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CEL Claim October 17

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blackmath
blackmath Posts: 95 Forumite
Ninth Anniversary 10 Posts Name Dropper
edited 16 October 2017 at 8:38PM in Parking tickets, fines & parking
Hi,

Just received a claim and am putting together a response now. Will respond to the notice tomorrow. Will update the thread when done. Also need to study the new protocol.

I have a question around the court which doesn't appear to be covered anywhere. Can I get the claim moved to a county court nearer to me?

Thanks.
«1

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    read the BARGEPOLE post linked in post #2 of the NEWBIES thread

    that post #2 covers all you need to know about court claims etc

    read recent CEL defences to draft your own

    AOS is done on line , no response is necessary yet

    and the initial judge will have it sent to your local court if it goes further

    the Northampton CCBC is not a court , its a government clearing centre
  • blackmath
    blackmath Posts: 95 Forumite
    Ninth Anniversary 10 Posts Name Dropper
    Ah okay, that makes more sense. Thanks. Will update the thread later this week.
  • blackmath
    blackmath Posts: 95 Forumite
    Ninth Anniversary 10 Posts Name Dropper
    Hi.I am currently drafting my defence but I still haven't received detailed particulars as promised in the claim form.

    Would you press them for this now or use it as a stick to beat them with? I'm guessing a judge would want to see that I at least followed it up.
  • Coupon-mad
    Coupon-mad Posts: 151,894 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Same as all the other threads about CEL, please read them, or search the forum for:

    Denton

    or

    Unless order

    Only because we are answering the same question on EVERY CEL thread at the moment!! Just read a few...
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
     Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • blackmath
    blackmath Posts: 95 Forumite
    Ninth Anniversary 10 Posts Name Dropper
    edited 11 November 2017 at 9:51PM
    I'm sending my defence statement off tomorrow morning. It seems I haven't remembered my MCO number so can't reset the password for now.

    I'm just going to post it. Am I correct in that I am sending the N9B form plus defence attached, clearly stating in the defence box that they should refer to attached document?

    Thanks.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You don't need your MCOL login.
    You will have read in Bargepole's walkthrough that submitting your defence via MCOL destroys all formatting and makes it difficult for the judge to read - not something you want.

    Consider emailing your defence to: ccbcaq@hmcts.gsi.gov.uk
  • blackmath
    blackmath Posts: 95 Forumite
    Ninth Anniversary 10 Posts Name Dropper
    Thanks. Saves me the worry of wondering if it got lost.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It also gives you a couple of extra days to get it right - no idea if you need that or not. ;)

    Why not post your defence here to see if others can offer improvements?

    When you do send it, don't forget that it needs a real signature.
    So the process is:
    1) print it.
    2) sign and date it.
    3) scan it back in and save as a pdf.
    4) send as an email attachment - also copy to yourself to ensure it goes successfully.
    Put the Claim Number in the email subject line.

    Does your defence mention the late serving of the Particulars of Claim?
    Have you written to the court to complain about the late serving of the PoC?
  • blackmath
    blackmath Posts: 95 Forumite
    Ninth Anniversary 10 Posts Name Dropper
    edited 11 November 2017 at 10:42PM
    I put the following preamble in. I was going to write to the court, but this might be a better way.
    I would firstly like to bring to attention that the Particulars of Claim were posted on the 1st of November 2017 (as demonstrated by the post mark on the envelope) and not as promised within 14 days of the Issue Date of the Claim Form. This was finally received by me on the 2nd of November. The claimant has concealed this by dating the letter on the 11th of October but posting 21 days afterwards. The Civil Procedure Rules are quite clear - under Rule 3.8 the court should apply the sanctions unless the Claimant has applied for relief under 3.9.

    I cannot see any reason for the Claimant having backdated its further Particulars of Claim, other than to try to gain an advantage by making it appear that I have filed my defence late, or by confusing me into having to rush to file my defence prematurely. This is a serious matter and I ask that this is formally noted on the court file. A serial commercial claimant should be fully versed in the Civil Procedure Rules and it is with great effort that I am having to understand the time limits and process which they are possibly deliberately making more difficult to weaken my defence.

    I serve my defence without prejudice due to the fact the Particulars of Claim were served so late hence the claimant being out of time.

    The rest of it is pretty standard with a few case specific applications applied. Largely around me surveying the site and detailing all the problems around signage, unclear land boundaries etc.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You have (at least) fourteen days from receiving the Particulars of Claim before your defence is due.

    As suggested in post #5, you need to look at other CEL defence threads.
    You will see that others have sent letters to the court and to CEL complaining about the late service.
    This thread may help with that:
    https://forums.moneysavingexpert.com/discussion/comment/73397773#Comment_73397773

    You will also see that solicitors have suggested wording to include in defence statements highlighting this dubious practice.
This discussion has been closed.
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