customer service at the store about this. i will contact them again to try and get this in writing.

Still doesn't quite make sense. You can't say you can't remember (para 11) but then relay exactly what the driver did (para 12)
I'd take out 11 altogether because you aren't saying you can't remember, you're saying the driver shopped at homebase and can produce a receipt!

atmahifood · 25 June 2018 at 3:00PM

thanks. so i will take out paragraph 11 and keep the para 12.?

KeithP · 25 June 2018 at 4:00PM

atmahifood wrote: »

The date is from the case i have copied, my issue date is 25 MAY the date of service should be 30 MAY so i believe the deadline for defence is 27 june?

Yes, you are right.

If you did the Acknowledgement of Service, you have until 4pm on Wednesday 27th June 2018 to file your Defence.

When ready, your Defence should be filed via email as described here:

Once you are satisfied with the content -
1) print your Defence
2) sign it
3) scan the signed document back in and save it as a pdf.
4) send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.

atmahifood · 25 June 2018 at 5:04PM

thanks keithp.

just making sure is the email address ccbcaq@hmcts.gsi.gov.uk or CCBCAQ@Justice.gov.uk

KeithP · 25 June 2018 at 5:10PM

atmahifood wrote: »

just making sure is the email address ccbcaq@hmcts.gsi.gov.uk or CCBCAQ@Justice.gov.uk

Either will do.

atmahifood · 1 October 2018 at 3:13PM

updates: notice of allocation is now received the hearing date is set on 19 October

cel have sent a witness statement about three weeks ago, attached to ws was an offer of £100 to settle this without going to the court. i have phoned the court, they were unable to confirm if the hearing fee is paid.

really stressed now, most of my defence was copy and paste, the points i am clear on is paragraph 12 below and poor signage. i have taken photographs of signage upon entering the car park which i will be uploading soon.

12. The Driver was shopping at Homebase and has a receipt as proof of their shopping, there was a delay at the tills and the 14 minutes is within the BPA Code of Practice grace periods which the Claimant must, by virtue of its membership, allow.

please advise which paragraph i can rely on in my witness statement.

Coupon-mad · 1 October 2018 at 3:19PM

please advise which paragraph i can rely on in my witness statement.

You just need to write the WS as the story of what happened, the facts, and your evidence you are adducing.

Go to the NEWBIES thread, hit control & f and find the word 'witness' in that sticky thread and read the entire section and examples of WS and evidence.

...then show us your planned WS.

KeithP · 1 October 2018 at 4:02PM

Atmahifood, I guess your Witness Statement and evidence is due later this week.

Is that right?

atmahifood · 1 October 2018 at 4:35PM

the hearing is on 19 october 2018 the ws and evidence is due by friday of this week.

just phoned the court now to find out if hearing fee is paid by cel, the adviser on the phone said its a preliminary hearing, only a final hearing need to be paid???

another civil enforcemnt ltd court claim

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