County Court Claim from CEL

[Mark44]

@mystery1 ..Please help


I received a county claim from Civil Enforcement Limited (CEL) for 225 pound


The time spent in the car park was 20 minutes. It is a pub car park in Warrington city centre


It was after dark andthe car park was unlit so the driver did not see the signs.




I have attached the claim form and particulars of claim .


Please HELPPPPPP

[mystery1]

Re: County Court Claim from CEL

I'll get back to you soon.

M1

[mystery1]

Re: County Court Claim from CEL

Mark44defence.odt

Edit to suit.

M1

[Mark44]

Re: County Court Claim from CEL

Thank you mystery1

However I have some comments, please can you help clarify these please

Paragraph 8 of the defence - is it referring to the terms or the signs

Paragraph 9 of the defence - I am not sure I received a notice of keeper liability

Do I need include the reasons the driver could not pay - could not see the signs as it was dark

Thank you for your help so far

[mystery1]

Re: County Court Claim from CEL

Thank you mystery1

However I have some comments, please can you help clarify these please

Paragraph 8 of the defence - is it referring to the terms or the signs

Paragraph 9 of the defence - I am not sure I received a notice of keeper liability

Do I need include the reasons the driver could not pay - could not see the signs as it was dark

Thank you for your help so far

Para 8 refers to both as the signs are what are required to inform about the terms and as it was dark the were not easily legible and "bound to be seen" as you found when you checked later on as when you became aware of the charge you went back to check.

Para 9 places the burden of proof on them to show that you did, or at least that they posted one out to you.

We have included the darkness.

M1

[Mark44]

Re: County Court Claim from CEL

Thank you mystery1

[Mark44]

Re: County Court Claim from CEL

Hello Mystery1.

Just been in touch with the court and I was informed that the claimant is yet to file an N215 to inform them that the particulars of details have been served. According to PD 7E 6.1(2) the claimant is required to file N215 at the centre within 14 days of serving the particulars.

How can I use this to my advantage?

[mystery1]

Re: County Court Claim from CEL

That's something i'll need to research a bit.

M1

[Mark44]

Re: County Court Claim from CEL

Hi [MENTION=5354]mystery1[/MENTION]

CEL have expressed an interest in a mediation session and it has been arranged for next week. Have you got any advice for me please?

[mystery1]

Re: County Court Claim from CEL

Decide what you want and stick to your guns. If you want drop it and no costs either side, pay £5 whatever then that's what you want.

Don't be fooled by a mediator who doesn't mediate and thinks they're clever.

Mediation is not so much a thing to end this, as covering your arse for costs if you don't do it. It's unlikely to work. If it does, bonus.

M1

[Mark44]

Re: County Court Claim from CEL

thank you [MENTION=5354]mystery1[/MENTION]

Do you think I should state reasons why I am disputing the charge during the mediation?

[mystery1]

Re: County Court Claim from CEL

Depends how it goes really. The reasons are no secret as they are in you defence but legal argument isn't really for mediation, even though it no doubt happens all the time. You aren't having a hearing, more a negotiation.

M1

[Mark44]

Re: County Court Claim from CEL

[MENTION=5354]mystery1[/MENTION] .. so the case has gone to court and I have been advised to send all documents to the court and CEL.

Do I need to present my case now in writing to the court before the hearing date as to why I don't think I am liable for the charge and pictures of the car park as well?

[mystery1]

Re: County Court Claim from CEL

You do not need to present your case until the hearing although many would send in a skeleton argument to make it easier and hope the judge gets a better understanding beforehand.

A witness statement and other evidence you intend to use needs to be filed to the court and them before the stated deadline.

M1