Assistance with defense for county court - passed the 14 day period but not my fault!

KeithP

Todd91 wrote: »

just checked and it says there are no records and is in green - i think this is good?

Yes, that is good.

As already advised, get your Defence filed today.


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 words Urgent and Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
6) Phone the CCBC on Monday morning to draw their attention to your urgent Defence.

Quentin

Todd91 wrote: »

just checked and it says there are no records and is in green - i think this is good?

It is if you gave the incorrect address used on your claim form when enquiring?

Todd91

Quentin wrote: »

It is if you gave the incorrect address used on your claim form when enquiring?

i used the address the claim was sent to (the old address)

i have also sent my defence, but honestly, i'd rate it as a -100 out of 10000

**BY SENT I MEANT I HAD POSTED IT FOR HELP, I HAVE NOT YET ACTUALLY SENT IT

the more i read about defences, the more i got confused

Coupon-mad

Use the first one, but is #9 correct, are CEL about to be terminated from the site? If not, remove that assertion BUT KEEP THE FIRST SENTENCE OF IT.

4. [STRIKE]Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass.

4.1.[/STRIKE] However, it is denied that the vehicle was - by any reasonable interpretation - unauthorised, or that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant to pay any penalty in addition to the paid-for tariff, whether express, implied, or by conduct.

I believe point 4 and 4.1 may not be needed as the particulars state that the claim is for a breach of T&Cs

Just remove the first bit as shown, and add the bit I've shown in red, because the driver DID enter into a contract over the phone by paying the tariff, but what they didn't do was agree to pay £100 more.

And this, for obvious reasons, needs the bit I have added:

3. The facts are that the vehicle, registration XXXX, of which the Defendant is the registered keeper but which more than one person was authorised and insured to drive, was parked at the car park stated, however the ticketing machine was out of order. The Defendant was an occupant of the car, however the Claimant has failed to identify the driver and the Defendant has no obligation to, and will not, name the driver. Upon realising [STRIKE]this[/STRIKE] that the machine was out of order, the Defendant took reasonable steps to quickly resolve the issue and questioned staff in the closest shop to the car park, thinking it belonged to them. When the defendant was informed that it in fact did not, the defendant went back to the ticket machine and noticed among the wordy text on the sign, that payment could be made over the phone. The Defendant then commenced payment and set up a new card payment.

Add a section that the keeper cannot be held liable due to the C opting not to use the Provisions of the POFA, and that a decision not to name the driver cannot be used to draw any adverse inference, as per the POPLA Annual Report 2015 section on 'Understanding Keeper Liability' by expert parking adjudicator and barrister, Henry Greenslade.

Like points #1 and #2 here:

https://forums.moneysavingexpert.com/discussion/comment/74675709#Comment_74675709

And did you have a point saying that the Defendant served the claim to an old address they knew was not your current address for service? You should have that in the defence.

HTH

Todd91

Coupon-mad wrote: »

Use the first one, but is #9 correct, are CEL about to be terminated from the site? If not, remove that assertion BUT KEEP THE FIRST SENTENCE OF IT.


Just remove the first bit as shown, and add the bit I've shown in red, because the driver DID enter into a contract over the phone by paying the tariff, but what they didn't do was agree to pay £100 more.

And this, for obvious reasons, needs the bit I have added:



Add a section that the keeper cannot be held liable due to the C opting not to use the Provisions of the POFA, and that a decision not to name the driver cannot be used to draw any adverse inference, as per the POPLA Annual Report 2015 section on 'Understanding Keeper Liability' by expert parking adjudicator and barrister, Henry Greenslade.

Like points #1 and #2 here:


And did you have a point saying that the Defendant served the claim to an old address they knew was not your current address for service? You should have that in the defence.

HTH

Thank you very much for your help with this it is all being done now and I have already tried to call the court but will try again shortly.

I am really worried about this!

If it goes to court, is there a strong chance this will be ruled in favour of the defendant?

Todd91

Also, just for my information, if the judgement is that they agree with the CEL for whatever reason, does it instantly go to CCJ or do they allow for payment to be made first and then if that fails, a CCJ is issued?
thanks!

Umkomaas

A CCJ is issued immediately, but you are given a deadline (normally one month) in which to make the payment. If it's done within that deadline the CCJ is removed.

