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    • Sorry dx100uk   I have uploaded via the site now, I had trouble uploading it to the site before
    • Well I really don't know where to begin with this. I've spent hours trying to figure out what to put but it seems that every witness statement is different depending on the exact circumstances. I know that I shouldn't put all my cards on the table but I don't know which ones to hold back and which ones to get rid of altogether.   This is what I have so far...   I, XXX of XXX am the Defendant in this case. I make this statement in support of my defence again the Claimant, Civil Enforcement Ltd.   1.       CEL make it impossible for defendants to discuss PCNs with them or their representatives:              A.       On the 26th Nov 2018 I received an unexpected PCN from CEL. I immediately went onto their “Contact Us” page, which stated that operators are available to speak to during normal working hours (see appendix 1 - THIS IS JUST A COPY OF THEIR CONTACT US PAGE). I tried calling numerous times to discuss the matter but regardless of what time of day I called there was no option to speak to an operator, only an automated system to pay.              B.       When I received a debt collection notice from ZZPS (see appendix 2 - COPY OF LETTER) the letter instructed me to call them on 01932918916.                      14th Mar 2019 - I tried calling several times and have a call recording I can play for the court to show that it was impossible to speak to anyone. Instead I was played the following automated message: “The party’s call minder belonging to 01473478289 is full and can’t accept any more messages. Please try again later. Goodbye.” The call then hangs up.                     19th Mar 2019 - I tried again at several times throughout the day and this time a message played thanking me for calling ZZPS and asked me to hold. It then rang for 2 minutes before repeating the same message. This happened over and over again. I have two recording that I can play for the court showing this to be true, one that lasted 9 minutes and the other for 10 minutes before each time giving up.            It appears that there is some unreliable call routing in place meaning that I had no way of contacting CEL or ZZPS as they both advise.   2.       CEL failed to produce any of the documentation I requested in writing, which obstructed me from making a decision on how to proceed with this case:             A.       On the 3rd Dec 2018 I completed CEL’s online Appeals Form (see appendix 3 for a saved copy of the submitted form - ATTACHED TO THIS POST). CEL responded (see appendix 4) but failed to answer any question, stating that GDPR prevented them from doing so.             B.       On the 14th Aug 2019 I sent them a CPR 31.14 Request letter (see appendix 5). CEL did not respond.   3.       According to Schedule 3, Part 1, Class 13 of The Town and Country Planning (Control of Advertisements) (England) Regulations 2007, only signage older than 10 years is deemed as having consent granted.   CEL has changed its signage 3 times within the last 10 years, which can be clearly seen from Google Street mapping images:            A.       2018 – Present: Signage stating 1hr free parking (appendix 6a)            B.       2012 – 2017: Signage stating 3hr free parking (appendix 6b)            C.       2008 – 2012: Signage stating 2hr free parking (appendix 6c)   CEL’s current signage was installed at some point during 2018 but according to Stockport Council’s online planning applications search system no planning permission was granted. I believe the signage has therefore been erected illegally, which makes it impossible to enter into a contract with them.   4.       CEL has also added legal costs to their claim, which is not recoverable within the Small Claims Court.   I believe that the following facts stated in this Witness Statement are true.   Have I made a complete balls-up of this or am I going in the right direction? I thought it might work in my favour if I try to show the judge that I made every reasonable effort to resolve this without going to court but CEL purposely make appeals as difficult as possible. Perhaps none of that matters. Not sure. 🤔 Appeal Text.pdf
    • images/posts removed . please do not post jpg picture images directly to a post . read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only . that way only logged-in,registered and approved caggers are the only ones that can download and see them . else anyone can see them caggers or not. dx     dx    
    • This will be ok for you to offer the final 1 month's fee you should have paid :-   Dear Harlands,   I refer to my membership at [town/city] gym.   The DD mandate was cancelled after the June 2019 payment was made and this was notice of my intent to cancel the gym membership.   I now realise I should have left the DD Mandate open to pay a final month's fee for the notice period.   Please confirm your bank payment details and a reference so I can pay you the £xx.xx to end this matter. I will not pay any admin fees added by Harlands. I will only deal with this matter in writing, not by phone.   My offer is valid for 14 days only and will be withdrawn if you demand any higher amount.   Yours sincerely,
    • seems like your payment issue is not just your error      
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alladin78

CEL ANPR PCN Claimform - Croydon Poplar Walk car park.

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you've not got a court date yt so I wouldn't panic too much about your Witness statement as such at this stage

at this time you are just gathering knowledge about what might be in it.

the key will be when you get theirs..

they usually file early giving you time to use your witness statement to counter theirs.

 

I also wouldn't expand your search upon what you might possibly include to far outside CAG and parking prankster sites.

 

the top red toolbar here is very good for searching only from CAG . the search CAG box.

 

witness statement CEL Claimform.

 

most of the CEL ones you'll see are the same.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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DX is right, prepare some bullet points that could go in your WS (most mentioned above), then when it comes to it see what nonsense they send first.

 

True, you can't prove you called, but they can't prove you didn't, and I bet your story would come across very well to the judge - you'd always paid before, your phone was on the blink on the day in question, you called to make late payment but they said they don't accept late payments.

 

By invented costs I mean this. Say you really owed the money (you don't, but let's pretend for a minute). So it's £100. Plus court costs (I think they've gone for £75) & interest. But how the hell has £100 morphed into £236? They've invented fees that are expressly not allowed in the small claims system. Judges don't like this and I would add it as a point.

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You say that you have not identified yourself as the driver

but at the same time you have admitted calling them to pay which would probably have confirmed you were the driver rather than the keeper.

 

You do not want the solicitors to send you the documents you asked for.

If they had them they would have sent them.

So no docs.

No locus standing to take you to Court.

 

In any event as you didn't pay you were a trespasser and only the land owner can pursue you not the organ grinders pet monkey.

 

Read up the parking-prankster's article about double charging by legal fees.

 

Also even if their notices allow extra charges,

under the OFT guidance the sum charged has to be appropriate.

So 20 or 30 pounds would be more than enough.

(That is 20 to 30 per cent of the £100.

Edited by dx100uk
spacing

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Sorry I meant no locus standi-damn predictive text. Why does it think better than I do what I want to say.

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Hi All 

Just thought I would update you. I got a letter earlier this month from CEL "Confirmation of Cancellation xxx" stating they've discontinued the proceedings for the Claim and have notified the court.Attached was a form N279. 

:) thank you all for your help!! you kept me going and gave me strength to fight these goons! God bless you all.

Al

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CEL have been known to pull this stunt before and get a default judgement because the defendant didn't turn up.

have you checked with the court it IS disc'd??


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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yep, check with the court just in case they do try telling you one thing and then pitching up.

In the bad old days they used to phone you the night before and tell you that they were dropping the clim ut then turn up and hope you had fallen for the lie.

 

The most extreme case was a parking co impersonating the judge to get a delay on proceedings

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I called the county court and they've confirmed its been settled. :)

Thanks for all your help and support!

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Hi.

 

Did the court say that the case has been discontinued?

 

HB


Illegitimi non carborundum

 

 

 

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Well done on your victory!

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