CEL threatening with court, help!

Le_Kirk

Pasta_Bake wrote: »

Just to be sure, I don’t need to be doing the MCOL and how to acknowledge service just yet do I?

You won't be able to submit you AoS yet unless you have received the court papers from CCBC at Northampton with all the reference numbers and passwords and not told us. As advised, sit tight and wait for it.

Pasta_Bake

Hello everyone, just recently had my court letter through and have just finished my AOS, now time to start my draft defence letter. Any advice on where to start or is there a template anywhere I can use?

KeithP

Pasta_Bake wrote: »

Any advice on where to start or is there a template anywhere I can use?

Re-read the last sentence of post #19 above.

Here it is again:

You could pass the time reading and re-reading post #2 of the NEWBIES thread until you thoroughly understand the next parts of the process.

What is the Issue Date on your Claim Form?
Did it come from the County Court Business Centre in Northampton, or from somewhere else?

Pasta_Bake

Yes it has come from CCBC in northampton the issue date is the 15th August 2019

Coupon-mad

OK, so show us your draft defence next, once you've done the required reading.

KeithP

Pasta_Bake wrote: »

Yes it has come from CCBC in northampton the issue date is the 15th August 2019

With a Claim Issue Date of 15th August, you have until Tuesday 3rd September to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL]. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Tuesday 17th September 2019 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence could 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 "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL] to find out exactly what to do with it.

Pasta_Bake

So here is the draft defence I’ve got at the minute, I took the majority of it from one of the threads but tailored it to suit me, but not putting my full name or claim number yet. Is it possible to add photos to your defence or do I do this at the witness statement stage?


IN THE COUNTY COURT

CLAIM No: xxxxxxxx

BETWEEN:

CIVIL ENFORCEMENT LTD (Claimant)

-and-

Xxxxxxx (Defendant)

________________________________________
DEFENCE
________________________________________

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts are that the vehicle, registration XXXX, of which the Defendant is the registered keeper, was parked on the material date with no understanding that it was a private car park as there was no clear signage upon entering the car park.

3. The Particulars of Claim state that the Defendant xxxxxxx was the registered keeper and the driver of the vehicle xxxxxx These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.

4. 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. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.

5. Further and in the alternative, it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. They merely state that vehicles must be parked correctly within their allocated parking bay, giving no definition of the term 'correctly parked', nor indicating which bays are allocated to whom.

6. The terms on the Claimant's signage are also displayed in a font which is too small to be read from a passing vehicle, and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract.

7. The Claimant is put to strict proof that it has sufficient prorpietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

8. The Protection of Freedoms Act 2012, Schedule 4, at Section 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. The claim includes an additional £94.49 for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

9. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

I believe the facts contained in this Defence are true.

Name
Signature
Date

Le_Kirk

Evidence such as photos does come at Witness Statement stage as you say. I think there is a contradiction between your points 2 & 5, in one point you say there was no clear signage and in the other you go on to describe how the font is small and, in quite some detail, what it says. Not saying you shouldn't use point 5 but you maybe need to say that, "during research carried out after having received the PCN, the defendant discovered ............ "

Pasta_Bake

Changed and shortened paragraph to this, make a lot more sense now without contradicting I feel but is this to vague now?

5. During research carried out after having received the PCN the defendant discovered that the claimant's signage sets out the terms in a sufficiently unclear manner which would be incapable of binding any reasonable person reading them.

Le_Kirk

Well you could add the rest of point 5 (assuming that is what the signs say), given that you are now pointing it out AFTER having done research and not claiming to have seen the sign at the time of the parking event.