Civil Enforcement Ltd County Court Business Centre Claim

[Lyat]

I just printed the letter to go to the post office and got the mail...I just received the hearing date which is for the 1st July. All evidence would need to be submitted at least 5 days before which is probably why CEL gave me until the 12th June because I think it will be pushing the time for me to get everything prepared should it go to hearing. I just went with their original date of 12th June but I think I should perhaps change it now to 7th and add a stipulation like

" this is to ensure all evidence is received and prepared in advance of the hearing which has now been set for the 1st of July. "

What do you think?

[Lyat]

Please respond in writing by 10^thJune 2019 by 4 pm as your original date of 12/ 06/ 2019 would delay the matter further as the hearing date has now been set for 1^stJuly 2019 and evidence will be submitted as per the court's deadline.

I added that bit on the end. Going to print now and send...wish me luck!

[Lyat]

So, I'm wondering if there is any format to collating and summiting the evidence ahead of the hearing to court? I believe they call it a bundle but what does it look like and is there a particular order or certain necessary contents required for this?

[charitynjw]

Usually the court will direct you as to submitting evidence.
https://www.justice.gov.uk/courts/pr...rt27/pd_part27
Appendix B - Standard Directions.

[Lyat]

So I called the court today as I was a little unsure why is said I can get the bundle in by no later than 2 working days before the hearing as I was under the impression it was supposed to be 14 days. But the lady told me it was just a preliminary hearing so usually, they don't require evidence for that? I have attached the pages of the letter so you can see what I mean (p3). I am very confused- do I send in evidence or not?? And What on earth am I supposed to do at a preliminary hearing? Is this ever going to end

Also, to make matters worse, the 1st Class signed for letter I sent has not been updated on the royal mail website so I have no idea at all if they have received it but my gut feeling is that they haven't because it would have been scanned to say it had been delivered. Royal mail cannot check its exact whereabouts only tell me when it's been signed for. I am not sure what on earth to do now as it just seems so much more trouble than it's worth!!

[ostell]

The signed for service is Terrible. The last few times I've used it had the same result as you, though I did know it had been delivered. Get your mo ey back from Royal Mail.

I just use the free Certificate of Posting

[Lyat]

wow, so I just received what I think is CEL's bundle? I am very confused because not only did they send me their witness statement with evidence etc, but they also sent me a copy of the exact same bundle. Should I have an original and a copy?

I am also confused as they offered to discontinue and gave me until the 12th to respond, but are now saying I have the next 7 days to pay this new "reduced rate" of £100. Which is it? I still have no confirmation they received my previous letter but I now know there was a backlog due to the bank holiday so mail is only getting places now- still they have not even mentioned their last offer. I am not sure what I am supposed to do now..

[Amethyst]

You declined their offer ( in making a counter offer - the £275 and discontinuance ) so they are simply proceeding with the case, and countering your last offer with a new offer of you paying £100 in F&F ( and dropping the counterclaim one assumes although they don't mention that).

Entirely up to you, if you want to proceed through court, going through the prelim hearing, getting directions, filing & serving your witness statement/evidence, and the hearing of both their claim and your counterclaim ( should be heard together but depends what happens at the prelim), or if you want to drop your counterclaim, pay them £100 and walk away.

charitynjw

[Lyat]

I've just seen a copy of my letter sent to them pinned to the bundle! They received it on the 5th and I guess this is their response. Looks like we're going to court...

[Lyat]

I've emailed them so say I'll drop my counter claim if they put discontinuance back on the table. I told them I'm confident in my case but I'm really not well and don't have the energy for this. If they are willing to drop it I'll drop mine too. Let's see what they come back with but I can't say I've been confident in their responses at any point so far!

[Lyat]

They just called to tell me they'll drop it!! They're discounting so they knew they were in trouble. But it's over now and I can finally breathe.

[Amethyst]

Good plan see what they come back with. lol... crossed posts.... excellent - are they sending the notice of discontinuance ? I know not going ahead with the counterclaim will be a little disappointing but your health and well-being is far more important and for the suns involved it probably isn't worth the amount of effort involved in going through the whole process x

[Lyat]

Good plan see what they come back with. lol... crossed posts.... excellent - are they sending the notice of discontinuance ? I know not going ahead with the counterclaim will be a little disappointing but your health and well-being is far more important and for the suns involved it probably isn't worth the amount of effort involved in going through the whole process x

I couldn't agree more Amethyst and thank you. They sent me a pdf doc which hadn't ticked or copied the court into so i went back to them asking them to copy in the court and ticking the correct boxes with written copies sent to me and the court too. They agreed (although she said they have ticked the boxes it just isn't showing up on the screen...)

Anyway, they cc'd Horsham Court and according to them have posted them a copy too. The hearing directions said docs should be sent to Brighton court as they are dealing with the admin so i forwarded their corrected email to me (in which they had cc'd Horsham) and will just forward them a copy of whatever I receive from them in the post too if I can't get a confirmation from the court on Monday. (Though their automatic response was also clear they wont deal with any emails that aren't about hearings within the next 3 days and instructs you to redirect your email to brighton so that's what CEL ought to have done.)

I am not sure how I am suposed to discontinue my counterclaim but I will call the court to find out on Monday.

I never cared about the money, I still don't. I was just far more disgusted in their behaviour and conduct and cannot believe these cowboys get away with this sort of thing! for anybody who does have a health issue that these companies are exascerbating I suggest you FULLY cover your back and make sure you have support. These companies do not care.

XXX

[Amethyst]

Same way as for the original claim - file and serve a notice of discontinuance - https://www.gov.uk/government/public...discontinuance

You're right to check they have done theirs properly first though

[charitynjw]

Well done for sticking to your guns.
Imho you had them pinned against the ropes, & they knew it.
But as Amethyst rightly says, you health is more important than a p*xy parking dispute, so I reckon discontinue your counterclaim (as long as you're sure they have also discontinued.)
& I reckon you can chalk this one up as a victory......'cos they backed down first!