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CEL Claim Struck out. New claim submitted.

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Comments

  • So they have not served the Amended PoC? The original PoC have been struck out under that order. So without a new PoC there is currently NO CLAIM. If no new PoC served then the claim is to be automatically struck out under the order.


    You can't amend a PoC with a WS. The WS is meaningless without a claim being made out in a PoC.


    You need to get on to the court. Maybe they filed the new/amended PoC but didn't serve them on you. If they didn't, point out paragraph 1 of the order and ask that the claim be struck out. If they did, you need to tell the court the new PoC were never served on you. Confirm this in writing. Write direct to the District Judge who made that order and ask that he dismisses the claim because the new PoC were only filed and not served (the order clearly says they must be served not just filed - "filed" means sent to the court for the court file, "served" means sent to you). Point out that the C is a serial litigator who must understand the court rules and the meaning of the order (which was written in plain English). Alternatively, if (s)he is not prepared to do that then please can (s)he issue a new timetable because the old one is no longer appropriate given that you never received the new PoC.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Indeed, you MUST check with THE COURT. THEY are the people who know exactly what is going on here. We can just guess!

    IF a new PoC is all fine and dandy and you need to submit an *amended* defence, then its just that - you *amend* your original defence, crossing anything not relevant out and making any additions clear - red i think? - so it can be seen how you have altered it.
  • mrlowkey
    mrlowkey Posts: 10 Forumite
    Victory!!! Spoke to the court and a revised Poc was never submitted by deadline and the claim is struck. Thankyou so much to you all for giving me the confidence and info to get through this. Loadsofchildren, couponmad, Keith, you guys are legends for what you do on this forum. I can't thank you all enough.
  • Ralph-y
    Ralph-y Posts: 4,816 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    well done .... :j


    can you please now do your bit ;)

    as The Deep[ posted earlier ....

    https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill



    tell your MP about your experience in a complaint and ask him/her to contact Sir Greg Knight MP if he wants further information about this scam.

    Ralph:cool:
  • mrlowkey
    mrlowkey Posts: 10 Forumite
    Will look into this tonight after work. Least I can do to stick one to these scumbags. Their ethical practices are unbelievable.
  • Umkomaas
    Umkomaas Posts: 44,382 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Loadsofchildren, couponmad, Keith, you guys are legends for what you do on this forum. I can't thank you all enough.
    There are two gals in that list of names!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • mrlowkey
    mrlowkey Posts: 10 Forumite
    I'm was using guys as a unisex term :)
  • Umkomaas
    Umkomaas Posts: 44,382 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    mrlowkey wrote: »
    I'm was using guys as a unisex term :)

    LOL - to narrow it down, I guess KeithP isn't one of them (but who really knows on an Internet forum). I mean you really could be Mrs Low Key - no one here would ever know. :rotfl:
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I can confirm that I am unisex.

    Hope that helps. :D
  • Coupon-mad
    Coupon-mad Posts: 161,273 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    mrlowkey wrote: »
    Victory!!! Spoke to the court and a revised Poc was never submitted by deadline and the claim is struck. Thankyou so much to you all for giving me the confidence and info to get through this. Loadsofchildren, couponmad, Keith, you guys are legends for what you do on this forum. I can't thank you all enough.

    Yay! :T :T

    Well done, another scam PCN bites the dust!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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