CEL draft Defence

ruffneck247

I have a very similar one to this with CEL, dated 10/10/17. I have received no POC as yet, do I give more time for these or start my defence. Problem is without the POC it is very hard to defend the claim.

Coupon-mad

ruffneck247 wrote: »

I have a very similar one to this with CEL, dated 10/10/17. I have received no POC as yet, do I give more time for these or start my defence. Problem is without the POC it is very hard to defend the claim.

Already covered in every single other CEL defence thread, this is too much:

http://forums.moneysavingexpert.com/showthread.php?t=5728773

Coupon-mad

Farmer_BarrleyMow wrote: »

Would the following email to CCBC suffice ?

Dear Sir or Madam,
I am writing to you reference the above claim dated the 04/10/2017, the claimant has committed to supply separate detailed particulars within 14 days after service of the claim, this has not happened with nothing being received by myself from the claimant. There are no details as to what the claim is for on the claim form and as I have no idea as to what it pertains I have no way of formulating a defence.
I would like to ask the court if they could make an order to strike the claim exercising its own powers as set out under CPR Rule 1.4(2)(C) and Practice Direction 26 paragraph 5.1 or alternatively to treat this letter as the application under CPR part 23.3(2)(b).

Many Thanks

You could change the last paragraph to something like this (thanks to LoadsofChildren123 and to Johnersh):

In default of service, it is a fact that Civil Enforcement is in breach of CPR 7.4 and as such, I ask that the claim is struck out pursuant to CPR Part 3.4.

I am aware that the Court may make such an Order of its own volition, by exercising its inherent case management powers under CPR Part 1.4(2)(c) and Practice Direction 26, paragraph 5.1.

If the Court does not wish to make an Order under Part 1.4(2)(c) it has the power to treat this letter as an application and dispense with the requirement for me to file a formal application - this power is contained in CPR Part 23.3(2)(b). I am significantly disadvantaged by this Claimant, a regular litigator with legal representation and who apparently routinely file such claims, without Particulars, in want of any detailed evidence nor even a copy of the alleged contract supposedly breached, as if they are immune to the Practice Direction.

I invite the court to take this step without putting me - a Litigant in Person - to the time, trouble and cost of a formal application, given the unreasonableness of the Claimant's conduct.

And if the POC do then arrive late, send CEL the sort of letter I re-wrote for this poster:

http://forums.moneysavingexpert.com/showthread.php?t=5729074

Farmer_BarrleyMow

Ok so today the POC arrive (better late than never i supose)

Having said that they are a bare bones off the shelf statement quoteing all the stanard items:

ANPR in use
clear and visable signs
Vine v Waltham Forest london Borough Council (2000) 2 ALL ER 169
Parking Eye Ltd v Beavis
legal fees and interest section 69 CCA 1984

Summary of terms: Maximum stay 75 mins for KFC customers only if you exceed the free parking allowance, you agree to pay £100. To deter abuse of this car park these items apply 24 hrs a day.Additional costs will be incurred if payment is not received in 28 days.

There is no accompanying APNR info , photos etc
they state the vehicle was parked from 14:20 to 15:50
the letter is dated the 11/10/2017 but post mark on envelope is the 25th.

ruffneck247

I have just seen that I have legal cover on my house insurance, is it worth using it to defend the claim?

KeithP

ruffneck247 wrote: »

I have just seen that I have legal cover on my house insurance, is it worth using it to defend the claim?

Probably not.

Please start your own thread if you want to ask further questions.
It becomes too confusing trying to manage two incidents in a single thread.

Loadsofchildren123

You’re bound to have an excess to pay so probably not. The cover is also likely to apply only to claims over a certain value. Check.

Farmer_BarrleyMow

I have submitted my defence to CCBC via email, should i be able to see this registered on the MCOL web site ?

nosferatu1001

Yes, so call them if it doesnt show them.

Loadsofchildren123

You need to serve it as well on CEL