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

[Kati]

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

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

[momorris1980]

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?

[Kati]

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?

It'd be laughable if it hadn't got this far :tinysmile_hmm_t2:

[momorris1980]

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!

[redleg]

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

[mystery1]

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

Always is with DEAL.

M1

[mystery1]

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

[Guineveretoo]

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.

[momorris1980]

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!!

[mystery1]

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

[momorris1980]

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)

[mystery1]

Re: NEW CEL / DEAL - Won

Absolutely include that letter

I do it for fun

M1

[Amethyst]

Re: NEW CEL / DEAL - Won

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)

[mystery1]

Re: NEW CEL / DEAL - Won

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

M1

[Amethyst]

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