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NEW CEL / DEAL - Unwon - but going to....

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  • #16
    Re: NEW CEL / DEAL debt letter after sending in witness statement for Small claims co

    Originally posted by momorris1980 View Post
    Hi Kati

    thanks for your reply, i only have post 3 thumbnail 2 which states she was parked there from 13:05 to 14:52....there is no mention anywhere else...just the exhibit they have sent as a reply to my witness statement...which is laughable if it wasnt so serious!

    thank you for your message
    This one??



    Paragraph 3, 3rd sentence:
    The operators recorded the defendant's vehicle, registration number XXXXXX entering the car park 19/03/2013 at 13:05 and departing on 19/03/2013 at 14:52.
    That's a grand total of 1 hour and 47 minutes from entry to exit
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

    Comment


    • #17
      Re: NEW CEL / DEAL debt letter after sending in witness statement for Small claims co

      Yes Kati

      Thats the line, i dont have any other stuff from them as the earlier letters were binned. Surely the exhibit alone proves they dont even have a case if they paid the court fees?

      Comment


      • #18
        Re: NEW CEL / DEAL debt letter after sending in witness statement for Small claims co

        Originally posted by momorris1980 View Post
        Yes Kati

        Thats the line, i dont have any other stuff from them as the earlier letters were binned. Surely the exhibit alone proves they dont even have a case if they paid the court fees?
        It'd be laughable if it hadn't got this far :tinysmile_hmm_t2:
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle

        Comment


        • #19
          Re: NEW CEL / DEAL debt letter after sending in witness statement for Small claims co

          Thing is it took me 2 to 3 hours of sitting there reading it all before i finally clicked and posted it this morning ha ha, if they hadn't sent the exhibit id still be none the wiser....and poster bradford1956 i think in another post has just realised he is in the same boat and was only there 1 hour 54 minutes on DEALs paperwork!

          Comment


          • #20
            Re: NEW CEL / DEAL debt letter after sending in witness statement for Small claims co

            Kati & M1,
            Just an observation but the solicitors name on the claim form from CEL/Deal is no other than the mysterious Mr Shwarts.
            You know the one
            http://parking-prankster.blogspot.co...truck-out.html

            Comment


            • #21
              Re: NEW CEL / DEAL debt letter after sending in witness statement for Small claims co

              Originally posted by redleg View Post
              Kati & M1,
              Just an observation but the solicitors name on the claim form from CEL/Deal is no other than the mysterious Mr Shwarts.
              You know the one
              http://parking-prankster.blogspot.co...truck-out.html

              Always is with DEAL.

              M1

              Comment


              • #22
                Re: NEW CEL / DEAL debt letter after sending in witness statement for Small claims co

                http://www.legalbeagles.info/forums/...ement-of-truth

                A letter/email to see if your local court is interested in stopping claimants take the mick out of them.

                M1

                Comment


                • #23
                  Re: NEW CEL / DEAL debt letter after sending in witness statement for Small claims co

                  I have had a witness statement identical to the one above, except with different dates and times in it. It even has the same misspelling of "belive" in the signature. it doesn't even say which car park I am supposed to have parked in (I am in London, and have never driven in Manchester), and the "exhibit 1" is identical, too, so clearly cannot be evidence of the signs supposedly up at the carpark I am supposed to have parked in. But they trying to charge me £115 for drafting the statement!

                  I cannot afford a lawyer, but desperately need some advice as to how get through this, as I am concerned that I will mess it up and get an order against me by doing or saying the wrong thing, or by not doing anything and letting them get away with this.

                  My court date is 24 April.

                  Comment


                  • #24
                    Re: NEW CEL / DEAL debt letter after sending in witness statement for Small claims co

                    Hi all

                    Had a letter friday saying it had been struck out of court!!
                    obviously DEAL didnt pay the court fees......

                    thats the end of that then!! thanks again everyone,

                    just shows that last letter from them for £545 is a last ditch attempt to get some cash from you before the courts throw it out

                    take care fellow beagles!!

                    Comment


                    • #25
                      Re: NEW CEL / DEAL - Won

                      I'd write to the court and ask for costs.


