Civil Enforcement Ltd Defence Advice

KeithP

RJ11 wrote: »

KeithP,

Sorry for being vague with dates, just conscious about putting too much info on a forum. The two claim for the same alleged offence arrived one day apart, the first on Oct 17 and the second on Oct 18. Thanks

You say they arrived on 17th and 18th October, but what is the Date of Issue printed on each?

nosferatu1001

Inded, what is needed is exactly what was asked for
DOnt give somehting else - if you dont understand, say so!

RJ11

Issue Date on the two Claim Forms are 17th and 18th October. Not sure why I stated arrived when I should of said dated, sorry.

The two Claim Forms have different Claim Numbers but the same PCN ref.

KeithP

RJ11 wrote: »

Issue Date on the two Claim Forms are 17th and 18th October.

The two Claim Forms have different Claim Numbers but the same PCN ref.

Not too sure why you have two Claim Forms chasing the same PCN, and sorry, I don't know how to resolve that.


With a Claim Issue Date of 17th October and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 19th November 2018 to file your Defence.

Over two weeks to go. Loads of time to produce an excellent Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as described here:

1) Print your Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.


If needed, the deadline date for the Defence for the second Claim Form is one day later than that mentioned above.

RJ11

Is there any advice on the fact that I changed my car in October 2017 (alleged offence in August 2017), then moved house in March 2018. Surely no longer owning the car or living at the same address would mean some paperwork never reached me at my new address as I was no longer the keeper of that vehicle when I moved?

The only reason I got the Claim Forms was because the lady who purchased my house in March 2018 then sold it on in August 2018 to a person who knows me so they handed the post on to me from the date they moved in. Without that I would never of received or known about the action against me.

Unusual circumstances perhaps but might help?

Thank you for any further advice.

KeithP

You must have received some mail about this between August 2017 and March 2018.

What did you receive during that time - while you were at your old property?

If things were getting serious, it might have been wise to notify the PPC of your change of address.

If you haven't done so already, you now need to make sure that both the PPC (and their solicitor if appropriate) know your current address for service.

RJ11

I received a PCN but put it in the bin as I was told they were unenforceable. So you are advising contacting the PPC directly? On my AOS I didn't put my new correspondence adddress.

Coupon-mad

I say defend both claims and let the PPC waste money on them both till they realise and have to discontinue one, leaving you to carry on with the Witness Statement and evidence stage for the other, knowing they've wasted a court fee.

I find it hilarious to think of an aggressive Claimant paying a court fee and spending time on a baseless claim, then realising much later that they have no case and they must discontinue it, LOL...!

RJ11

Thanks Coupon-mad,

I returned both AOS and so will send my defence twice too. Any thoughts on my draft defence from the background info I have written in my earlier posts? Thanks again for helping me.

Coupon-mad

Defence Statement

should be

DEFENCE

And you say this:

The defendant admits that he was the registered keeper of the vehicle ******** but denies being the driver on **/**/**

but this (below) contradicts you denying being the driver, so can you honestly DENY it, or should you be saying there is no evidence as to who out of the possible drivers of that car at the time, parked it that day:

6. In the absence of any proof of adequate signage that contractually bound the Defendant there can have been no contract and the Claimant has no case, the Defendant puts the Claimant to full proof thereof.

Remove any argument about planning consent:

a) The Claimant is put to strict proof that at the time of the alleged event they had both advertisement consent and the permission from the site owner to display the signs.
b) Without such consent, the Claimant was committing an offence by displaying their signs and therefore no contract could have been entered into between the driver and the Claimant.

Add near the start, the facts that you know as keeper:

Background

The driver parked in a free car park where it transpires they had started to enforce a maximum 40 minute stay. The driver stayed for just over an hour. The driver did not notice the new signs which are sporadically displayed and the one at the entrance unreadable because as you enter the car park it is fixed to a gate, which when the gate is open, sits at a 90 degree angle to the entrance, so a driver entering the car park would be unable to read it.

I (keeper) have received 2 claims for the same offence from County Court Business Centre (Northampton). The claim is for an offence in August 2017 for breach of terms and conditions.