DCB Legal - ECP - Legal court claim 2025

electrified_porcupine

Coupon-mad said:

I wouldn't entirely remove the line that I highlighted. It's a good line otherwise, with a phrase used in the Supreme Court. Really important.

If you think the line is needed, could you please let me know how to correctly write that phrase? I don't know who was driving at the time and i didn't name the driver. 

U updated the whole section below. Could you please check if this is now correct?

3.1 The POC pleads that the purported contract breach is for ‘Reason :Your Vehicle Was Not Authorised TO Park’. The Defendant has no idea about that term and no idea what 'relevant obligation', the driver at the time are supposed to have missed, as it is known to the defendant that that car park is also used lawfully by authorised tenants. Nevertheless, nothing of value is offered to non-authorised drivers by the phrase relied upon in the POC. Therefore in the absence of consideration from the trader, no contractual 'meeting of minds' was possible and the only possible claim would be by the landowner, under the tort of trespass (not pleaded).  As found by DJ Iyer at Manchester Court, in PACE v Lengyel.

electrified_porcupine

@Coupon-mad , @KeithP could you please check 3.1 for me to make sure it is all OK now before i send it? Want to make sure I got everything right to maximize my chances of winning this.

Coupon-mad

Yep that's all good.

electrified_porcupine

AOS completed on the 20th of Jan and defence sent today to ClaimResponses.CNBC@justice.gov.uk.

I'll update this thread once I have more news. 

electrified_porcupine

Ok so a letter of Judgement came back to me today saying that it has been ruled "in default" because i haven't replied to the claim form. I have read all the threads and no one mentiones to send the form back. Can someone please explain what has happened and why? I have sent my defence in the timeframe provided. I haven't received any other form than the one attached to the Claim form. Does that mean I lost and now have to pay up?? 

electrified_porcupine

Letter that just arrived.

electrified_porcupine

I need to add that I received automated response after I sent my defence, but nothing else came since. 

electrified_porcupine

@Coupon-mad, @KeithP could you please advise what could have happened here? I didn't get any other forms to fill out other then the one with the claim. The advice was to just send defence via email but nothing about sending the form back.

Nellymoser

electrified_porcupine said:

AOS completed on the 20th of Jan and defence sent today to ClaimResponses.CNBC@justice.gov.uk.

Check MCOL claim history does it show your AOS and defence

electrified_porcupine

Nellymoser said:

electrified_porcupine said:

AOS completed on the 20th of Jan and defence sent today to ClaimResponses.CNBC@justice.gov.uk.

Check MCOL claim history does it show your AOS and defence

MCOL only shows AOS received and AOS acknowledged on the 20th. There is a new entry for the default judgement issued against me on the 21st of Feb 2025. I didn't file my defence via MCOL as advised so it isn't showing there. I sent it to the email address as stated above.