Group Nexus DCB Legal court claim, at WS stage

Coupon-mad

Yes - I say so.

LDast

Imagine you have received nothing about this. The very first you hear about it is when you see the claim form with the PoC. Now, based solely on that information, build a defence. Could you? Could anyone?

The rules are that the claimant must set out the cause of action and also comply with the CPRs and PDs. They have done nothing of the sort.

Have a read of CPM v Akande and CEL v Chan. Those cases should never have reached an initial hearing. They did but were appealed and that appeal judgment is persuasive on the court.

It’s your choice which defence to use. Just remember that you are hoping that the judge will read your defence and see the preliminary matters and will, hopefully, issue an order of their own volition to compel the claimant to issue further PoC or will simply strike the claim out. Either the long or the short defence ought to do this. 

You know my argument why I (and the judge who composed the draft order) think the short defence is more likely to lead to either a strike out at allocation stage or soon after once the order is sent to the claimant and they are unable to fully comply.

Blackysowner

I see, I can understand the arguments from both sides.
I have never received the very first letter they've sent due to my address on the logbook wasn't updated at that time. I am not sure what was stated there, I am pretty sure its all inadequate non sense though. On the other hand, on the letter of claim and the claim form itself it was absolutely inadequate with just "Vehicle Remained On private Property in Breach Of The Prominently Displayed Terms And Conditions".

I shall use this as my only Para 5:

"5. The Defendant denies the allegations, save that it is admitted that they were the keeper and driver. On the day in question, the Defendant went into several shops at Valentine Retail Park LN6 7BH as a genuine customer. The Defendant later left the Retail Park by car after shopping."

following with the paras in the template.
If this is OK?

Coupon-mad

Yes.

You can still use LDast's Draft Order (and attach Chan and Akande) at DQ N180 stage in a few weeks which could achieve what LDast is keen to achieve. We all want to see cases struck out nice and early!

I like that second stage. I just don't like a defence so short that it has no defence.

Blackysowner

Hi, just to let you know that I have sent the defence to ClaimResponses.CNBC@justice.gov.uk, and have just received an auto reply from them. I shall be waiting for the Directions Questionnaire from the CCBC now.

Thank you very much for all your help here!!!!!!!!!!!

Blackysowner

Hi,
Ive received 2 phone calls from a number that seems to be DCBLegal yesterday (I didnt pick it up as I was at work, but I googled the number and people reported it as DCBLegal).
And Ive also received the email from DCBLegal the same day, attaching the N180 Directions questionnaire. So I just file this email and waiting for the N180 Directions questionnaire of my own.

Coupon-mad

Be aware that a Mediation phone call is now compulsory to attend.  See the first 12 steps in the Template Defence thread.

Blackysowner

I believe they will send me a letter regarding this mediation phone call, correct?

Coupon-mad

Email I think. Regularly check your junk folder.

Balhamox

Coupon-mad said:

Be aware that a Mediation phone call is now compulsory to attend.  See the first 12 steps in the Template Defence thread.

Is that right I refused one in june and it wasnt a problem I had to explain why and they were fine with that.