County court claim form received from civil enforcement ltd

Trixy23

Hi all,
I would be grateful for any help in drafting a defence for my case against civil enforcement ltd. A few month ago i parked in the car park of a fast food chain, there we purchase food for 15 kids and two adults. A few weeks later i got a letter informing me that i had overstayed by 15 mins and a PCN of £60 was owed. At first i ignored the letters then later reply to explain that i had made a legitimate purchase , explaining that i didn't see the sign as it was dark (during last Jan) , added to that when we went to the fast food chain it took them about 10 mins to serve us and an additional 5-10 mins waiting to be served in the queue. Since then i received lots of letters (about 15) demanding payment, many of which appear threatening and intimidating.

I recently receive a claim form for the county court and now need to prepare a defence. Had i seen the sign i wouldn't have gone there with so many kids as an hour wouldn't be enough for them to eat as we went there for a birthday meal with the kids.

I would greatly appreciate any help to challenge these unfair thieves.

:money:

KeithP

Hello and welcome to the forum.

What is the Issue Date on your County Court Claim Form?

Trixy23

Issue date: 30th October 2019.

Trixy23

Apologies, I forgot to include that they are now demanding charges close to £300.

KeithP

Trixy23 wrote: »

Issue date: 30th October 2019.

With a Claim Issue Date of 30th October, you have until Monday 18th November to do the Acknowledgement of Service. If possible, do not do the AoS before 4th November, but otherwise 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 Monday 2nd December 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 the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Trixy23

Thank you so much i will start putting together a case this weekend.

Coupon-mad

Trixy23 wrote: »

Apologies, I forgot to include that they are now demanding charges close to £300.

They won't get that, even at a hearing if they won, and CEL often discontinue shortly before hearings so this is well worth fighting.

Trixy23

Hello,
Good evening. Following my ongoing case with CEL. I received the general form of judgment, CEL is given 14 days to file and serve particularised of claim. It also stated that, " the order was made on the court's own initiative pursuant to CPR 1998 Part 3.3(4)".
It stated that I have 7 days to apply to set aside, vary or stay the order, but i'm unsure how to go about this. I've not been able to find any thread or link on the forum. I would be grateful for some assistance on the matter.

Kindest regards,

Redx

surely its talking about the claimant doing that , not you the defendant ?

when you say the word I , surely you mean the claimant , ie- CEL

Trixy23

Ok got it. I thought I needed to do something. I guess i just need to wait and see.

Redx

you have been copied in on a court order to the claimant

unless it tells you as defendant to do something , you follow any other paperwork that tells you as defendant to do something , like filing an amended defence, or a witness statement + exhibits etc

seems to me you have had something similar to this recent one

https://forums.moneysavingexpert.com/discussion/comment/76788532#Comment_76788532