They are suing YOU, their paperwok isn't a Defence, it's a Witness Statement of the facts they are presenting to ground the claim against YOU even the amount claimed in total is wrong as Keeper you cannot be held liable for all the extras they have added on. it is YOU who has to defend and rebut the garbage in their Witness Statement. EB has indicated what to do and use. Now go on and beat them with their own stick.

In your appeal - 2nd Photo of car park - please tell me you didn't write that under the picture and send it to them?

In your appeal - 2nd Photo of car park - please tell me you didn't write that under the picture and send it to them?

It doesnt matter what you say in an appeal. it will almost always be rejected. You could say aliens landed, you got out to say hello, and someone jumped in your car and moved it to that spot

Yes I get that, but look at the wording - it says "where I parked".

mistakes between the claimants defence and it being a witness statement have been corrected in the posts here by the OP.

PP have you actioned post 47 and did you get your WS sent off to the court and CEL yesterday as advised??

As I understand it the OP is defending as keeper and in the claimant's WS in P21 & 22 this is confirmed. However also in the claimant's WS (P17) they refer to the OP's appeal and attach this as Exhibit 6 - On page 4 of exhibit 6 is the offending hand written "Where I parked". Just concerned that maybe they might draw this to the Court's attention and thereby try to cast doubt on the reliability of the defendant's statement. Better to forewarn the OP so that they can cast their mind back and see if they can remember if it was perhaps the driver who had marked up those photos for them, rather than be surprised by it on the day.

Sorry if that's already been covered before but I hadn't spotted it myself.

Those words were for us. Not the WS.....

That post was almost 2 years ago

Post 46?

It doesnt matter. For all the reasons already outlines. There is no basis at all for a claim or for the OP to pay anything. The PPC will say and do anything to get money from them. Same as in every single other PPC claim.

Yep - the signs are all wrong and he shouldn't be paying. They'll lie through their teeth for a payday, but just thought OP ought to be prepared in case they are confronted with "you've admitted being the driver here" if someone from CEL has picked up on it and since it's there in their evidence pack. Knowing CEL's fictitious accounting when they're adding clues up they'll make 2+2 = £268.35

whomever wrote that WS must appear in court or a suitably certificated solicitor...bet neither happen

if so WS contents can't be used in all effect …

dx

this is something the OP musr challenge as soon as proceedingds start. If it isnt Ashley or a solicitor presenting the witness statement then it isnt a WITNESS statement and you request it be removed from the evidence as the witness is not there to be cross examined. If someone does turn up ( that is unlikely - more likey the court gets an anonymous phone call saying somehting along the lines of you wont be there and use that as an excuse for their non-attendance)

The 2 conflicting signs and use of the CRA 2015 to reject any contract should be enough. The vagus claim of admin costs being added arent contractual either, it shoudl sate that costs of £x will be added as we know that DR+ charge £15 for their threatograms so where do CEL get a zillion quid in recovery costs from? The OP is challenging these regardless of the denial of a contract being formed. Chuck the kitchen sink at it.

Also note that the miock uop sign in their evidence pack is different to the actual signage so use that to claim the rest of their evidence is also unreliable and the judge will often say they prefer you as a witness or they prefer your evidence rather than going down theline of stating that Ashley has perjured himself again

Nothing from the OP for a couple of days. I hope they aren't giving up since there is still time to get their WS in since litigants in person are given a fair amount of leeway in timings of document delivery.

Hi everyone, sorry for the silence.

I've had a mad few days travelling to places with work where their was either no receiption, or mobile devices aren't allowed.

I have submitted my Witness Statement to the court as recommended and I have also sent a copy to the CEL. I have taken on board the advice given.

I am self employed and so it would have been MUCH cheaper for me to just pay the ticket and move on instead of having to take time away from work to attend a hearing. However, it's the priciple of being charged when I shouldn't be is what it keeping me going.

I would like to thank you all for your advice and help so far; it is very much needed and appreciated. I am now genuinely looking forward to the hearing so that I can finally state my case and bring this issue to an end. Obviously, I will let you know the outcome on Friday.

and claim the £90 per day lost wages if you win

you claim costs under CPR 27.14.2(g) for their unreasonable behaviour whether they attend or not.

They usually drop out the day before a hearing so the judge will be more than happy to order a full costs recovery.

Write down what your losses are and add 5 hours research and preparation time @ £19 per hour.

Dont have all of this on a piece of paper and you will get nothing but your bus fare.

So you say you wnat £x for loss of earnings, £95 LiP research costs, £y travel, £z postage and printing costs under CPR27.14.2(g).

Imperative you include the CPR bit

Guess what????

I WON!

I arrived at the courts nice and early at 09:15, only to find lots of TV cameras outside.

I know that I'm great, but I wasn't expecting that .

It turns out that the three people that were convicted for the explosion in Leicester were being sentenced that day.

When I'd booked in, CEL's solicitor came over and introduced himself; he was very friendly and asked if I had any questions before we went in (which I didn't).

I also found out that it's normal to wait...and wait...and wait...

We were eventually called about 2 hours after our stated time.

I clocked the time as we went in and clocked it when we got out - exactly 10 mins.

In a nutshell, it went a bit like this...

CEL's solicitor made his opening statement.

I made my opening statement.

CEL's solicitor asked why how I couldn't possibly know who was driving that day.

I answered stating that several people had access the car that day.

...and then, the judge piped up saying that people couldn't possibly be expected to know which was the correct sign if there are 3 different signs, all saying different things, and told CEL's solicitor that this should have never come to court.

I then asked about the £90 lost of earnings, which the judge said "Of course. you're definitely entitled to that".

...and we left the room (I was probably sat in the court when the above post was made, so I didn't ask about any more than that).

When back in the waiting area, CEL's solicitor came over to me and said that he doesn't understand why CEL insist on pursuing these cases when there is no way that they can win.

I almost felt sorry for him because he was there for the day so see through 3 other cases.

So then, I would like to thank you all for your honest (sometimes brutefully honest) advice.

It has been invaluable, much needed and very much appreciated. I will, of couse, be making a donation to the site so that it can continue to provide the sterling support that is has been doing a long time.

so did you put your costs claim down on paper as above in post 66?

If not then you were lucky to be offered anything and you ahve short changed yourself for the homework you had to do.

However, glad the result went the right way

Well done you!

CEL are banking on people not turning up most of the time. Their solicitor had you + 3 more after you (who knows how many before?) and at £300+ a punt it's a numbers game to them.

Excellent result, surely its about time these PPC's were investigated and banned from Court.

don't forget to DONATE please

dx

Congratulations on your win. I agree it's a numbers game for them but the more people that read threads such as yours may take solace that they could win if it went to court.

It's not an easy task going to court but you did it

Well done on your victory!

Great stuff, well done you.

HB

don't forget to DONATE please

 

dx

Already have . If I could afford more, I would have donated more - worth every penny.