CEL CCJ - Trying to appeal. Please help

nosferatu1001

This is a draft defence only
Not your real defence
Bearing in mind you CAN and SHOULD have been looking for other CEL claims, including their POC, you can state a reasonable belief that they will not have used any better a PoC in your case. 

Coupon-mad

Edit the stuff about the POC to say that the D has never seen any claim (or letters, signs, photos...etc).    Just make it make sense for your case and put something in #17 and #18 about the facts of the location if you are familiar with it, or if not, say you need x y z to make an informed decision and witness statement, going forward.

Sjay0207

Coupon-mad said:

Edit the stuff about the POC to say that the D has never seen any claim (or letters, signs, photos...etc).    Just make it make sense for your case and put something in #17 and #18 about the facts of the location if you are familiar with it, or if not, say you need x y z to make an informed decision and witness statement, going forward.

The parking space has a machine which accepts coins. You need to enter the vehicle reg number as well. As this incident has happened in 2017, even if I had used coins to pay for the parking I do not have any way to prove it as it has not been done online. DO you think it is a good idea to mention this in the defence?
Thanks

nosferatu1001

You do have evidence - your own testimony. 

Sjay0207

Doe this look good to be added in Defence? 

16.      The Defendant has never received any PCN, claim or any correspondence related to this case. The parking location related to the case has a machine which accepts coins and even if the Defendant had purchased a valid ticket, and as it is not done online, there is no way to prove given the time gap between the time the incident has occurred and the time when this application is made. The Defendant was able to prove the payment done while addressing another case related to Dart charge as it was done online and the county court cancelled the judgement eventually.

Thanks

Coupon-mad

Isn't that #17 from the sticky thread pinned template defence, not #16?  You are not reading an old template are you?

Sjay0207

Coupon-mad said:

Isn't that #17 from the sticky thread pinned template defence, not #16?  You are not reading an old template are you?

I have used the document from the below link
https://www.dropbox.com/s/hq0eacg3igzuud4/Private%20parking%20charge%20-%20abuse%20of%20process%20defence.docx?dl=0
I removed one point as it was related to Letter before Claim which I do not have. So this point has become #16. 

Coupon-mad

If you didn't receive one at all (not even to an old address) why not just replace that with the obvious?

The Defendant was not served with a Letter before Claim, nor a copy of the contract that the Claimant relies upon.  This is wholly unreasonable conduct, disadvantages a Defendant and stands in breach of the pre-action protocol for debt claims.

Sjay0207

Hi All,
I emailed the N244 form with all the required documents on 6 July 2020. How to check if they have received them. Is there any way to do it online.
Thanks

henrik777

No. You'll need to call, email, visit in person to find out.Or wait to see.