CEL defence draft

Snagger

Are you saying in #9 that the issued a compliant NTK? Surely you're claiming it's non-compliant?

Well spotted! I've amended to 'non-compliant'
Thanks!

Coupon-mad

Have you received those more detailed PoCs?
No

Quote:
You cannot possibly submit a defence if you have not received the detailed PoCs.
To do so is to admit the scant documentation you already have is sufficient.

I've already acknowledged service on MCOL

We know you have, but you should not be defending yet.

Same as all the other cases and I can't face repeating it again. Please read other CEL threads.

nosferatu1001

Indeed, its simple. Once they miss the 14 days from service of claim form (5 days after issue date) then theyve missed their window. You will need to ask the court to strike outthe claim, possibly costing you £100 to make the applicaiton which should be automatically granted, and you ask the court to order that the claimant pays you the £100 PLUS say 2 hours of your time at £19 per hour - this is NOT a small claims track case (yet) and so they have NO protection from you claiming your reasonable costs.

Snagger

Thank you Nosferatu1001, I intended on calling the court today but I received my POC this morning (26th) in the post, which is 2 days after their deadline. (N1 issue date 4th October)

The details in the POC are very basic. ANPR, Location, Date, time etc

The envelope is 1st class and stamped 25th, the POC inside is dated 11th October.

My question is, do I
a) Contact the court tomorrow still and ask for the claim to be struck out
b) Add to my defence that the claimant failed rule 7.4 which states the particulars of claim to be contained in or served with the claim form or served within 14 days of service of the claim form

I’m aware there are a few other CEL threads ongoing at the minute and that claims made from October this year are a bit different and seem to be somewhat of a learning curve. All help is very much appreciated.

Redx

see post #38 here

https://forums.moneysavingexpert.com/discussion/5722800

bear in mind what johnnersh says, closely

Snagger

Thanks Redx, I've already read this post by Johnnersh earlier today and my case falls under 'option B' however I already filled out my Acknowledgement of Service on MCOL. I did this after reading the Newbie thread, I was unaware at the time that I shouldn't of done this. I assumed my deadline was 14 days as thats what I'd read.

On the post by Johnnersh it doesn't say what the defendant should do if the AOS has already been filled in.

I assume that writing a defence is now my only option? Obviously including the fact that they missed their deadline sending out the detailed POC within 14 days.

Thanks again

Coupon-mad

On the post by Johnnersh it doesn't say what the defendant should do if the AOS has already been filled in.

But other (easily found) CEL claim threads from the past 48 hours, do, and I've written a letter for at least one poster.

And 2 or 3 threads have the sort of email to send to the CCBC, asking for the court to make an order.

I assume that writing a defence is now my only option?

Nope, I think by writing a defence you are letting them off what you should be telling them to do, which is (I think, could be wrong) to apply for relief from sanction due to late service.

If you write a defence now, my understanding is, you are letting them get away with it and 'accepting' the late served POC.

Snagger

Ok thanks Coupon-mad, so I looked back through all your recent posts and found the letter you referred to. (Very helpful) So I'll email this to CEL via 2 email addresses which I've found on their website. I'll also post a copy tomorrow, am I right in thinking I should just send it 1st class, not recorded or special delivery?

As I have already filled in my AOS, my deadline is 6th November, what should I do if I don't hear anything back from CEL?


For anyone else in the same boat, below is the letter which Coupon-mad wrote.

Date: 26/10/2017

Dear Sir/Madam,

Claim No. ###########

I am writing to you in regards to a money claim addressed to me by your company, Civil Enforcement Ltd.

I have finally received the Particulars of Claim today (26/10/2017), which are rejected because they should have been sent to me by 23/10/2017 at the latest. Your company is in breach of CPR 7.4 because your particulars have been served out of time. In default of service, it is a fact that Civil Enforcement is in breach.

In order to get permission for late service of particulars, the claimant must apply to court for relief from the sanction (CPR 3.9). The test is that in Denton v TH White Ltd [2014] EWCA Civ 906.

As an unrepresented Litigant-in-Person, I consider that a delay of several days is more than trivial and, in the context of a claimant professionally represented with volume claims before the court, I believe that compliance with the court timetable is an imperative, and your breach has caused me significant detriment.

Accordingly whilst I consider the position, I require a copy of the certificate of service filed at court, verified with a statement of truth from a named individual, confirming the date of service. In the meantime, since no valid Particulars have been served, the matter is unable to proceed and there is no requirement upon me to serve a defence at this stage, and nor will you be able to enforce the claim.

Yours faithfully,

_________________

KeithP

Snagger wrote: »

...am I right in thinking I should just send it 1st class, not recorded or special delivery?

You are right in thinking that.

Snagger wrote: »

As I have already filled in my AOS, my deadline is 6th November, what should I do if I don't hear anything back from CEL?

Have another read of post #16.

logician

Snagger wrote: »

the POC inside is dated 11th October.

.

Which is likely to be the date they posted /filed with the court.

Looks like the latest wheeze with CEL who are back again sending out late particulars of claim to Defendants.

If you elect not to file a defence, then it is my hunch that CEL will apply for a default judgment.