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*URGENT HELP* Appealing Parking Charge taken to court

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  • bargepole
    bargepole Posts: 3,231 Forumite
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    IN THE COUNTY COURT AT XXXXXXX
    CLAIM No: XXXXXXX
    BETWEEN
    CIVIL ENFORCEMENT LTD
    (Claimant)
    -and-

    XXXXXXX
    (Defendant)
    _________________________________________
    WITNESS STATEMENT ON BEHALF OF DEFENDANT

    _________________________________________

    I, [NAME], of [ADDRESS], [POSTCODE], will say as follows:

    1. I am an Occupational Therapy Assistant working for West London Mental Health NHS Trust at Broadmoor Hospital, situated in Crowthorne, Berkshire. I have been the partner of the Defendant for 4 years. She is an upstanding member of society, who also like me, works at Broadmoor Hospital as a Sports and Leisure technical instructor.

    2. On the material date, I was visiting a close friend at his flat, and I parked in a designated visitors parking bay, as instructed by my friend, the owner of the flat. I had visited my friend and parked in the visitors parking bay on numerous occasions before without any issues and there is no information on the signage that displays terms and conditions of visitor parking.

    3. Throughout this ordeal of being pursued and summoned to court, my partner has experienced undue added stress on top of her already stressful and dangerous job.

    Statement of truth

    I believe that the facts stated in this Witness Statement are true.

    Name
    Signature
    Date


    There you are, it wasn't rocket science.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Crabman
    Crabman Posts: 9,943 Forumite
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    Threads merged.
  • bargepole
    bargepole Posts: 3,231 Forumite
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    GiaPetite wrote: »
    Can I also submit my costs at this stage if it goes to court?

    Your costs can be filed and served 24 hours before the court hearing.

    You haven't got time to make any more changes, I would just get these statements printed, signed and in the post.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • GiaPetite
    GiaPetite Posts: 63 Forumite
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    Do I need to add anything else to the witness statement I.E the fact they didn't send a notice to keeper. And will my partner be pursued as the driver?
  • Computersaysno
    Computersaysno Posts: 1,222 Forumite
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    I love this thread......such good entertainment.
  • bargepole
    bargepole Posts: 3,231 Forumite
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    GiaPetite wrote: »
    Do I need to add anything else to the witness statement I.E the fact they didn't send a notice to keeper. And will my partner be pursued as the driver?

    1. No
    2. No idea

    Time's up, get the statements sent off now.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • GiaPetite
    GiaPetite Posts: 63 Forumite
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    Hi again,


    So I was supposed to receive a witness statement from CEL by the 22nd and still haven't received anything. Are they likely to drop it now? Do they have any standing if they decide to pay the court hearing and take it further even though they haven't supplied a witness statement?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Of ocurse they have standing.
    You just ask the court to dismiss the claim as they have no evidnce - as without a WS and bundle they cannot have filed anything

    Call the court
    Ask if they have had a WS and bundle filed by the claimant.,
    Either way, poiint ou t YOU have no been served iwth such, and ask that tihs is noted on the file. To be sure, write a letter to the court.

    As to likelihood of dropping it, if the date to pay has past there is almost no chance they will continue.
  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    Yep write a letter to the local Judge, object to the Claimant's unreasonable conduct from start to finish (you have to spell it out, not just that they have not proceeded, they are allowed not to proceed) and include your costs schedule - hours spent on the case, postage., etc. - and hope the Judge is anti-PPC and that your costs are allowed.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • GiaPetite
    GiaPetite Posts: 63 Forumite
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    Hi guys,

    Just an update to let you know that the court wrote to me to say they have struck out the case as Civil Enforcement didn't pay the court hearing fee. Yay!

    The other thing i'll mention is that before I received a letter from the court, I received one from ZZPS asking now for £180 instead of £350 for outstanding debt. Probably a tactic to get you to think "that's better than it was" and pay. Although i'm not sure why it went back to ZZPS when Civil Enforcement wanted to take me to court. Pathetic!

    Anyway thank you so much for all your help. Couldn't have done it without you guys and I have recommended the people of this forum and website to other people. :)

    Kind Regards,

    A very grateful person!
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