Defence Statement - Civil Enforcement

Franksmith

1. Hi I received my DQ from the courts, just to confirm are the instructions below still correct?

"Filling out the form

A1 = Say NO to mediation (they want the whole amount, you want to pay them nothing, so no scope for mediation. This will not go against you). Mediation is run by a commercial company on behalf of the courts and their success is measured by how many cases are kept out of court. They are not interested in the merits of the case, only whether you will pay or not. So say No.

B = fill in all the details, your name, your address, etc. This is the address that all the paperwork will be sent to. If you are moving home within 6 months make sure you have mail redirection in place. You will get a default CCJ if the paperwork doesn't get to you as the Courts see it as your responsibility to give a correct address.

C1 = YES to small claims track – this is the limited costs track for claims up to £10,000 in value

D1 = name of your local County Court – unless you are a Limited company, the case files will be transferred there. They will ask for theirs but protocol dictates it is your court. For example, MIL Collections always asks for Truro and Devere Parking always ask for Bournemouth. You, literally, do not want to go there.

D2 = NO to expert evidence (this relates to medical negligence cases and suchlike)

D3 = 1 witness (that’s you) (or more if you are going to get another person to provide a statement)

D4 = Put down the dates of any pre-booked holidays, NO to interpreter (unless you need one)

You send a copy to the courts and another copy to the Claimant company. Keep a copy for yourself. As mentioned before, there is a long delay (20+ weeks) between this form and an actual day in court."



2. And after filling them up I should send them via post (I will send via recorded delivery for obvious reasons) to the courts and CEL?

nosferatu1001

Yes of course they're correct. The form hasn't changed.

You're told exactly what to d on the form, which is serve on claimant and file with court. No one ever, ever says to use recorded delivery. First class with free proof of posting.

Coupon-mad

You don't need to ask if bargepole's thread is still current, as it's linked in the sticky thread which is the up to date info regardless of date of original posting. Also KeithP pointed you where to look in post#2 above.

should send them via post (I will send via recorded delivery for obvious reasons) to the courts and CEL?

For obvious reasons covered hundreds of times on this forum, NEVER EVER use recorded delivery to a parking firm.

The DQ should be emailed to both.

Franksmith

Okay thanks guys I shall email my DQ to both!

Franksmith

Update
I sent of DQ, received a letter a few weeks ago saying the case had been passed onto my local preferred court (somewhere in north London).

Yesterday I received a letter saying the judge at my local court has passed the case onto a court in East London (this is still okay).

In the letter it said "the order has been made by the court under its own motion under case management powers set out in part 3 civil procedures rule 1998. Any party affeceted by the order may apply under rules 3.3(5) to have it set aside, varied or stayed provided that any such application is made to the court no more than 7 days after the date on which this order was served..."

Can anyone tell me if this is anything to worry about or could be used to stay the case?

Thanks

KeithP

That is just saying that if you object the Order - the moving of the case to East London - you have seven days to do so.

Franksmith

Hi guys, thought I would update you as it seems most of these threads don't have a conclusion.


The next letter I received was in early September with instructions from the judge stating the court date was at the END of October. The judge also required civil enforcement to pay the court fee by EARLY October or else the claim would be struck out.

Great new! It didn't have to go that far, they threw in the towel very recently - without giving any specific date, they have discontinued the claim.

Thanks to everyone on here they have been harassing me for nearly 18 months. Is there anyway I can start some sort of counter claim for them wasting my time and energy?

Le_Kirk

You can start a counterclaim by using MCOL (the same system they were using against you), it will cost you money (you get it back if you win) but the bar is set high for unreasonableness. Search the forum using counterclaim as your keyword(s) and change the radio button from threads to posts.