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Used Standard Defence Template - accused of cut and paste by judge at CC


Morning all, thanks for all your advice to date, but I need some urgent advice on what to do now!!!!!!!!

I used to the forum information to have one claim which was filed with the CC not continued in 2024 (CEL) 

CEL then issued another claim with via DCB legal and filed it with the CC, I used the standard defence template, on the claim DCB included no actual dates, it just had a date in January to a date in April. My defence was quite simple, I advised I could not provide a defence to a claim with no details of dates the parking charges incidents had taken place.  I also included a detailed overview of the fact I had permission to park at the sports ground via the team I was with for training each week with emails to support this.

Here is my mistake, I received a court letter in February from the judge advising the defence had failed to disclose adequate particulars of defence giving a month to reply with the reason the defence is a "cut and paste" interest defence and makes no attempt to engage with the allegations in the particulars of claim. I mis read this and though he was advising the claim with no dates from DCB legal was a cut and paste claim not my defence letter so ignored the letter thinking that the claim would be struck off. 

I have now received a letter advising as I did not provide a revised defence response the defence is struck out and claimant application requesting judgement in default (award in the thousands due to the long period of weekly parking). 

Can I do anything at this stage as the judgement has been made?

Comments

  • ChirpyChicken
    ChirpyChicken Posts: 1,296 Forumite
    1,000 Posts Name Dropper Photogenic
    Please post up the order
    This could be an costly mistake . You may be able to apply for relief from sanctions asap.
  • I am not able to post the order (nothing to blank it out) 

    Here is the wording without the Judge name etc, I still cannot understand how a judge could allow a claim with no actual dates of the parking charges taking place, its like DCB just made up a figure. 
    _______________________________________________________________________________________
    Before District Judge - Sitting the County Court at - address

    Upon the defendant having failed to file a further defence as ordered on the (date in Feb) 

    And upon the claimants application requesting judgement in default

    It is Ordered that 

    1. The defence is struck out. 

    2. Judgement is entered for the claimant in the sum sought of £00, with payment due by --------- 




  • Also I provided emails confirming my car reg had been added to the allowed to park list from April (this was a new parking process where we had to provide the management company with our registration number). 

    I changed car logged the information on the same system only to find out the parking management company were not monitoring it. At the very least they should not be able to claim for anything past the April date which would take out the end of April, May and June dates. 
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