CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

[jaisonix]

Re: CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

So my actions need to be as following today:

1. I will fill out N244 with order:

"To set aside 'General Judgement Order' N24 received from Wandsworth CC Dated 31st July 2014 under Part 23 rule 10"

And under question 10 supporting information i should add 'Witness Statement' that CEL have refused payment. What about 'The Statement of Case' or 'The Evidence Set Out in the Box Below' - which one includes my original defence? Where can i add additional points such as DEAL/CEL inconsistencies, complete innacuray on the BEAVIS case, that it is still pending, additional points? What is the basis of my asking to stay this order - that my defence was not heard?

2. Making a payment to DEAL sounds like a bad idea - judgment was made for CEL, and i am unable to pay CEL

3. If and after judgment is stayed, do i need to fill out an appeal? Or wait to see if there's a hearing on the basis of N244?

Regarding payment and submission, in your view - i should submit my judgment order by email (maybe registered post also) and then pay the fee over the phone to Wandsworth? Thank you

[mystery1]

Re: CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

1. All evidence goes in the evidence box.

1. Witness statement.

2. Supreme court webpage printout.

3. Skeleton argument.




Witness statement

Covers the payment attempt as well as getting the claim, the defence etc


https://www.supremecourt.uk/cases/uksc-2015-0116.html

Skeleton argument will explain why a summary judgement was an error in fact and/or law. A good place to get material on the major error (supreme court is a major error unless the judge thinks that it's a waste of time, lol) https://civillitigationbrief.wordpre...er-disclosure/

M1

[mystery1]

Re: CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

CASE: [number]
IN THE Wandsworth county court
BETWEEN
[Party A]


-v-


[Party B]


SKELETON ARGUMENT OF THE DEFENDANT


Preliminaries

This is an application made under an Application Notice dated [date] of the defendant, Party A, for set aside of summary judgment on the claim for damages in the sum of £130 plus costs, a total of £215
.
The issue before the Court is whether the Judge was correct to grant summary judgment on their own motion such that judgment is entered in its favour on the Claim.


The causes of action of the claimant are breach of contract or damages for trespass.


The Court should have received the Application Bundle lodged by the defendant, which contains:


Application Notice dated [date]
Draft Order
Claim Form
Particulars of Claim
Defence
Witness Statement of [name] dated [date]
Exhibit [reference] to the Witness Statement of [name] (Tab 9);


The Law
The jurisdiction to grant summary judgment is set out in the CPR 24.2:
“The court may give summary judgment against a claimant or defendant on the whole of a claim or on a particular issue if –
(a) it considers that – (i) that claimant has no real prospect of succeeding on the claim or issue; or(ii) that defendant has no real prospect of successfully defending the claim or issue; and
(b) there is no other compelling reason why the case or issue should be disposed of at a trial.”
To resist an application for summary judgment, therefore, the Claimant/Respondent must show that there is a real prospect of succeeding on the claim.
Numerous authorities have made clear that the Court will not conduct a ‘mini-trial’ at the summary judgment stage (see for example Swain v Hillman [2001] 1 All ER 91 per Lord Woolf MR), and the task before the Court is not to weigh up the merits of the parties’ arguments, but rather to assess whether there is an ‘absence of reality’ in the Defendant’s case (per Lord Hobhouse in Three Rivers DC v Bank of England [No 3] [2001] 2 All ER 513).

The Facts


In summary, the Claimant alleges that the defendant parked in a private car park and agreed to pay £90 for the right to do so.


The Defendant contends that they did not agree to pay £90 and the charge is a penalty, there was no contract with the claimant and that the claimant had no right to enter a contract anyway as they did not possess adequate rights to the land as well as the charges being unfair under consumer law.



Submissions


The court says that the case is unwinnable by the defendant on the grounds that:

The appeal court in Parkingeye Ltd v Beavis [2015] EWCA Civ 402 (23 April 2015) held the charges were socially acceptable.

That however is not the whole story. Parkingeye Ltd v Beavis [2015] EWCA Civ 402 (23 April 2015) is currently awaiting the decision of their lordships in the supreme court. The case was heard in July 2015 and the decision was reserved. It is clearly not fanciful that the defendants will win or the decision would have been immediate. The mere fact that permission to appeal was granted signifies that the prospect of winning is real.

In any event, it is submitted that in Beavis the case was about an overstay whereas this case is presented as non payment of an agreed contractual charge. This was the case in 3YK50188 (AP476) On Appeal from Watford County Court. Civil Enforcement Limited v Kerry McCafferty. (21/02/2014 Luton County Court). Mr Recorder Gibson QC where the charges were dismissed as penalties.


Conclusion


For all these reasons, Summary Judgment should be set aside as the prospects of success are real and not fanciful




Something along those lines.

