Is Claim Form valid? FURTHER UPDATE CLAIM HAS BEEN STRUCK OUT - ALL OVER?

Romeo5793

Sorry to post before defence stage - have read the NEWBIE thread.

I have received a "Claim Form" in the "County Court Business Centre" with a claim number and issue date of today. I can't phone the number to check if it is genuine as it is closed today.

"Claimant" is signed with the words, not signature, Civil Enforcement Limited (Claimant's Legal Representative"

Is this a Letter Before Claim or the actual County Court Claim from where I need to now Acknowledge and then prepare defence etc? There is a Response Pack but no 30 day deadline. It just says "you have a limited time in which to reply to this claim form"

Thanks

Quentin

If you read all the notes accompanying this form you should be able to confirm to your own satisfaction that this is a county court claim.

If so follow the advice in the newbies FAQ thread near the top of the forum on how to proceed

#2 there covers Court claims from receipt of the claim to the hearing

First job is to complete the AOS. A walkthrough for this is in that post

Romeo5793

Shouldn't there be an official court stamp? Mine is just a printed black circle with a crown and the words "The County Court" in it?

My concern is that it is a fake N1 claim form and is actually the Letter before Claim - in which case my next course of action is different I think?

"It is not unknown for parking companies to complete N1 claim forms and send them directly to the defendant. Since most people have never seen an N1 claim form before, they may think a claim has been issued and pay up. This tactic is used to get defendants to pay without the parking company incurring the issuing fee. However, if the N1 claim form does not have a court seal stamped on it, then it’s not yet been issued."

I don't want to play my hand too early by acknowledging it if it is the next standard threatening letter from CEL (I've had all the debt collector harassment ones ZZZL). I am the reg keeper but not the driver.

Thanks again - I appreciate that this is still not really specific enough to warrant a response - I will be pursuing a defence etc as and when the time comes.

KeithP

Romeo5793 wrote: »

I have received a "Claim Form" in the "County Court Business Centre" with a claim number and issue date of today.

Please confirm the Issue Date printed on your Claim Form. I find it hard to believe that the Issue Date is today's date - 1st June 2019.

Quentin

Romeo5793 wrote: »

Shouldn't there be an official court stamp? Mine is just a printed black circle with a crown and the words "The County Court" in it?...

Don't ignore this


You are mistaken! (You don't get 30 days to respond!!)


That printed circle is the seal I think you are referring to when you say "stamp"


Now read up on this in the newbies faq thread (#2)


That post shows you how to deal with a court claim right the way to the hearing

Romeo5793

Sorry, Issue Date is 31 May 2019, I got it in the post this morning.

Right off to do the Acknowledgement of Service.

Can / should I still make a SAR or appeal to the landowner? (driver hasn't kept any of the previous paperwork)

Quentin

Yes to both

KeithP

With a Claim Issue Date of 31st May, you have until Wednesday 19th June 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 the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Wednesday 3rd July 2019 to file your Defence.

That's over a month away. Loads of time to produce a perfect Defence, but don't leave it to the 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 "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 the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Le_Kirk

You don't submit SARs to the landowner but to the PPC, in your case Civil Enforcement.

Romeo5793

Thanks guys for all your help. It's reassuring to know the experts are there. I have done the AOS and saved the confirmation PDF. I will now send and email and letter to Civil Enforcement Ltd to ask for all their info. I will also contact the landowner to complain about harassment from their parking company when I am a loyal customer etc. I will then prepare my defence. Thanks again for your help.

Coupon-mad

Shouldn't there be an official court stamp?

No. CEL no longer play the trick of sending blank court forms. That was years ago.

When you have read all the examples in the NEWBIES thread, let's see your defence.