CEL defence draft

[Deleted User]

If I'm still I time I'd amend this section. The attack on Cohen doesn't really add anything. Omit the pink stuff

The claimant failed to supply separate detailed particulars within the 14 days stated.
on the claim form served. The claimant is therefore in breach of CPR Part 7.4(2). The defendant avers that the claimants claim is now out of time. The claimant has not applied for relief from sanction.
Therefore failing their obligation to comply with the new protocols which came into force as of October 1st 2017. The late, backdated, particulars of claim are signed purportedly by Ashley Cohen, Mr Cohen was reported to sign off witness statements under London CouncilsPOPLA on behalf of landowners, for CEL POPLA cases falsely stating authority. It is submitted that he is a director of another company, Bemrose Mobile Limited which supplies the pay by phone payment methods for parking. Mr Cohen was a former director of Creative Contracts Ltd but has since resigned. Mr Cohen is therefore put to strict proof the capacity and authority he has in signing such statements.

5. The Claimant has added unrecoverable sums to the original parking charge.
The defendant has produced no evidence of any entitlement to charge unspecified and increasing sums. The defendant avers that the claimants claim to enhanced legal costs breaches the indemnity principle.
If Mr. Cohen is an employee then the Defendant suggests he is remunerated and the Particulars of Claim and draft are templates, so it is not credible that £50 legal costs were incurred.

Snagger

Thanks Johnersh, unfortunatly though I'd already submitted my defence :doh:

I thought I'd keep this thread up to date, today I received a letter from CCBC acknowledging my defence.

"I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimants solicitor). The claimant may contact you direct to attempt to resolve any dispute. If dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay."

So the ball is rolling.

I wonder if they manage to reply within 28 days...

I'll be back on if and when I have any more updates.

System

I wonder if they manage to reply within 28 days...

Often they don't and the claim goes into the "stayed" pile.

This does not mean the case is dropped, only that CEL can pay another fee to get it going again. So all you can do is to sit on your hands and get on with your life ... BUT check with the court after 6 weeks to make sure it is stayed.

Coupon-mad

Assuming the POC were backdated and you kept the envelope that proved they were not posted when dated, PLEASE NOW forward the complaint you made to the CCBC, to another email address.

We need LOTS of these to fly into a specific inbox now:

https://forums.moneysavingexpert.com/discussion/comment/73400735#Comment_73400735

Once that has been done, please confirm. We need to bombard the CCBC (specifically to Amanda Beck who is aware of this scam) with evidence about CEL.

Do this even though you've already emailed a complaint - forward it now!

System

@Snagger

How did this end up? Did they follow through or did it just die?

Quentin

The op hasn't logged in for some months

Maybe a pm might alert him/her to your post here