County Court Claim Defence

Ensu

Hello all, and thank you for taking a look at this post.

We have received a Claim Form from the County Court Business Centre on behalf of Civil Enforcement LTD. All facts relevant to the charge are entered below in the defence. Civil Enforcement LTD have refused a direct appeal through their website, but no other correspondence was undertaken, despite a number of harassing letters from them, ZZPS Limited and QDR Solicitors. The driver was not the registered keeper of the vehicle, but the vehicle is not longer the property of the registered keeper or the driver. Would you be able to look it over and point out where we've made mistakes?

Much obliged.

---

In The County Court

Claim No: XXXXXXXXXXXXX

Between

XXXXXXXXXXXX (Claimant)

-and-

XXXXXXXXXXXX (Defendant)

____________
DEFENCE
____________


1. The Defendant was the driver of vehicle registration number XXXXXXXXX on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts of the matter are that the Defendant used the car park for its intended function, to deliver a registered guest to the Future Inns Hotel Plymouth. The ‘land’ which forms the basis of the current claim consists of a car park outside the Future Inns Hotel Plymouth, which was not significantly signposted at the time in question. On the supposed violation date, XXXXXXX, the AXXX and XXXXXX Rd were both under heavy roadworks with metalworks exposed. Along these roads, high railings were in place concealing any existing signage. At the time of entry to this car park it was after-dark and lit only by dim lamps, which did not illuminate any signage the driver could observe. The driver parked outside the directly outside the front entrance to the Hotel and on their route to the reception desk there were no signs to indicate that registration was required for the car park, this is to be compared to other hotel chains which clearly state the need for registration at their front door and at their reception desks. The Future Inn Hotel’s own website, viewed the day before this journey, stated only that parking was free and made no mention of required registration. The staff at the Future Inn Hotel reception desk did not offer to register the vehicle, and they even suggested that the driver walk to the nearest cash machine when they refused a cash-back service. Given this lack of clarity regarding the intention to charge vehicles that are used for drop-off, and the short period (18 minutes, 3 minutes more than the supposed “grace period” that was also not made clear until the arrival of a PCN) for which this vehicle remained in the car park it can be reasonably assumed that the car park was used only for the purpose intended by Future Inns Hotel Plymouth.

3. Accordingly, it is denied that the Defendant breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct.

4. The Claimant is put to strict proof that it has sufficient interest in the land or that there are specific terms in its contract to bring an action on its own behalf. As a third party agent, the Claimant may not pursue any charge, unless specifically authorised by the principal. The Defendant has the reasonable belief that the Claimant does not have the authority to issue charges on this land in their own name, and that they have no right to bring any action regarding this claim.

5. The Defendant has the reasonable belief that the Claimant has not incurred £234.43 costs to pursue an alleged £100 debt. The Protection of Freedoms Act 2012, in Schedule 4, Para 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100.

6. In summary, the Claimant's particulars disclose no legal basis for the sum claimed, and the Court is invited to dismiss the claim in its entirety.

Statement of Truth:

I believe that the facts stated in this Defence are true.

Name
Signature
Date

KeithP

Hi and welcome.

What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

Coupon-mad

That's a decent defence.

Ensu

Hello there,


I can't claim complete credit - I was browsing a few threads and found a very concise and helpful template one of your members made for another case.

The Issue Date was 31 Jan 2019, I have sent the Acknowledgement of Service.

The Court Address was County Court Business Centre, Northampton.

KeithP

Ensu wrote: »

The Issue Date was 31 Jan 2019, I have sent the Acknowledgement of Service.

The Court Address was County Court Business Centre, Northampton.

With a Claim Issue Date of 31st January, you had until Tuesday 19th February to do the Acknowledgement of Service.

Did you do the AoS by that date? Please confirm.

Having done the AoS, you have until 4pm on Tuesday 5th March 2019 to file your Defence.

That's just over a week away. Loads of time to produce a 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 suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. 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'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Ensu

Can confirm that the AoS was filled out, signed and posted in time before that date.

Coupon-mad

You really are on it.

Glad to see that; it bodes well, as long as you stick around here, read lots of threads like yours to follow what happens with people ahead of you, and are ready for each stage, having read bargepole's post about 'know what happens when'.

Ensu

I have received a confirmation of cancellation from Civil Enforcement Ltd. Attached to their letter is form N279 which is a Notice of Discontinuance. However, on the N279 the space for the name of the judge and the date of the order are not filled in.

Can anyone confirm whether this is normal procedure, or if Civil Enforcement Ltd. are employing a tactic to prevent me from supplying evidence to the court or appearing at the trial.

Thanks for your time!

beamerguy

Ensu wrote: »

I have received a confirmation of cancellation from Civil Enforcement Ltd. Attached to their letter is form N279 which is a Notice of Discontinuance. However, on the N279 the space for the name of the judge and the date of the order are not filled in.

Can anyone confirm whether this is normal procedure, or if Civil Enforcement Ltd. are employing a tactic to prevent me from supplying evidence to the court or appearing at the trial.

Thanks for your time!

YES, CEL often do this because their claims are rubbish. They take it to the limit hoping you will pay. Terriible unruly company.

For your peace of mind, phone the court for confirmation

Ensu

Thanks for the advice, I've called the court and they confirmed the claimant had cancelled their claim.

Well that's earned a sigh of relief.

Thank you all for your hard work in this and many other threads, keep fighting the good fight!