CEL parking defence help!?

Coupon-mad

Read the NEWBIES thread post #2, where a link to bargepole's post, covers it in full, question by question.

Redx

read BARGEPOLE`s timeline so you know what to do

NEWBIES sticky thread, post #2

that post is your bible, so if you have any basic questions to be answered, you have not studied that post and its links properly

KeithP

777ade777 wrote: »

I've received 'Notice of proposed allocation to the small claims track'.

Any advice/tips are welcome

Follow the guidance offered in post #2 of the NEWBIES FAQ sticky thread.

Umkomaas

Hard to believe that 135 posts on, the OP still isn’t all over this in terms of ingesting the NEWBIES FAQ sticky, post #2, and all similar claims from CEL, which are littered everywhere on the forum from over the past couple of months, with so much advice.

We’re dealing with hundreds of different threads, from different posters, from different situations, from different PPCs, from different stages of evolution, but still well ahead of the OP on their own one particular case.

We’ve dealt with 83 different cases today alone!

777ade777

So I'd keep it simple and complain about:
1. the blatant refusal to comply with the pre-action obligations of the Protocol and the PD before it, which has prevented you from understanding the claim and dealing with it properly. The court should exercise its powers under para 15 of the PD to stay the claim and compel the C to comply (and you'll need to be fairly specific about the failures and how they have prevented you from dealing with the claim properly)
2. the late PoC and the backdating


What does PD mean?

I'm just getting a letter together with my DQ.

nosferatu1001

Practice Directions. Easily found if you google or read the newbies thread.

777ade777

nosferatu1001 wrote: »

Practice Directions. Easily found if you google or read the newbies thread.

I've read the PD on google and I've no idea what to write about on number 1 on the post below about

'the blatant refusal to comply with the pre-action obligations of the Protocol and the PD before it, which has prevented you from understanding the claim and dealing with it properly. The court should exercise its powers under para 15 of the PD to stay the claim and compel the C to comply (and you'll need to be fairly specific about the failures and how they have prevented you from dealing with the claim properly)

I don't know how they've not complied with the pre-action obligations, it's so hard when i know nothing about it or what it means. Would someone please help me?

I know what to write regarding the late POC and posting time, just the above that I'm stuck with.

Loadsofchildren123

"PD" means Practice Direction - Pre-Action Conduct.


https://www.justice.gov.uk/courts/procedure-rules/civil/protocol


Read the first one (the PD) and the new Protocol on Debt Claims.


They are both written in plain English and explain the parties' obligations and the whole intention of the obligations.


The Protocol replaces the first part of the PD from 1st October, but paras 13-16 continue to apply (the ones which contain the courts' powers to sanction failures to comply).


If you want to understand more, in the newbies thread I think there's a response I drafted to a non-compliant LBC which specifies how the Protocol/PD are not being complied with and requesting information and documents. This should help you understand how CEL are breaching it and destroying its intention (to assist you in understanding the claim and them understanding your defence at an early stage, in the hope of avoiding a claim altogether or at least narrowing the issues).

777ade777

Do i send DQ to the court and CEL?

KeithP

777ade777 wrote: »

Do i send DQ to the court and CEL?

Re-read posts #132 and #133.

The answer you're looking for is there.

Why do you keep asking questions when clearly you are making no attempt to find answers yourself. Time to read post #135 again!!