CEL , DCB LEGAL court claim, at WS stage

Coupon-mad

We need to see the image I asked for first.

grgwm

Of course sorry here is the claim form. I've just noticed it actually refers to 3 PCN's so I'll edit the defence to that. All three times the payment machine must have been faulty.

Coupon-mad

grgwm said:

Of course sorry here is the claim form. I've just noticed it actually refers to 3 PCN's so I'll edit the defence to that. All three times the payment machine must have been faulty.

I'd put this as your para 3:

3.  It is denied that 'payment was not made in accordance with notified terms'. No conduct by the Defendant breached any 'notified' term. This is an Aldi car park used regularly by the Defendant, who has evidence of 17 other payments made at the same site, showing regular use of the machine and a consistent history of making payments, demonstrating no likelihood of intent to avoid payment. On the balance of probabilities, these instances must have been days when the machine was not functioning correctly, or at all. Sometimes, after making payment in the usual way, no ticket was printed but tickets are not required to be displayed at this ANPR site, so the Defendant was unconcerned, having done nothing wrong. Due to the faulty machine, there was a clear frustration of contract and no obligation was breached, as the Defendant paid and did everything required. The Defendant has further evidence of a refund from the parking machine a day after one of the dates, showing their card was charged and £1 was inexplicably returned the next day. This evidence confirms that the payment was clearly offered but that the recipient's bank failed to 'collect' it within 24 hours: a known fault with some private parking systems.

grgwm

Thanks that reads much better!

grgwm

I received the Directions Questionnaire and have filled it out as per the guide, and sent it to 

DQ.CNBC@justice.gov.uk The form also states I should send it to the court. The form that was sent to me had Civil National Business Centre as the court name - but as per the guide this apparently is my choice, so I've put Clerkenwell and Shoreditch County Court and Family Court. Do I need to also send it to this court's email enquiries.clerkenwellandshoreditch.countycourt@justice.gov.uk ?

Gr1pr

Send a copy to the lawyers,  DCB Legal , by email 

KeithP

grgwm said:

The form also states I should send it to the court. The form that was sent to me had Civil National Business Centre as the court name - but as per the guide this apparently is my choice, so I've put Clerkenwell and Shoreditch County Court and Family Court. Do I need to also send it to this court's email enquiries.clerkenwellandshoreditch.countycourt@justice.gov.uk ?

No need. The CNBC will do what's necessary when passing the matter to the hearing court.

grgwm

My court date is 10th September. It says the claimant (Civil Enforcement Ltd) have until the 13th August to pay the court trial fee otherwise it will be struck out.

Do I need to do anything until then? How will I be notified if it is proceeding or struck out? Is there somewhere online I can track this?

Gr1pr

Your hearing date letter tells you what to do and by when, read it again,  because your WS plus your Exhibits bundle is due 

You would have to contact the court itself to check if the hearing fee is paid,  it will likely proceed if paid

No , you cannot track it online 

You wont receive anything except for the CEL WS bundle,  or a discontinuation,  not from the court 

Keep checking your email spam folder and inbox for their N279 NoD document,  from DCB Legal 

Coupon-mad

grgwm said:

My court date is 10th September. It says the claimant (Civil Enforcement Ltd) have until the 13th August to pay the court trial fee otherwise it will be struck out.

Do I need to do anything until then? 

Yes you do.

Your WS and evidence (and the Public Consultation as well please! Find the thread now and bookmark it to come back in a fortnight).