Civil Enforcement Limited & DCB Legal LTD - From LBA to County Court Claim

KeithP

Mekky24 said:

I received Claim Form from HM Courts & Tribunal Service yesterday, 29/11/2024. The issue date of the form is 26 November 2024. 

With a Claim Issue Date of 26th November, you have until Monday 16th December to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 30th December 2024 to file a Defence.

That's over four weeks 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

Car1980

Usual case of DCB just going off a line on a spreadsheet. They won't have the first idea about the case or the error in Civil's paperwork.

Gr1pr

Your VRM on the lower left and also your password on the lower right are both on show, so 5 out of 10 

Mekky24

Many thanks for your comments.
@Coupon-mad I couldn't find the option to change the thread title. Please kindly explain how I can do it. I've attached the redacted copy of the Claim form showing the PoC.
I noticed the court address is in Northampton which is very far from my location. I am wondering if it will be possible to request for the case to be transferred to a location close to me? 

Gr1pr

Now you are a Forumite you can edit your posts, plus change the thread title to something more useful , like 

CEL DCB Legal court claim 

Delete the earlier picture that wasn't redacted properly 

You will choose your local court later in the process, at the N180 submission stage 

Mekky24

CE Limited signed contract with Oxfam and the Oxfam Shop in question, where the incident occurred, closed over a year ago. Is there any legal point one can derive from this?

Coupon-mad

Maybe later at WS stage but the Template Defence already covers no landowner authority so you don't need more at this stage

Mekky24

Hi All,
I want to keep you updated on this case. I filed AoS on 10/12/2024. I am now preparing my defence using the template defence.
During the pre-action stage Civil Enforcement failed to provide all the information I requested which include time-stamped photographic evidence of parking restriction in force at the car park taken when the incident happened, evidence that they complied with section 19.10 of BPA Approved Operator Code of Practice 2012 Version 8, January 2020, confirmation whether genuine customers of the business at the location are required to make payment to use the car park. Though it was an error, they initially said they manage the car since 28/09/2022 but photo provided was time-stamped 09/09/2022. Can I ask if it is worth talking about this and non-compliance with Section 5.2 of the PAP at this stage? Your advice is greatly appreciated.

Coupon-mad

I think you could mention it in defence but not in detail.

Mekky24

Thank you all for your help and advice so far.

I have now drafted my Defence base on template defence. I amended section 3 of the template defence, added new section 4 and renumbered accordingly. Neither Civil enforcement (Claimant) nor Oxfam (whom Civil Enforcement signed contract with but not included in the claim) is the landowner. Should I assume this issue is already covered under Section 27 of my Defence below?

Thanks in advance for your comments and advice.

 The facts known to the Defendant:

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised, and it is admitted that the Defendant was the registered keeper.

3. The Defendant was a legitimate customer at Oxfam Homeware situated at 155 – 157 Nottingham Road, Arnold, Nottingham, NG5 6JN but was not the driver on the day. The purpose of the visit was to support charitable cause pursued by Oxfam. The Defendant had regularly visited this charity shop in the past and used the car park on some occasions while at the shop without requirement to obtain a permit. Defendant was unaware of any requirement to obtain A Permit and was not made aware of such requirement while in the shop on the day of the alleged incident. A proof confirming Defendant as a legitimate customer of Oxfam on the day of the incident was made available to the Claimant.

 

4. The Claimant has not complied with pre-action protocol. Claimant failed to provide all the requested information as required under Section 5 of Pre-Action Protocol for Debt Claims 2017.