CEL Court Proceedings - DQ Small Claims Track, Threads merged x3 |
CEL Court Proceedings - DQ Small Claims Track, Threads merged x3 |
Fri, 18 Jan 2019 - 17:44
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Member Group: Members Posts: 23 Joined: 18 Jan 2019 Member No.: 101,985 |
Hi guys,
This is all rather new to me. CEL have used their typical bullying tactics on me and launched a court claim. The case got stayed 2nd Jan 2019 after I filed my defence and they failed to respond in time. However the stay was lifted and I’ve now received their Small Track questionnaire and have to send this to the court and the claimant (CEL) by the 31st Jan (I’m also awaiting to receive their questionnaire). In a nutshell: I entered a carpark that I never knew was ANPR controlled (I’ve lived in the area for 25 years and never had any issues). There was no signage on the date of the date of my visit to the Costa Coffee in the shopping parade - furthermore they can't expect photographs to claim this as I didn’t know it was ANPR controlled thus there was no reason for me to look out for any signage. They to date haven't showed me evidence that there was signage and T&C's on the date of the alleged breach. A year or so before the incident I had two back surgeries that haven’t gone well and since I have been in severe agony. I saw the orthopaedic consultant a few days after this “parking contravention” about my pain and what can be done (I have the summary letter from his clinic where he advised having a further spinal fusion procedure to rid my sciatic symptoms and pain). The above point is relevant as the reason why I spent 2 hour and 28 mins in Costa Coffee, as I was around 1hr 30 mins into my coffee I started to experience nerve pain and weakness in my legs. This was very random and extremely painful but in line with the side effect of my previous two surgeries. I obviously was not going to get into my car and drive until the symptoms had warn off, if I did I would have risked my life and the life of other road users/pedestrians (many children and elderly are nearby as there’s a doctors surgeries, pharmacy and a school very close by). Ultimately, I’ve defended their charge based on no evidence of signage and my extenuating medical circumstances that were for the greater good. I would have appealed via the standard routes POPLA etc. beforehand had I received any of the claimants prior fines or letters. However the first I knew about the incident was with the county court claim form that the claimant has filed against me (incident Feb 2018, claim form Nov 2018). They've not send any evidence of what fines were sent etc. such as recorded delivery confirmation etc. I now am in the process of completing this questionnaire and have found this blog insightful so was wondering if anyone may be able to help in this matter? Thanks! Wayne |
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Lo-Fi Version | Time is now: Friday, 29th March 2024 - 07:59 |