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Cel ltd - county court claim

2

Comments

  • bubsxo
    bubsxo Posts: 11 Forumite
    Thankyou tboo, will get that corrected now, unsure why it reverted back to the one I used as a draft.

    Coupon-mad - do you mean this? or is there some extra bits I should add regarding that. Had a lot on the past few days so only had a chance to have a quick look into the bit you mean.

    No standing - this distinguishes this case from the Beavis case:
    It is believed Civil Enforcement do not hold a legitimate contract at this car park. As an agent, the Claimant has no legal right to bring such a claim in their name which should be in the name of the landowner.

    Again, thanks for all your help.
  • Coupon-mad
    Coupon-mad Posts: 131,629 Forumite
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    Yes that'll cover it.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • bubsxo
    bubsxo Posts: 11 Forumite
    Hi guys,

    Just looking for abit of advice about this still.

    I submitted my defence and according to the money claim site it was received on the 11th of December.

    I then received a letter from HM courts & tribunal services (dated 11th December) stating -

    "I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimants solicitor) They claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

    Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the clamant can then take will be to apply to a judge for an order lifting the stay."

    Thats all it says, its not signed by anyone or anything. Obviously I cannot be sure of the exact date they served a copy of my defence to the claimant. If you go from the date they received my defence and sent me that letter, it's been 34 days, so I'm guessing the 28 day limit for them to contact the court is up already? or if not yet soon?

    I haven't heard anything at all from the claimant, or the courts, and the website where I acknowledged the claim originally hasn't been updated so unsure what to do from here/what to expect?

    Any advise is appreciated, thank you.
  • Coupon-mad
    Coupon-mad Posts: 131,629 Forumite
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    Ring the CCBC and ask if the case has been stayed due to no action by the Claimant or whether Directions Questionnaires have been sent out?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
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  • bubsxo
    bubsxo Posts: 11 Forumite
    I rang them yesterday and funnily enough they said a directions questionnaire will be sent out, which I received today. how do I proceed? I've looked at the newbie section but not sure what happens now. due to severe anxiety id really rather avoid having to go to court but its looking this way now?
  • Coupon-mad
    Coupon-mad Posts: 131,629 Forumite
    Name Dropper First Post Photogenic First Anniversary
    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
  • KeithP
    KeithP Posts: 37,628 Forumite
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    bubsxo wrote: »
    I rang them yesterday and funnily enough they said a directions questionnaire will be sent out, which I received today. how do I proceed?
    Didn't item 7 in the list in post #3 above answer that?

    Here it is again:
    7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.
  • bubsxo
    bubsxo Posts: 11 Forumite
    Recieved a court date of the 5th of August. Cel have until July to pay £25 or it will be struck out.

    I have to have a witness statement in by next week.

    Any advice?
  • KeithP
    KeithP Posts: 37,628 Forumite
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    bubsxo wrote: »
    Any advice?
    Yes, write a Witness Statement and gather you evidence together by next week.

    As you might've guessed, there is comprehensive guidance on how to do that in post #2 of the NEWBIES thread.
    You have already been given links to the NEWBIES thread.
  • Coupon-mad
    Coupon-mad Posts: 131,629 Forumite
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    bubsxo wrote: »
    I have to have a witness statement in by next week.

    Any advice?
    There will be, when you show us your draft WS and evidence!

    Writing a WS is easy; here is Johnersh explaining it (he is a solicitor):

    https://forums.moneysavingexpert.com/showthread.php?p=75686250#post75686250

    Then you tailor your evidence to the case and add into the WS, references to the evidence by number. So where you talk about signage, you can mention the exhibit number for your photos, etc.

    The NEWBIES thread gives you clear tips on what to field as evidence - so read it again!
    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
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