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received a N149A form regarding CEL
scv48
post Mon, 20 Oct 2014 - 14:50
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Hi i'm new to the forum and looking for some advice concerning the PCN i received from CEL, it is now at the stage where I have received a N149A form and need to fill in my directions questionnaire, the form seems straight forward enough to fill in but its my defence I need guidance with, also how long will I have to prepare a defence, the questionnaire has to be filed by the 30th October 2014.
Thanks
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post Mon, 20 Oct 2014 - 14:50
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scv48
post Wed, 19 Nov 2014 - 15:14
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Thanks for that, posted it off this morning will wait and see what the ourcome is, i'll let you know what the outcome is.

Thanks once again for all of your help
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matt285
post Thu, 20 Nov 2014 - 21:42
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smile.gif
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scv48
post Thu, 27 Nov 2014 - 12:49
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Finally received my court date this morning, so writing to the court informing them that I hadn't received my DQ didn't work worst luck. The letter informs me that the hearing will take place on the 30th december. It states each party must deliver to every other party and to the court office copies of all documents on which that party intends to rely on at the hearing no later than 14 days before the hearing.

The original documents must be be brought to the hearing.
In cases of this type the documents and information sent to the court and each party should, where available, include.
. the lettermaking the claim and any reply,
. details of what is said to have been done negligently,
. details of why it is said that the party was negligent,
. details of the damage said to have been caused,
. details of any injury or loss which has been suffered and how any(and each)sum claimed has been calculated,
. the response of the allegedly negligent party to the above.

The judge may refuse to consider a document or take it into account if a copy of it has not been sent to all parties as required by this order.

The documents to be sent to the parties and the court must include the statements of all witnesses (including the parties themselves)

Witness statements must:
.Start with the name of the case and the claim number
.State the full name and address of the witness
.Set out the witness's evidence clearly in numbered paragraphs on numbered pages
.End with this paragraph: I believe that the facts stated in this witness statement are true. '(or words to that effect); and
.be signed by the witness and dated.

The judge may refuse to hear the evidence, or consider any statement, of any witness whose statement has not been prepared and copied to all parties and the court in accordance with the paragraphs above.

Neither party may rely on any report from am expert at the hearing unless permission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this Order and seek permission, giving an explanation why the assistance of an expert is necessary.

Because this Order has been made by the court without considering representations from the parties, the parties have the right to reply to have the order set aside, varied or stayed. A party wishing to to make an application must send or deliver the application to the court (together with the appropriate fee) to arrive within seven days of service of this Order.

Any advice on how to prepare a witness statement and how to collate any information I will need and if I need to request anything from CEL, I also have a copy of the letter I received from CEL telling me they had passed over 87.5% my debt over to DEAL and retaining 12.5% themselves.
All advice is greatly appreciated

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jojo01
post Fri, 28 Nov 2014 - 12:22
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If it helps, I can send you a copy of the witness statement & skeleton argument I submitted for my case (which was heard last week) minus my personal details of course! You could base your own documents on these, but it goes without saying that you should tailor them to your own case by adding/deleting/amending where applicable. I also have an example index for the evidence bundle if you'd like it. Just send me a PM with your email address and I can send them to you.

Once you're happy with your documents, it would be worth getting one of the experts to cast their eyes over them to make sure they're good to go.

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SchoolRunMum
post Fri, 28 Nov 2014 - 13:13
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This should help as well:

http://forums.moneysavingexpert.com/showth...55#post61084955

It's a summary by bargepole about the process, the forms, what to do.

Also this is useful if it comes to a hearing and CEL actually turn up:

https://www.youtube.com/watch?v=HHmSM3xp6Xg

Oh, and have you seen the Parking Prankster's blog about the 'issues' with CEL/DEAL claims? I can't link it here so read his recent blogs about CEL/DEAL, it's very interesting and there may be aspects you can include in your bundle.

HTH

This post has been edited by SchoolRunMum: Fri, 28 Nov 2014 - 13:14
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scv48
post Fri, 5 Dec 2014 - 14:19
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Received a General Form of Judgement or Order this morning, stating that CEL must file and serve full particulars of the alleged terms of contract it relies upon and how it is alleged those terms were breached, and also serve upon myself a copy of DQ as required by CPR 26.3 (1)(B)(ii) and the notice of proposed allocation dated xx xx and file at court evidence of such notice. In default the claim will be struck out.Does this mean that the Court haven't received the documents either or is it just me? Also the date they have been ordered to serve these documents is several days after I have to submit my witness statement and skeleton argument to CEL and the Court so I won't be able to dispute it and add it to my witness statement as these have to be received 15 days before the court date. If CEL serve the full particulars of the alleged terms of contract would it be worth typing up an argument disputing it and taken copies to the court on the day?
thanks every one for all of the help I've received so far, couldn't have managed without you
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nosferatu1001
post Fri, 5 Dec 2014 - 15:16
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It sounds like the court havent yet received the docs.

Unsure on what is best to do with CEL "evidence" arriving after the deadline for you to submit - it could be worthwhile submitting a quick rebuttal, noting the short amount of time to respond.
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scv48
post Tue, 30 Dec 2014 - 12:01
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Just to let everyone know went to court this morning and CEL did not show so it was struck out (OVER AT LAST biggrin.gif ), the lovely Sandra from creative car parks emailed me yesterday asking for me to get in touch urgently obviously a tactic to either get me to pay up or not turn up (i didn't reply) so i was hoping this was going to be a good sign and it was.I'd just like to thank everyone on this forum for all of the help and advice, and also a big personal thanks to matt 285 and jojo01, i wouldn't have feltany where near as confident turning up at the court if it wasn't for all of the help and knowledge i have gained from the people on this forum. For anyone else going through the same thing GOOD LUCK and hang on in there, and to everyone else keep up the good work.

Thanks
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ManxRed
post Tue, 30 Dec 2014 - 12:09
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Did you ask for costs?


--------------------
Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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jojo01
post Tue, 30 Dec 2014 - 12:25
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Excellent news OP, well done. Great that you'll be able to start the new year without this hanging over you. smile.gif
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The Slithy Tove
post Tue, 30 Dec 2014 - 12:53
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QUOTE (scv48 @ Tue, 30 Dec 2014 - 12:01) *
CEL did not show so it was struck out


If such wilful, deliberate abuse of the court system isn't grounds for punitive damages/costs to be awarded against CEL, or better still, contempt of court against their directors resulting in jail time, then I don't know what is.

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jojo01
post Tue, 30 Dec 2014 - 14:41
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I believe Parking Prankster is compiling a list of cases where CEL don't show up - OP, it's worth you dropping him a line (include your case number) so that yours can be added to the list.
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scv48
post Tue, 30 Dec 2014 - 16:23
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Didn't need to ask for costs the judge mentioned them first, will drop a line to parking prankster we need to do as much as possible to stop companies like these making a living out of innocent people.

thanks again everyone
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Jlc
post Tue, 30 Dec 2014 - 16:24
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QUOTE (scv48 @ Tue, 30 Dec 2014 - 16:23) *
the judge mentioned them first

Our sort of Judge wink.gif

Were costs awarded then?


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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kommando
post Tue, 30 Dec 2014 - 17:45
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Well done, this forum is a lot of help but it takes guts to follow it through when you have no previous experience of court.
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matt285
post Wed, 31 Dec 2014 - 15:00
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It's great to hear another successful court case. Good work for getting this one killed off and for not paying up to those bullies.
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