Civil Enforcement county court letter

Coupon-mad

I think you've copied an old one as this is not needed at the start:

DEFENCE STATEMENT
________________________________________

1. I am the Defendant, xxxxx, date of birth xxxxxxxx and reside at xxxxxxxxxxxx

It should be headed DEFENCE and you don't give your name an DOB and address here in a defence - the headings at the top already have your name.

You also have ''I'' and ''me'' and ''my'' in that statement which tells me you copied a WITNESS STATEMENT (a later stage you will do) but you are at defence stage so need to put it in the third person, like the defences you read here every day.

CH5698

Thank you, i'll amend the top part and change the pronouns to third party.

Coupon-mad

Wow just spotted that they sent you the list for the wrong date! Inept, or scam:

I have requested the machine records from that day of payments made from the claimant but received a copy for transactions on the 11th November 2017, not the 1st November 2017. Despite my requests for the correctly dated copy, nothing has been forthcoming.

CH5698

Yes, i know, it was infuriating. To be honest, i've got past the charge amount, it's the principle now!
I've amended the wording and taken out the I, me etc.

Coupon-mad

OK show us the new draft with the new headings, and add in the wording I wrote this year, found in a reply I made to beamerguy on his 'abuse of process' thread.

CH5698

here's the revised copy with the adjustments:

DEFENCE

IN THE COUNTY COURT

CLAIM No: XXXXXXXXXX

BETWEEN:

Civil Enforcement LTD (Claimant)

-and-

XXXXXXXX (Defendant)


1. Abuse of Process: In addition to the 'parking charge', the claimant has artificially inflated the value of the Claim by adding costs of £207.57 which has not actually been incurred by the claimant, and which are artificially invented figures in an attempt to circumvent the Small Claims costs rules using double recovery.

2. The Particulars of Claim (PoC) do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how any terms were breached. Indeed the PoC are not clear and concise as is required by CPR 16.4 1(a) and CPR 1.4. It just vaguely states “breach of T&C parking charges” which does not give any indication of on what basis the claim is brought, for example whether this charge is founded upon an allegation of trespass or 'breach of contract'.

3. The claimant’s solicitors are known to be a serial issuer of generic claims similar to this one, with no diligence, no scrutiny of details nor even checking for a true cause of action. HMCS have identified over 1000 similar sparse claims. The defendant believes the term for such conduct is ‘roboclaims’ which is against the public interest, unfair on unrepresented consumers and parking companies using the small claims track as a form of aggressive, automated debt collection is not something the courts should be seen to support.

In further support of there being a want of cause of action:

4. The PCN was issued on a new, poorly signed parking meter. The defendant used the said car park numerous times in the past which previously had a pay and display meter. Having tried to insert the £1 coin for 1hour parking, the coin slot was covered and the defendant was unable to add any money to the machine. Eventually, two gentlemen also using the car park looked into the situation with the defendant and it was determined the defendant needed to add the car registration number which the defendant duly did. This opened the coin slot and the defendant inserted the £1 coin. The defendant was expecting to receive a paper ticket but was advised that this is not necessarily the case. The gentlemen proceeded in the same manner and all assumed this was correct.

5. The claimant sent photos showing my car parked in said carpark using ANPR cameras and would therefore have seen the defendant at the meter conversing with the gentlemen and adding payment to the machine. The defendant has not been provided with photos showing this. The defendant’s car was parked from 14:01 to 14:57 within the time limits for the payment as also confirmed by the claimant.

6. The defendant has requested the machine records from that day of payments made from the claimant but received a copy for transactions on the 11th November 2017, not the 1st November 2017. Despite the defendant’s requests for the correctly dated copy, nothing has been forthcoming.

7. It is submitted that (apart from properly incurred court fees) any added solicitors fees are simply numbers made up out of thin air and are an attempt at double recovery by the Claimant, which would not be recoverable in any event.

8. It is submitted that the claimant is merely an agent acting ‘on behalf of’ the landowner who would be the only proper claimant. The defendant spoke to the owner directly several times about the charge. The owner subsequently tried to stop the process, but the claimant refused to do so as the process ‘was too far down the line’. Proof is required from the landowner to this claimant, to allow them the right to form contracts and to sue in their name?

9. It is submitted that the conduct of the Claimant in pursuing this claim is wholly unreasonable and vexatious. As such, the defendant is keeping a note of her wasted time/costs in dealing with this matter.

The facts and information in this defence are true and the Defendant is not liable for the sum claimed, nor any sum at all.

Name……………..
Date………………

Coupon-mad

You still have ''my car''. No me, myself or I in a defence.

Also no question marks, you have one at the end of #8 which has no place in a defence.

Plus I advised:

and add in the wording I wrote this year, found in a reply I made to beamerguy on his 'abuse of process' thread.

JS300769

Hi, I'm CH5698 sister. Shes having trouble logging onto the forum as the message she's getting is IP banned from the website. Shes currently emailing the moderating team to try and sort it out and then can send over her revised defence document. Thank you.

Redx

she probably copied and pasted from WORD or a pdf document


see this advice


https://forums.moneysavingexpert.com/discussion/5637311/warning-do-not-copy-and-paste-content-from-word-pdfs-etc-into-your-posts

CH5698

Thank you sister & yes Redx that is exactly what i'd done - copied from my word document. I won't do that again,
I'll just find where i'm up to on the Defence and send it through to the forum.