Help Please: CEL - Court Claim Defence

MizChief84

Is this sufficient?

Fruitcake

That reads more like a witness statement.

You need to use short, sharp statements. Something like this, but amend as appropriate.

3. On the material date the defendant visited X location/restaurant/car park to collect a passenger at night. The site was unlit/poorly lit and there were no prominently displayed signs at the entrance nor anywhere near the defendant's vehicle capable of forming a contract with a driver.

A subsequent site visit in daylight revealed signage stating "Permit Holders Only, but with no instructions on how to obtain a permit, meaning that this contract term is void for impossibility.

Picking up a passenger is not parking as determined in the persuasive appeal court case of Jopson vs Homeguard, case number B9GFOA9E, therefore no breach of parking terms occurred.

MizChief84

Thank you Fruitcake, that's much clearer now.

Whilst I didn't switch the engine off, I was in the car park for a total of 17 minutes as I arrived a little early just in case my daughter was allowed to leave early but she left a couple of minutes late. Would this still be covered by Jopson v Homeguard?

Coupon-mad

Depends what the Judge thinks but yes, use it.  All paragraphs need numbering.

Fruitcake

Engine on, engine off makes no difference. Getting out, staying in the vehicle makes no difference. It's called parking.
Don't mention it.

You were picking up, nothing else.

MizChief84

Daft question...

How long does it usually take to receive acknowledgement from CCBCAQ@Justice.gov.uk? I sent it at 13:20pm on 20/07 and haven't heard anything back yet. 

KeithP

MizChief84 said:

Daft question...

How long does it usually take to receive acknowledgement from CCBCAQ@Justice.gov.uk?

Within minutes. It's an automated process.

Phone the CCBC - number on the Claim Form - and ask them what's going on.

Have you checked your email spam folder?

MizChief84

So I called the CCBC and they advised that I resend with a screenshot of the original sent email as evidence of when I had sent it. I did this while the lady was on the phone to ensure it worked.

However, I have today received a letter dated 19/07/2022 from CEL saying that "a CCJ was recently obtained" against me. My deadline to file my defence was only 20/07.

Are they playing games?

Not_A_Hope

Well if the deadline for filing your defence is correct Civil Enforcement are a bit early with that notice. Does this relate to the same PCN?  Did you send an Acknowledgement of Service in time?

You could check the status on MCOL or give the CCBC a ring and ask what is going on?

If CE have got it all wrong sounds like a complaint letter to their trade body is in order.

MizChief84

Hi Not_A_Hope,

Yes, it's for the same PCN.

Claim issue date was 17/06/22

AoS was done 29/06

Defence deadline was 20/07 and was sent on this date however, I didn't receive an acknowledgment so I called CCBC on 22/07 and was asked to send a screenshot of the defence email to evidence when I sent it along with my defence and just a shot sentence explaining that I had sent it on 20/07 but had not received acknowledgement. The lady stayed in the phone with me whilst I did this so that she could check it came through to them. 

Currently 37 minutes into waiting for CCBC to answer the phone.