                      "In the County Court at xxx

                      ~~ To be put before procedural judge ~~

                      In the matter of

                      Deal v XYZ
                      Claim Number XXX

                      Dear Sir or Madam,

                      I have been advised by the court on xxxxx that the listed hearing for this claim was vacated and I understand that this is due to the Claimant's failure to pay into court the hearing fee. This will be taken to be a discontinuance.

                      CPR r.38.6 states that the claimant is liable for the defendant's costs after discontinuance (r.38.6(1)) but that this does not apply to claims allocated to the small claims track (r.38.6(3)). However, the white book states (annotation 38.6.1): "Note that the normal rule as to costs does not apply if a claimant in a case allocated to the small claims track serves a notice of discontinuance although it might be contended that costs should be awarded if a party has behaved unreasonably (r.27.14(2)(d))." I believe it should actually refer to r.27.14(2)(g) as that is the rule which allows the court to award costs for unreasonable behaviour.

                      On this basis I would like to request a costs order to be made against the Claimant given that DEAL has behaved unreasonably by discontinuing this claim, and also by not submitting any evidence/witness statement in support of their claim other than their claim form, and by not serving me with a copy of their Directions Questionnaire contrary to the court order.

                      The Defendant had significant costs to prepare the Defence and prepare attendance of the hearing and the costs claimed are as follows:

                      (explain any expenses here).

                      Yours faithfully,

                      XYZ
                      Defendant"

                      This won't guarantee you anything but it is worth a shot, and as long as you're not taking the p##s with what you're claiming you may have a friendly judge who gives you a costs order.

                      £18 per hour is the litigant in person. £190 was awarded to 1 person.
                      http://parking-prankster.blogspot.co.uk/2015/03/prankster-runs-out-of-deal-headlines.html

                      M1

                      Comment


                      • #26
                        Re: NEW CEL / DEAL - Won

                        Hey many thanks Mystery
                        you go way over and above what you have to, myself and im sure many others really appreciate what you do to help us all, your knowledge is second to none in this whole thing and very reassuring to people like myself who have never been through this whole thing before, you take away a lot of the fear for people too!!

                        I will try this, and would you say 10 hours at £18 an hour is alright?...plus bear in mind the last ditch letter for £545....would you say thats unreasonable behavior knowing they were not going to pay?...

                        if i did get anything back, id be sure to send you some across, at least to get yourself a nice bottle of wine or a nice bottle of whisky (im making a lot of assumptions here ha ha)

                        Comment


                        • #27
                          Re: NEW CEL / DEAL - Won

                          Absolutely include that letter

                          I do it for fun

                          M1

                          Comment


                          • #28
                            Re: NEW CEL / DEAL - Won

                            Originally posted by M1
                            However, the white book states (annotation 38.6.1): "Note that the normal rule as to costs does not apply if a claimant in a case allocated to the small claims track serves a notice of discontinuance although it might be contended that costs should be awarded if a party has behaved unreasonably (r.27.14(2)(d))." I believe it should actually refer to r.27.14(2)(g) as that is the rule which allows the court to award costs for unreasonable behaviour.
                            So you found the text from the white book and it is wrong?

                            ( just I'd like to use this for the passport cases discontinued after bundles)
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #29
                              Re: NEW CEL / DEAL - Won

                              Nobody seems able to answer so i'll just go with it

                              M1

                              Comment


                              • #30
                                Re: NEW CEL / DEAL - Won

                                2012 white book - https://books.google.co.uk/books?id=...page&q&f=false

                                has this in ( page 1160 )



                                and a bit about unreasonable behaviour & costs. 27.14(2)(g) did exist then so it must just be a typo. Might have been picked up in 2012 and corrected in later versions but the 2012 seems to be the latest on t'interweb ?

                                ( also LIP costs seem to be going up to £19 in April under the 78th update to CPR )
                                http://insurance.dwf.co.uk/news-upda...-claims-track/ might be useful
                                Attached Files
                                Last edited by Amethyst; 8th March 2015, 21:07:PM.
                                #staysafestayhome

                                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                                Received a Court Claim? Read >>>>> First Steps

                                Comment

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