M1

[jaisonix]

Re: CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

SKELETON ARGUMENT OF THE DEFENDANT

M1

Thank you for your effort on the Skeleton Argument, i have now filled all in, but i am not confident they are correct as Witness Statement and Skeleton Argument seem to duplicate, have i done it wrong? As i put my defence point on Witness statements

Please see below application ready to file, and advice if anything can be improved

http://s3.postimg.org/51hyrpper/AA_A...n_notice_1.png
http://s23.postimg.org/uo070b1e3/AB_...ice_part_2.png
http://s3.postimg.org/gznnzz1lv/BA_Draft_Order.png
http://s27.postimg.org/ljeb1tp5f/CA_...ent_part_1.png
http://s16.postimg.org/5hqsi3zwl/CB_...ent_Part_2.png
http://s10.postimg.org/wtp9h2989/DA_...ent_Part_1.png
http://s13.postimg.org/m9gxuif93/DB_...ent_Part_2.png

Also on Draft Order- on the example there was instruction that claimant pay the fee. I left it in. Is this still possible?

I am myself finding difficult to pay the fee, although my income is above threshold, i have no disposable income (i am currently repaying debt and have very little income to spare, which below capital level). However i don't believe i qualify for fee remission as income still too high. So i might have to pay it if it comes to it

[mystery1]

Re: CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

Draft order

Remove 2 as you've already filed a defence.

Witness statement is crap.

1. I am the defendant , John smith of 1 high street somewhere

2. On xx i received a claim from Northampton court.

3. On xx i entered a defence via post/email/online

4. On xx i received from the court a judgement.

5. On xxx i tried to pay the claimant, Civil Enforcement LTD and was told i could not as the money was due to another company being Debt Enforcement and Action LTD.




The rest is really not something you witnessed but legal argument which belong in a skelton argument and/or oral argument on the day.

M1

[jaisonix]

Re: CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

Ok, corrections have been made

Can i submit without paying a fee looking at Draft Order point 3 where i expect Claimant to pay?

[mystery1]

Re: CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

You need to pay unless you are exempt. As you are at work i doubt you are.

http://www.lease-advice.org/document...ctober-eng.pdf

Just noticed the Wandsworth court as someone who needs served. Remove that as they don't.

M1

[jaisonix]

Re: CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

Ok thank you. I suspect the £155 fee is irrecoverable, and i can't bill CEL either way if i win or if i lose? Right?

I have submitted application by email. I would also like to post it or deliver in person? Should i post recorded or can i deliver direct to Wandsworth County Court you reckon?

Anyway thanks again for all your help M1, fingers crossed we see some results

[mystery1]

Re: CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

Email is fine. The £155 may or may not be recovered. We'll certainly ask for it. I take it you paid over the phone ?

If you wish to check the email has been received just phone them.

I'll be out all day tomorrow.

M1

[jaisonix]

Re: CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

Email is fine. The £155 may or may not be recovered. We'll certainly ask for it. I take it you paid over the phone ?

If you wish to check the email has been received just phone them.

I'll be out all day tomorrow.

M1

They rang me yesterday afternoon to collect payment, so all well received

Not made payment to CEL/DEAL, i can wait until 28th Aug to get a response on the N244 before attempting to pay

Let's see what happens

[mystery1]

Re: CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

They rang me yesterday afternoon to collect payment, so all well received

Not made payment to CEL/DEAL, i can wait until 28th Aug to get a response on the N244 before attempting to pay

Let's see what happens

It won't happen before then. The courts are slower than most people imagine. You might not get a hearing this year if Wandsworth is really busy !

M1

[jaisonix]

Re: CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

It won't happen before then. The courts are slower than most people imagine. You might not get a hearing this year if Wandsworth is really busy !

M1

So does that mean that CCJ will stay on my name for 6 years unless i attempt to send cheque payment to CEL and prove to Wandsworth CC that i have attempted to make this payment?

Therefore

- I should send cheque to CEL
- Mention that they do not own this debt
- Mention that they need to inform Wandsworth CC that i have made payment (after clearing the cheque)

Or would you suggest another course of action?

Best Regards
Anthony

[mystery1]

Re: CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

So does that mean that CCJ will stay on my name for 6 years unless i attempt to send cheque payment to CEL and prove to Wandsworth CC that i have attempted to make this payment?

If the set aside is successful it would be removed from your record. It would appear until then which is why, depending on personal circumstances, it can be worthwhile paying to avoid it going on record in the first place.

M1

[jaisonix]

Re: CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

If the set aside is successful it would be removed from your record. It would appear until then which is why, depending on personal circumstances, it can be worthwhile paying to avoid it going on record in the first place.

M1

Hi M1

Just a short update, following up on your advice i have paid CEL and they have cashed the cheque. To insure myself i also paid the court £15 fee to prove payment to CEL. I do hope i have a chance to recover the funds and fair justice is done when i get my hearing. I will keep you posted

[mystery1]

Re: CEL (DEAL) CCJ received after submitting defence quoting Parking Eye vs Beavis

We all do Bud.

M1