Defence Submission Review - Civil Enforcement Ltd

Sukh_B_85

KeithP said:

Sukh_B_85 said:

KeithP said:

Sukh_B_85 said:

Issue date on claim form is 29 Jun 2023.

With a Claim Issue Date of 29th June, you had until Tuesday 18th July to file an Acknowledgment of Service. For the moment I'll assume you did that, but please confirm the date when you filed an Acknowledgment of Service.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 1st August 2023 to file your Defence.

That's just a few days away. Plenty of time to produce a Defence, but please don't leave it to the last minute. 

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Hi KeithP, I have submitted the AOS on the 02/07 and it was received as per the MCOL website on the 03/07.

Because you were a little quick off the mark with filing an Acknowledgment of Service, you have until 4pm on Monday 31st July 2023 to file your Defence.

I have amended my earlier post accordingly.

Thanks KeithP for all the advice! super appreciated, will keep this thread updated with progress, Defence to be submitted tomorrow to the email address as per direction.

1505grandad

Just checking that you will be using the following para #1 from the template and your above para 1 etc renumbered accordingly?:-

"1. The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim was an unexpected shock. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was a breach of any prominent term and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars."

Sukh_B_85

Hi all, I have now received the 'notice of proposed allocation to the small claims track' notification. The letter states I have until the 16th October to complete the Directions Questionnaire (form N180) and file it with the court office.

Le_Kirk

Correct, all in line with what you will have read in the 12 steps in the template defence thread.

UncleThomasCobley

When the time comes to do your WS, you must include the HHJ Murch appeal judgment and request that the the claim be struck out for failing to comply with Civil Procedure Rule 16.4 and Practice Direction Part 16. It's unfortunate that this appeal ruling came after you had already submitted your defence as it could have had this thrown out at allocation stage.

Sukh_B_85

thanks both, I have filled out the form and sent to ccbcaq@justice.gov.uk email and also forwarded to all 3 email addresses I could find for Civil Enforcement Ltd. Funny how they make it as difficult as possible to find a correspondence address - totally expected though from these scam artists.

Sukh_B_85

Hi all, rather than posting on a new thread - I thought I would post here. So my wife has now received a claim from DCB for a ticket dating back in 2018. Weirder still, the car in question was her mothers' (which is now written off) and my wife has never been registered on that vehicle. Anyway, long and short of it, its a Nuffield gym car park, my wife and mother-in-law (MIL) were both members (MIL still is) and as the particulars of the claim are unclear, there is nothing my wife (or MIL) could have done to break any conditions as they were both members at the time.

anyway, I think i know how to base my WS/defence.

POC as follows: 

AOS submitted and received on 19/09 - so just confirming i have until tomorrow 4pm to submit WS? (doing it today in any-case)

Also above @uncle@UncleThomasCobley is there a thread on how to include the ' HHJ Murch appeal judgment and request that the the claim be struck out for failing to comply with Civil Procedure Rule 16.4 and Practice Direction Part 16?'

all help as always is super appreciated!

Umkomaas

Please, you must start a new thread for your wife's case. There seems to be some stuff to unravel (like why is your wife, not your MIL being sued). Otherwise the advice will become totally confused between both this case and yours, and as both are at various stages of court claims, it's potentially dangerous.  In your new thread, please give us the Date of Issue shown on your wife's claim form. 

anyway, I think i know how to base my WS/defence. 

AOS submitted and received on 19/09 - so just confirming i have until tomorrow 4pm to submit WS? (doing it today in any-case)

Here's the immediate confusion. Are you talking of your case, or your wife's?  If it's your wife's case, that surely is nowhere near WS stage.

Also above @uncle@UncleThomasCobley is there a thread on how to include the ' HHJ Murch appeal judgment and request that the the claim be struck out for failing to comply with Civil Procedure Rule 16.4 and Practice Direction Part 16?'

One that @UncleThomasCobley helpfully saved as a Dropbox file ...

https://www.dropbox.com/scl/fi/xy54utt9djv55xitfp7lk/CEL-appeal-transcript.pdf?rlkey=304syf9czf5arl3i1u1ircjln&dl=0

Sukh_B_85

@Umkomaas - I will start another forum thread no problem.

sorry for the confusion - I meant to say defence submission and it was for my wife's case.

Issue date for wife's claim was 14/09/2023 and as mentioned above the AOS was submitted and received on the 19/09.

Sukh_B_85

Hey all - I have now created a separate thread for my wife's ticket: 

https://forums.moneysavingexpert.com/discussion/6479193/dcb-legal-ltd/p1?new=1

This thread will remain in relation to the original thread for ticket relating to Civil Enforcement Ltd.