DCB LEGAL cp plus/groupnexus court claim

standup369

hi, only just discovered this forum very late  in the day as i need to file a defence by this weds 17th. finding it tricky from a read of the newbies forum to know what steps are now at this later stage.

claim made to northampton civil national business centre for overstaying at a motorway service station that positions as public access but then seeks to enforce private land status

claim is for £266.12 (£181.12 claimed, then £50 legal rep fees and £50 court fee . have received 4 dcb baliff letters and then 2 dcb legal. didn't reply to any

 i did appeal initially and it was refused. on the appeal email i asked for them to provide a proof of contract and the name of the man or woman claiming to have a contract with me which they have ignored. i also stated my fee terms for a hourly rate in engaging with them on such false claims.they said my email was noted. i have been going through some significant health issues of late which has been my focus

i'm trying to understand from the forum what you'd suggest I do now, and when i do that next step what is the aim of that communication ?. should i also write to the the business as well to complain and be clear they have not supplied a copy of a contract on which they seek to rely on as evidence?

thanks in advance for any assistance

doesn't feel right to pay these fraudsters

Coupon-mad

Just use the Template Defence. Top of the forum.

Show us the claim form, redacting the same 4 things you see everyone else redact when you've read half a dozen claim threads first.

standup369

claim form attached

[Image removed by Forum Team]

standup369

feedback on this defence appreciated

The defendant had entered a motorway service stop area that displayed blue service signs in advance of the entrance. There was no advance signage identifying the defendant was entering as it now is alleged private land with terms and conditions attached. The defendant read the road sign as a offer for safe travel rest, whoever long it took to be at his best driving performance. The defendant had no other safety options available to him at this time and entered the publicly accessible land in good faith that this was a safe location in which he could rest until fit to drive safely. The defendant felt tired and recognised he needed to rest in order to drive safely to his intended destination.Being tired he focussed on his health and wellbeing and did not read,see or engage in any form of contractual agreement with another man or woman during this timeframe at this location. The defendant has received no evidence of harm caused from the claimant . in email correspondence with the claimant The defendant requested a copy of the contract and the name of man or woman that claimed a contract was entered but this was ignored and this request remains unanswered

Coupon-mad

No; you will be using the DCB / Moorside Legal special version linked in the Template Defence FIRST post, where you don't supply much detail as your paragraph 6. 

standup369

thanks so much for your help. are you saying no, do not enter that info i put up in ? as on https://forums.moneysavingexpert.com/discussion/comment/81199155/#Comment_81199155 it says "6. (Add basic facts and/or admit or deny the paragraphs in the woeful POC one by one). so my thinking that outlines basic facts?

standup369

sorry, i think i get you know. if i asked them in a email to provide proof  of written contract and they havent shall i copy that email in as my evidence i tried to resolve the dispute ?

Coupon-mad

No, evidence comes later.

Just use (as para 6, using the Chan and Akande defence beginning) the same wording that the ordinary template defence suggests that others use as their para 3. 

standup369

ah thanks so much for clarity on the evidence comes later. is this therefore a attempt to get the matter dismissed before progressing further ?

Coupon-mad

Yes. Partly that and partly a defence.

Gets you to where you need to be if it's not struck out by your local court, then you'd provide evidence.

standup369

hi, thanks so much for your tips
 if i wanted to make a counter claim for my time wasted in engaging when i have sought remedy by way of asking for a contract would i need to make that at this stage or can i reserve that for later if it proceeds?