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CEL Court Proceedings - DQ Small Claims Track, Threads merged x3
WR2019
post Fri, 18 Jan 2019 - 17:44
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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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Posts in this topic
- WR2019   CEL Court Proceedings - DQ Small Claims Track   Fri, 18 Jan 2019 - 17:44
- - Redivi   They've been unstaying a lot of cases lately ...   Fri, 18 Jan 2019 - 18:15
- - Glacier2   CEL often back away when it gets to the paying the...   Fri, 18 Jan 2019 - 18:30
- - Redivi   They used to pay it as a pressure tactic and cance...   Fri, 18 Jan 2019 - 18:38
- - WR2019   Thanks all. The other annoying thing is that I h...   Sat, 19 Jan 2019 - 02:01
- - nosferatu1001   It's against protocols but the court doesn...   Sat, 19 Jan 2019 - 09:08
- - WR2019   Hi there, Thanks for the information. I've r...   Mon, 21 Jan 2019 - 21:25
- - Editing   Point 3 is missing “not”......   Mon, 21 Jan 2019 - 21:36
- - WR2019   ahh yes right you are. Thanks! I will change t...   Mon, 21 Jan 2019 - 22:07
- - nosferatu1001   YOU DONT, NOT YET! If you had read other threa...   Tue, 22 Jan 2019 - 12:34
- - WR2019   Ooops my bad! Thanks for the above detail. I...   Tue, 22 Jan 2019 - 19:59
- - nosferatu1001   A SAR is, as the name tells you, only to do with d...   Wed, 23 Jan 2019 - 07:59
- - WR2019   Thanks! I'll leave the SAR then. I'm...   Wed, 23 Jan 2019 - 10:29
- - nosferatu1001   Dont apply WRite a letter. If you apply and pay t...   Wed, 23 Jan 2019 - 10:42
- - WR2019   Sounds like a silly question but what address and ...   Wed, 23 Jan 2019 - 11:32
- - nosferatu1001   Wait untill you get your local court allocated Noo...   Wed, 23 Jan 2019 - 13:56
- - WR2019   Thanks a lot!!   Wed, 23 Jan 2019 - 17:27
- - southpaw82   Paragraph 8 has no place in a witness statement.   Wed, 23 Jan 2019 - 21:49
- - WR2019   So I received a call from the "CEL Legal team...   Thu, 31 Jan 2019 - 16:54
- - Redivi   It's quite common but usually closer to the he...   Thu, 31 Jan 2019 - 17:05
- - cabbyman   They're now panicking because they know that t...   Thu, 31 Jan 2019 - 17:22
- - nosferatu1001   If theyve missed the deadline to send in the DQ, y...   Fri, 1 Feb 2019 - 08:11
- - WR2019   What address would I use to email them this?   Fri, 1 Feb 2019 - 12:30
- - nosferatu1001   Call them.   Fri, 1 Feb 2019 - 20:25
- - WR2019   Hi guys, My case in a nutshell with CEL has hit s...   Mon, 4 Mar 2019 - 17:52
- - Ollyfrog   Hit report and ask a mod nicely to merge this with...   Mon, 4 Mar 2019 - 19:58
- - nosferatu1001   One case, one thread. NEVER start a new thread for...   Tue, 5 Mar 2019 - 09:43
|- - Jlc   QUOTE (nosferatu1001 @ Tue, 5 Mar 2019 ...   Tue, 5 Mar 2019 - 09:45
- - nosferatu1001   Yep, but if they DONT comply with the order, youc ...   Tue, 5 Mar 2019 - 11:55
- - WR2019   Sorry I should have kept it under 1 post. Have rep...   Tue, 19 Mar 2019 - 11:45
- - WR2019   Also does anyone have a template or guidance for e...   Wed, 20 Mar 2019 - 14:11
- - cabbyman   Draft your own and post it here for comment.   Wed, 20 Mar 2019 - 14:17
|- - WR2019   QUOTE (cabbyman @ Wed, 20 Mar 2019 - 14...   Wed, 20 Mar 2019 - 19:03
- - WR2019   See below   Wed, 20 Mar 2019 - 14:21
- - Redivi   I would keep it cold and factual Let the judge fo...   Wed, 20 Mar 2019 - 21:28
- - WR2019   The court send me back the following: "Good...   Mon, 25 Mar 2019 - 08:39
|- - southpaw82   QUOTE (WR2019 @ Mon, 25 Mar 2019 - 08...   Mon, 25 Mar 2019 - 10:43
|- - WR2019   QUOTE (southpaw82 @ Mon, 25 Mar 2019 - 1...   Mon, 25 Mar 2019 - 19:34
|- - southpaw82   QUOTE (WR2019 @ Mon, 25 Mar 2019 - 19...   Mon, 25 Mar 2019 - 21:12
- - cabbyman   The fee paid would constitute part of the costs ap...   Mon, 25 Mar 2019 - 20:52
- - WR2019   What's that? And is this still available under...   Mon, 1 Apr 2019 - 15:27
- - WR2019   Dear all, I filed an n244 form and the case has b...   Wed, 1 May 2019 - 11:41
- - WR2019   So far I had to spend several hours researching th...   Wed, 1 May 2019 - 11:55
|- - Sheffield Dave   QUOTE (WR2019 @ Wed, 1 May 2019 - 11...   Wed, 1 May 2019 - 19:04
- - WR2019   Ah thanks for the heads up on this. I have submitt...   Thu, 2 May 2019 - 01:42
|- - Redivi   QUOTE (WR2019 @ Thu, 2 May 2019 - 02...   Thu, 2 May 2019 - 08:35
- - emanresu   QUOTE but no harm in trying There is but go ahead...   Thu, 2 May 2019 - 05:55
- - southpaw82   I too am a bit confused - if you forgot to ask abo...   Thu, 2 May 2019 - 10:18
- - WR2019   Hi guys, I had a small claims track case with a ...   Thu, 20 Jun 2019 - 14:32
|- - Lynnzer   QUOTE (WR2019 @ Thu, 20 Jun 2019 - 15...   Fri, 21 Jun 2019 - 17:44
|- - southpaw82   QUOTE (WR2019 @ Thu, 20 Jun 2019 - 15...   Mon, 24 Jun 2019 - 20:06
|- - Lynnzer   QUOTE (southpaw82 @ Mon, 24 Jun 2019 - 2...   Mon, 24 Jun 2019 - 20:34
- - WR2019   Thanks. Looks very interesting and good to see you...   Mon, 24 Jun 2019 - 19:55


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