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

[momorris1980]

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

right i suppose this weekend i need to get the witness statement done! better put the glass of wine down for now lol

[momorris1980]

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

Hello everyone
Im trying to write out my witness statement now, are there any examples on here especially of dealing with DEAL of how to set them out? any help most apprieciated

[mystery1]

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

https://www.justice.gov.uk/courts/pr...ess-statements


The info is different in each case. If they sent a letter of assignment and it was only 87.5%, include that. Signs, letters, etc etc. If it helps your case, include it.

M1

[momorris1980]

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

only exhibit i have is the email from the co-op saying no knowledge of assignment etc....ive marked it as exhibit 1, ive put in a few paragraphs about not having ANPR on the site (there never was, only 3 vari-focal day night dome cameras which are for co-op security (doors) and cash point field of view purposes.

Im trying to word the paragraph for me saying that CEL/DEAL say in the claim form we stayed for 1 hour 47 minutes yet in the witness statement they say we can have 2 hours free parking, even sending us thier exhibit marked exhibit 1 ...im coming across a bit c*cky so any help in wording it is most appreciated.....

[mystery1]

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

You don't point out the folly in a witness statement. That's in your skeleton argument.

I got letter a from x on xxxxxx. Exhibit a. (no explanation needed in a witness statement)

M1

[momorris1980]

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

roger!!
save it for court then...thanks

[momorris1980]

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

Hi Everyone

We were supposed to have our day in court on friday just gone, but received a Phonecall / letter the day before.

Im unsure of what it now means, its titled :

Standard order for stay for settlement with consent of all the parties.....
gives us 3 options, and the claim is stayed until 1st July

whats our best option...this has been going on for over half a year now and is really starting to drain as its constantly in the back of my mind!

many thanks everyone

[mystery1]

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

Can you scan it up, hiding personal info.

M1

[momorris1980]

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

Yes M1
here it is hope its big enough to view

[mystery1]

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

You have previously filed a DQ haven't you ?

It looks like the judge just wants both parties to agree a settlement or at least attempt to. In an attempt to have something to show the judge i'd contact Deal and offer a "drop hands" approach. (offer that if they drop it nobody owes anyone anything). I would however wait a while to see if they contact you first.

M1

[momorris1980]

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

yes a DQ was filled in, we got that with the first initial court papers, asking if we wanted to provide witnesses or take it to mediation etc?

have there been previous people that this has happened to with DEAL? whats their usual response to these stays?

[mystery1]

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

I'm unaware of it happening to anyone else.

M1

[momorris1980]

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

I have just tried ringing the number on the court paperwork for CEL and DEAL however everything i ring is automated, and only gives me the option to make a payment, not speak or "mediate" with an actual person!
Ive even been on Due Dil to see if there are any company directors and get some names and numbers that way, but its the same automated number that only leads me on to pay!
does anyone have an actual number? im going away for 2 months for work in a couple of weeks to another country and im wanting this sorted before i go...its terrible....should i ring the courts and ask their advice seeing as this standard order for stay thing is stayed until 1 july???

many thanks

[mystery1]

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

Contact the court and ask for a note to be put on your file. See what happens. Also report the claimant being unreachable.

M1

[momorris1980]

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

Today was the day 17th that the judge ordered we do one of the three things on the standard order for stay, i sent in a letter a few days earlier stating we couldnt get in touch with a person from DEAL etc etc to the district judge.

Anyway, had a phonecall this morning from a lady at DEAL out of the blue, nice enough, i said i needed the ANPR evidence before i even contemplated paying a penny to them (bear in mind this is for the Mother in Law and all letters are addressed to her, but they were happily dealing with me over the phone) I said i needed a database entry an image of the number plate and an overview of the car for identification purposes, she said she would speak to her supervisor and ring me back.
6 hours later had a phonecall, saying she had the evidence, i asked her to send it to us, she didnt agree to this,and said the PCN needs to be paid. I corrected her and said its not a PCN and its an actual invoice for a contract we didnt enter into etc and she claimed it was a real PCN that needed paying.
She then said that to put this matter to a close they were willing to accept a one time payment of £130, bear in mind court costs are for £210 and we had a letter since stating it had gone up to £545, i couldnt get my wallet out fast enough to pay it!
damn didnt have it on me, so told her i wouldnt be making a payment over the phone, she said they accept cheques, i said i wouldnt be paying by cheque, as i wont be paying anything, i said i was ready for our court date, whenever the judge decrees it will happen, and we will fight them all the way with the photographic evidence we have (also not bearing in mind the 1 hour 47 mins parking, and the evidence they sent in for 2 hours free parking which i kept quiet!
at this point she said "Well why didnt you tell me this earlier on this Morning, you have wasted ALL MY TIME" i did laugh as she hung up on me ....
anyones thoughts on what will happen next greatly appreciated? will the judge throw it out, if they are calling up on the date of standard order ruling? trying to get a lesser payment? or will it go further?

Many thanks one and all