**DISCONTINUED** Court Claim - Civil Enforcement / - 10-10-2017

[ostell]

Re: Court Claim - Civil Enforcement / - 10-10-2017

Attack their statement of Truth. The claimant states that the defendant parked. As they were not there at the time and the incident was recorded by camera alone the do not know that the defendant parked the car. It is a mistruth to so state, and attack the other statements saying "the defendant did ...". You could state that the defendant was not driving if that is true, you don't need to say who was.

[Bluegerry]

Re: Court Claim - Civil Enforcement / - 10-10-2017

Attack their statement of Truth. The claimant states that the defendant parked. As they were not there at the time and the incident was recorded by camera alone the do not know that the defendant parked the car. It is a mistruth to so state, and attack the other statements saying "the defendant did ...". You could state that the defendant was not driving if that is true, you don't need to say who was.

Thanks. I will add that and it is true. I could not have driven the car. I had a look in my dairy and was in a collegue's car on the way back from Birmingham after a course we attended there...

[OliverJames]

Re: Court Claim - Civil Enforcement / - 10-10-2017

Thanks. I will add that and it is true. I could not have driven the car. I had a look in my dairy and was in a collegue's car on the way back from Birmingham after a course we attended there...

If you use any signed in Google tools on your phone you can show exactly where you were using Google maps timeline (search for that).

You can select the date and it will you exactly where you were at the time of the alleged offence..

Whether or not that would stand up as evidence is beyond me...but worth a look!

[ostell]

Re: Court Claim - Civil Enforcement / - 10-10-2017

You can also get your companion to produce a witness statement stating that you were with him on a course in Birmingham. The people that run the course could also provide a witness statement confirming that your were present. It would seen that they are attempting to take you to court on the asumption that you were driving. Query in your defence whether they are claiming against you as the keeper of the car, which you have admitted, or the driver as it is only the driver that can could have agreed any alleged contract.

[Guest]

Re: Court Claim - Civil Enforcement / - 10-10-2017

It's the claim amount of 236 that's interesting. If they are claiming from you as the keeper POFA provides that the keeper is not liable for any more than was due on the day before the NTK, basically the amount on the NTK.

It is rumoured that CEL will delay the PoC and if the defendant has waited and not acknowledged then CEL go in for a default judgement after the 14 days. Naughty.

You need to realise that many prosecutors are in it to win it, playing " fair" is not in their vocabulary, there is a saying "All''s fair in love & war", to these prosecutors this is war.
It might be naughty but do they care if they win.

[Bluegerry]

Re: Court Claim - Civil Enforcement / - 10-10-2017

You can also get your companion to produce a witness statement stating that you were with him on a course in Birmingham. The people that run the course could also provide a witness statement confirming that your were present. It would seen that they are attempting to take you to court on the asumption that you were driving. Query in your defence whether they are claiming against you as the keeper of the car, which you have admitted, or the driver as it is only the driver that can could have agreed any alleged contract.

It was a one day course and we left early morning for a 9.30 start. I recall we left just after 7am I believe we were back around 19.30 to 19:45 that day due to traffic and stopping for something to eat. (Car per their claim was parked at 19.36) and my colleague dropped me at my house. Was definitely not me parking at this car park but I can't proof exact time of my return as it has been a while ago. I will speak to my colleague.

[Bluegerry]

Re: Court Claim - Civil Enforcement / - 10-10-2017

If you use any signed in Google tools on your phone you can show exactly where you were using Google maps timeline (search for that).

You can select the date and it will you exactly where you were at the time of the alleged offence..

Whether or not that would stand up as evidence is beyond me...but worth a look!

Great idea. Tried to have a look - location history on iPhone only seems to be available from Jan 17... Unfortunately Location History on Google maps turned off! Doh!

[Bluegerry]

Re: Court Claim - Civil Enforcement / - 10-10-2017

You need to realise that many prosecutors are in it to win it, playing " fair" is not in their vocabulary, there is a saying "All''s fair in love & war", to these prosecutors this is war.
It might be naughty but do they care if they win.

Definitely makes me feel that I am currently under attack...

[charitynjw]

Re: Court Claim - Civil Enforcement / - 10-10-2017

Signed witness statements should suffice.
Once you have reliable evidence/alibi, the Claimant would need to rebut it.

Btw, it has been known for parking co personnel to trawl through the various internet fora in order to try & discover how & what is being said &, if poss, to identify specific cases.

I'm not accusing anyone of owt here....just saying, is all......

[Bluegerry]

Re: Court Claim - Civil Enforcement / - 10-10-2017

Signed witness statements should suffice.
Once you have reliable evidence/alibi, the Claimant would need to rebut it.

Btw, it has been known for parking co personnel to trawl through the various internet fora in order to try & discover how & what is being said &, if poss, to identify specific cases.


I'm not accusing anyone of owt here....just saying, is all......

Thanks for the warning. It is obviously all about the money these days. We had a parking fine issue last year where we visited a well know supermarket and apparently overstayed our welcome - my 80 year old mother-in-law rarely gets out and therefore takes her time on a supermarket outing - (I know sad, but true!) they were happy to take our money and shortly afterwards issued us with a huge fine for abusing the virtually empty car park... We managed to get it cancelled... but the attitude towards paying customers left a bad feeling...

[OliverJames]

Re: Court Claim - Civil Enforcement / - 10-10-2017

Thanks for the warning. It is obviously all about the money these days. We had a parking fine issue last year where we visited a well know supermarket and apparently overstayed our welcome - my 80 year old mother-in-law rarely gets out and therefore takes her time on a supermarket outing - (I know sad, but true!) they were happy to take our money and shortly afterwards issued us with a huge fine for abusing the virtually empty car park... We managed to get it cancelled... but the attitude towards paying customers left a bad feeling...

If you haven't already done so, get your complaint in to the CCBC. Details and my draft are in my final post here - http://legalbeagles.info/forums/show...725#post762725

Obviously amend the draft to suit you and make sure you include your evidence (copies...not originals )

[Bluegerry]

Re: Court Claim - Civil Enforcement / - 10-10-2017

Update - I logged on to MCOL as I have not heard anything further on this case and received a notification that the claim against me was discontinued on 28/12/17....

[OliverJames]

Re: Court Claim - Civil Enforcement / - 10-10-2017

That's excellent news!! Congratulations

[charitynjw]

Re: Court Claim - Civil Enforcement / - 10-10-2017

That's excellent news!! Congratulations

One down.......??

Good news, [MENTION=108351]Bluegerry[/MENTION]....Happy New Year present!
[MENTION=49370]Kati[/MENTION] for info & update

[OliverJames]

Re: Court Claim - Civil Enforcement / - 10-10-2017

One down.......??

Alas only 1 down....mine is still pending....

I will call the court this afternoon and see if CEL have paid to progress yet