CEL Claim Form - Advice on Defence Please

KeithP

Proof reading needed.
Read the first sentence of that letter again.

Loadsofchildren123

Berribear wrote: »

Thanks for the info LoC.


Okay, here is my complaint letter that will be sent to CBBC and CEL:-


31st October 2017

Dear XXXXX

Claim number [xxxxxxx]

Regarding Claim Form XXXX I am writing to draw to your attention that the Claimant has deliberately backdated the Particulars Of Claim which were served separate to the Claim Form pursuant to CPR Rule 7.4(1)(b).

The Claim form was issued on 10th October, stating that the Particulars of Claim would be provided to me within 14 days after service of the claim form

The further Particulars of Claim and covering letter were sent under cover of 27th October. As such, according to Rule 6.3(b) they were served on 30th October (as 28/29 October were Saturday/Sunday). However, they were dated the 11th October. , but not actually posted until the 27th October and received on the 28th October, a Saturday, meaning service was on the 30th October and


Service on 30 October means that my defense is therefore not due until the 13th November (Rule 15.4(1)(a)).

The Claimant has made a poor attempt to conceal the actual date on which it served the further Particulars by backdating them by 16 days, together with the covering letter. breach by the Particulars of Claim and the covering letter being backdated 11 October, whereas they were only posted on the 27th October and received on 28th October. This is clearly demonstrated by the post mark on the envelope they arrived in, which shows the date of posting as 27th October, a copy of which I have provided as evidence
The Civil Procedure Rules are quite clear - under Rule 3.8 the court should apply the sanctions unless the Claimant has applied for relief under 3.9. OP I don't think your PoC were actually out of time so don't bother with this. The intention of this letter is to make sure the court doesn't think the PoC were served on 11 October, but much later, so that you don't get accused of late filing of your defence.

I cannot fathom any reason for the Claimant having backdated its further Particulars of Claim, other than to try to gain an advantage by making it appear that I have filed my defence late, or by confusing me into having to rush to file my defence prematurely. This is a serious matter and I ask that this is formally noted on the court file.

This is a commercial Claimant pursuing many other claims of this nature. It must therefore have knowledge of, and understand, the Civil Procedure Rules and these sorts of blatant breaches should not be allowed because they prejudice Litigants in Person who are not versed in court procedures and the court rules. It is with some difficulty that I have understood the various obligations and time limits set out in the Civil Procedure Rules, as a Litigant in Person, whereas the commercial Claimant has no such excuse.

Yours Faithfully

Amendments in red, one comment in green. I don't think you should bother with rule 3.8/9 because I don't think they were out of time. The real issue is preventing anyone from thinking they were sent on 11 October which would mean your defence is due much earlier than it actually is.

Berribear

Thank you so much for taking the time to respond and help, I really appreciate it!

Berribear

So is my defence okay?

As long as I remove the failure to serve PoC in time and elaborate about backdating?

Lamilad

I haven't received a PCN or follow up letters

Your defence looks ok to send but you should add that you have never received a PCN and as such had no opportunity to appeal this baseless charge. If you had you could have advised the claimant that their charge was misconceived and avoided litigation in the first place.

Lamilad

Also, I presume (and hope) that you have never communicated with them about who may have been driving?

Coupon-mad

And hope you removed the (dark green) comments from the complaint letter LOC123 re-worded.

Berribear

Okay I'll add the details about not receiving the PCN to the defence

Laminad, I haven't engaged CEL in any communication at all

Couponmad, yes I've deleted out the green comments from LoC

Okay, I'll send the defence to CBBC

I would like to get in touch with CEL to complain about backdating the PoC. Does anyone know CEL's email address, I've searched on their website and on here but couldn't find it. If no one knows it I'll ring them tomorrow and ask for it

Thanks for the help

Coupon-mad

No, you NEVER EVER ring a parking firm. EVER.

You can find CEL's email by Googling to find other appeals threads or simply doing a 'Google image' search for a CEL Notice to Keeper with it on (if yours doesn't).

Loadsofchildren123

[text removed]

Re the time limits - the rules are somewhat unclear where Defendants are mistakenly filing an AoS prior to the PoC being served whether a D has 28 or 14 days to file the Defence. The AoS has not been filed properly under Rule 10.
Johnersh, the other practising solicitor regular, and I have both considered this point and have advised that it is best to err on the side of caution and serve the defence within 14 days of the PoC, which is what is left of the 28 day R15.4(1)(b) time limit following service of the PoC (if you cut out the 14 days for the AoS).