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CEL parking defence help!?

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191012141517

Comments

  • Loadsofchildren123
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    777ade777 wrote: »
    1. The Claimant has failed to serve particulars of claim in time and the defence is prepared without prejudice to the defendant’s primary case that there is no claim to defend where the particulars are out of time and no application for relief from sanction has been filed. When under Rule 7.4(1)(b) the Particulars of Claim should have been served 14 days after the Service of Claim form. The actual date the Particular of Claims was received was 2nd November, as such, according to Rule 6.3(b) they were served on the 3rd November 2017.

    How does this look??

    Don't say they were received on 2nd. Just say they were posted on 1st and therefore deemed served on the 3rd.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Loadsofchildren123
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    Ruff neck, just file your defence by its due date and when you are told to file the DQ write another letter with that saying the same things - I posted on another thread about this earlier today.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • ruffneck247
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    Ruff neck, just file your defence by its due date and when you are told to file the DQ write another letter with that saying the same things - I posted on another thread about this earlier today.

    OK will do, which thread did you write on?
  • Loadsofchildren123
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    Can't remember and I'm on an iPad now which is a bit cumbersome. Search my posts. It might not be exactly on point but it included other things to say with the DQ
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • 777ade777
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    Don't say they were received on 2nd. Just say they were posted on 1st and therefore deemed served on the 3rd.


    Thanks LOC, I'll be amending that and send the defence today.
  • RustyRascal
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    L Webb has bounced an email back to me again saying that unless I post an N244, they will not deal with my complaint. Has anyone got any further with Amanda Beck as yet?

    Here is an update on my situation with regards comms with L Webb - http://forums.moneysavingexpert.com/showthread.php?t=5742167&page=3#topofpage
  • Umkomaas
    Umkomaas Posts: 41,410 Forumite
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    Here is an update on my situation with regards comms with L Webb - http://forums.moneysavingexpert.com/showthread.php?t=5742167&page=3#topofpage

    It’s great to see CEL victims helping other CEL victims. This is such a fast-paced and multi-faceted saga that everyone involved needs to get themselves working on it together via group support.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • 777ade777
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    Here is an update on my situation with regards comms with L Webb - http://forums.moneysavingexpert.com/showthread.php?t=5742167&page=3#topofpage


    I've received the same email from Webb, I will look out for your template on this to accompany my DQ when it arrives.
  • Loadsofchildren123
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    777ade777 wrote: »
    I've received the same email from Webb, I will look out for your template on this to accompany my DQ when it arrives.

    Nudge me at the time and I’ll assist
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • 777ade777
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    I sent a reply to Webb yester saying -

    'No such defence was entered on the 6th of November. Legitimate correspondence was sent to make the court aware of late Particular of Claim.

    My defence will be sent tomorrow.'

    They replied today saying....

    'Thank you, for your email.

    Please note that court staff are not legally trained your response form sent on the 6th November was labelled as a defence and was processed as one.

    If you wish to alter or provide a new defence you can apply to amend or substitute a defence using the N244 ‘Application Notice’. Please read this letter thoroughly before sending the application to the court as incorrectly completed applications will be returned to you.

    Electronic versions of all forms referred to in this letter are available to download at https://www.justice.gov.uk/forms. When returning your application please provide a copy of the application for each defendant, a copy for the claimant and a copy for the court. Please note, an application to amend or substitute a defence is not automatically granted. The outcome of your application is at the discretion of the District Judge or court appointed Legal Advisor.

    From 21st March 2016 there is a £100 court fee to process the application without a hearing or an £255.00 court fee to process the application with a hearing, payable by cheque or postal order to HMCTS or by card by calling the Helpdesk between 9am and 3:15pm. Any applications after 21st March with the previous fee will be returned. If you cannot afford to pay this fee you can check if you are eligible for help with fees by downloading the EX160A booklet. If you have already paid the application fee you can file the completed forms via email at ccbcfees@hmcts.gsi.gov.uk.

    If you require any further information please contact our helpdesk on the number below or you can email us at ccbc@hmcts.gsi.gov.uk; Please ensure that you state the above case number in the subject heading of your email. You may also find it useful to visit the frequently asked questions (FAQ’s) section of our website. To locate this page you should go to https://www.justice.gov.uk and search for ‘CCBC’.


    Regards
    James Clarke
    N9 And DQ Team
    County Court Business Centre
    St Katherines House
    21-27 St Katherines Street
    Northampton
    NN1 2LH'

    This is absolute garbage, I've still sent my defence today as planned.
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