Loadsofchildren123

Send this to the court with your defence, and copy to CEL.
If you've already submitted the defence, send this letter anyway, separately.


Dear Sirs,


I ask that this letter is put on the court file with my Defence.


The Claimant has knowingly issued the Claim against me to an address which it knows is out of date. I have informed the Claimant twice, on x and x, of my new address.


The Claimant has chosen to ignore this, which is disgraceful.


After I moved out of my old address on x I used the Post Office redirection service. The claim form was eventually received by me under this redirection service, but only on x, some x days after issue.


This left me technically out of time to file an Acknowledgment of Service and my Defence. Since I do not believe that the Claimant has applied for judgment in default, I have now filed a Defence, but this obviously had to be prepared in a tremendous hurry which I believe leaves me at a disadvantage.


If judgment in default has been entered then I will of course ask that it is set aside, given that I can show beyond doubt that I referred the Claimant to my new address on two separate occasions, which it chose to ignore.


I confirm that I have sent a copy of this letter to the Claimant.


Yours faithfully


Send a copy to CEL with a similarly worded complaint and a request for an explanation.

Loadsofchildren123

The other alternative is to ask CEL and the court for extra time to put in your defence. But the risk is that CEL apply for default judgment before responding to you/before the court responds.


Having said that, you do have a good case to ask for extra time (CEL knowingly using an incorrect address and you can prove you told them and that the wrong address was used on the claim form, and you can say what date you did actually receive it).


If CEL do the dirty and hurry to apply for Default Judgment knowing you've asked for extra time, you'd have a really good case (I hesitate not to say cast iron because I don't think you can ever describe anything as that) to get it set aside, and to get costs.


If you want to do this, write in these terms:


To court:


Dear Sirs,


URGENT: LATE SERVICE OF CLAIM FORM AND REQUEST FOR EXTRA TIME TO FILE DEFENCE


I am the Defendant in claim number x.


The Claimant has corresponded with me since x date about the claim. On x date I moved house and informed the Claimant of my new address (copy letter enclosed).


The Claimant continued to write to my old address. I received the letters (albeit after a delay) because I had set up and paid for a postal redirection service.


I told the Claimant again what my new address was (copy letter enclosed).


The Claimant has chosen to ignore this and on x date issued a claim using an address for me which it knew was incorrect. Normally, a claim is deemed served 5 days after issue, which in this case would be x. I actually received it on x, some x days later.


On the day I received the Claim Form, I was already out of time to file a Defence.


I want to avoid having judgment in default being entered against me, which I would then have to apply to set aside. I have a genuine defence to the claim and wish to have an appropriate time in which to draft and submit my defence.


I have therefore asked the Claimant to agree to an extension of x days, meaning that I will file my defence by x date. I enclose a copy of my letter to them.


Whilst I have tried to agree the extension of time with the Claimant, I am concerned that it may apply (or have already applied) for judgment in default to be entered against me. I am therefore also writing to the court to make the same request.


Yours faithfully




Then to CEL:


Dear Sirs,


Please find enclosed a copy of a letter I have sent to the court today, which his self explanatory.


You have used an old address, although I had informed you twice that I had moved and had confirmed my new address.


I am clearly entitled to time to compile and file a defence. The defence was due on x, but you will see that I did not actually receive the Claim Form until this time limit had passed.


I do not believe that you have applied for judgment in default (and if you have, I will ask you to withdraw that by consent, because I clearly have grounds to set it aside). I therefore request an extension of time of x days to file my defence (ie x date).


Because of the circumstances and time constraints, I have notified the court of this request.


Yours faithfully






Technically if you ask the court for an extension you're supposed to formally apply (and pay a fee) but the court has powers to make orders of its own volition, and also to treat a letter as an application (without requiring the fee). In this case I'd just do the letter.


The only risk in this approach (rather than filing your defence) is that judgment gets entered - but you'd have really strong grounds to get it set aside. It would be extremely shoddy of the C to apply for it now, when it's been put on notice that you didn't receive the Claim Form because they knowingly used an incorrect address.


Complain to your MP about this shower.

Todd91

Thank you very much for your help @Loadsofchildren123 - i appreciate it a lot

in response to your second post, I have sent the defence of now via email, so is there a need to request more time to organise the defence?

thanks