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Help with a Defence letter please?!
dannyv92
Posts: 5 Forumite
Hi all
I received a court claim letter from civil enforcement ltd, i have log into moneyclaim and acknowledged the claim i have asked on other forums advise,
i need to construct a defence letter asap and have been told on these grounds i have been told to mention a parking charge notice issued for and i quote another member 'The alleged breach was "authorised vehicles only". This suggests signage that says no unauthorised parking and there was never an offer to park. There can be no contract for something forbidden and so there can be no breach. The charge is a penalty, which is not allowed. The only claim would be by the landowner for trespass.'
another member mentioned this ' You've got the more recent inadequate Particulars only that give no explanation what the driver did that entitles CEL to a payment
You therefore want one of the defences that asks the Court to strike out the claim as in breach of CPR 16.4 - failing to disclose any cause of action'
If anyone has had any experience can link me any examples or help me out i will be extremely grateful
i will buy anyone who helps a beer/wine
thank you
I received a court claim letter from civil enforcement ltd, i have log into moneyclaim and acknowledged the claim i have asked on other forums advise,
i need to construct a defence letter asap and have been told on these grounds i have been told to mention a parking charge notice issued for and i quote another member 'The alleged breach was "authorised vehicles only". This suggests signage that says no unauthorised parking and there was never an offer to park. There can be no contract for something forbidden and so there can be no breach. The charge is a penalty, which is not allowed. The only claim would be by the landowner for trespass.'
another member mentioned this ' You've got the more recent inadequate Particulars only that give no explanation what the driver did that entitles CEL to a payment
You therefore want one of the defences that asks the Court to strike out the claim as in breach of CPR 16.4 - failing to disclose any cause of action'
If anyone has had any experience can link me any examples or help me out i will be extremely grateful
i will buy anyone who helps a beer/wine
thank you
0
Comments
-
there are scores of CEL defences on here over the last 6 months, so try a forum search
do this AFTER reading through post #2 of the NEWBIES FAQ sticky thread at the top of this forum, which also includes examples0
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