DEAL court claim received

songofsixpence

The cut off date for me receiving amended particulars from DEAL was yesterday, but as I expected, I received none. I phoned the court today and asked if the case was going to be struck out. However, it seems DEAL has sent the amended claim to the court. It appears this is not going to be as straightforward as I had hoped.

My amended defence needs to be in by 23rd March.
I will write to the court, but I'm concerned I won't have enough time to prepare an amended defence, as required by the order.
Has anyone else received a copy of an amended DEAL claim?
Does it address any of the issues in post 8?

Thanks for any advice or information!

Fruitcake

I am unsure of the legal points but DEAL/CEL are renowned for 'phoning victims just before the court date and implying that the case has been cancelled. Don't be fooled if they do this. Contact the court to see if the case is still active and if so send a transcript of the 'phone call as an addendum to your defence.

Also, itemise your costs. 'Phone calls, paper, time at court rate of £18/h, transport and lunch costs if you have to attend. Keep receipts and keep prices reasonable.

hoohoo

As a first shot I would write to the court and state you have not had the amended particulars and therefore the claim should be struck out. Failing that, you will need extra time to prepare your defence.

Point out there is a test case scheduled in Bristol, and that it might therefore be sensible to wait for this.

Is the court sending you the amended particulars?

songofsixpence

Thanks for your replies.
The court are not sending me a copy of the amended claim. They said the response received from DEAL dealt with some of the issues the judge had raised. They suggested I should write to the judge, which I have done.

In my letter, I also explained I haven't had a copy of DQ's.
I asked for either the case to be struck out, or stayed until DEAL provided me with the required paperwork.

bluetoffee1878

songofsixpence wrote: »

Just an update. Case has been allocated to a local court.
The judge has ordered that the claimant:
Identify the full details of signatory to the claim form and evidence he is a solicitor;
Identify full details and employment status of signatory to the directions questionnaire;
Serve amended particulars showing its claim in contract to include full particulars of alleged notices giving rise to the contract;
How and when any assignment to the claimant of any other party's alleged rights against the defendant occurred;
Whether any notice of assignment is alleged to have been given to the defendant, and provide a copy;
The legal and factual basis for its claim in trespass, given it does not appear to own the land, and how it has calculated its claim for damages of trespass;

If the claimant fails to comply within 2 weeks the court will consider striking out the claim.

I have a few questions if anyone can help, please.
I didn't receive a copy of the directions questionnaire - should I let the court know this now?
This judge seems to be on the ball, so I am hoping it will work in my favour.

Did DEAL really fully comply with this order? I would be asking that question of the court. Also check the hearing fee payment after the due date.
The other thing I did was write to the court (3 times) regarding getting no DQ and I also downloaded and printed off the court orders blogged by the prankster, to show how unreasonable DEAL are being

songofsixpence

Thank you bluetoffee. I had the same thoughts about the amended particulars from DEAL. When I called the court, they were less than forthcoming, other than to say that DEAL had responded to the order and their response would be considered by the judge.

Coupon-mad

Did you thoroughly read all the latest blogs about DEAL in the Parking Prankster's Blogs, there are loads all about 'bad DEAL' etc.

songofsixpence

Thanks couponmad. Yes, I am following all of Parking Prankster's updates closely.

songofsixpence

Update. So I wrote to the judge, explaining I didn't receive a copy of the DQs or the amended particulars of the claim from DEAL.
I said I believed DEAL were abusing the court system,and asked him to strike out the claim or stay it until DEAL complied with the court's directions. I received a reply today - the claim has been STRUCK OUT - due to my letter and DEAL not following the court order! Yippee!! such a relief.

Thank you so much to the wonderful people who have been such a help on this forum.

songofsixpence

It seems DEAL are not giving up yet! Despite the claim being struck out in April, and following the Beavis case, they have sent me a letter advising me they are going back to court if I don't pay up within 7 days. This time their cost are listed as exceeding £500.

Included with their letter is a detailed witness statement from Ashley Cohen, which sets out the case for breach of contract. Among several other cases, it also cites Parking Eye v Beavis to show their costs are reasonable and do not need to be GPEOL.

A letter is enclosed from Co op's solicitor confirming CEL have the authority to issue parking charge notices.

This is mounting up to a serious amount of money at risk for me. Can anyone advise me how to proceed please? Should I wait until I hear if DEAL apply to have the case reinstated and they pay the hearing fee? Or should I consider paying their demands of £250? After the Beavis case I just don't know!