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CEL 2026 Defence Query

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  • Van_Girl
    Van_Girl Posts: 468
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    Hi All, it's now been 10 weeks since I submitted my defence, and I've still not received the N180 or anything else from the court. Nothing has been added to MCOL.

    Is it worth me calling MCOL at all (I did try earlier but was number 37 in the queue, so didn't stay on the line).

    I only ask as I can see that others are receiving theirs much quicker. I have received the boilerplate witness statement from CEL. It was dated 13th July, but I received it 2 weeks ago.

    £12k in 26 #14 £4352.72/£12k 25 #14 £19,041.66/£18k 24 #14 £15,653.11/£18k 23 #14 £17,195.80/£18k 22 #20 £23,024.86/£23k
      Debt Free January 2021
    • Gr1pr
      Gr1pr Posts: 16,631
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      edited 17 August at 4:51PM

      Sit on your hands and wait, but do check your MCOL claim history weekly if possible, or just wait

      No court is involved yet, just the CNBC in Northampton

    • Coupon-mad
      Coupon-mad Posts: 166,275
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      edited 17 August at 4:48PM

      Is your Defence listed on MCOL History?

      PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    • Van_Girl
      Van_Girl Posts: 468
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      £12k in 26 #14 £4352.72/£12k 25 #14 £19,041.66/£18k 24 #14 £15,653.11/£18k 23 #14 £17,195.80/£18k 22 #20 £23,024.86/£23k
        Debt Free January 2021
      • Van_Girl
        Van_Girl Posts: 468
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        Apologies, I meant CNBC :)

        Will keep waiting and checking. Thanks for the prompt responses as always

        £12k in 26 #14 £4352.72/£12k 25 #14 £19,041.66/£18k 24 #14 £15,653.11/£18k 23 #14 £17,195.80/£18k 22 #20 £23,024.86/£23k
          Debt Free January 2021
        • Van_Girl
          Van_Girl Posts: 468
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          edited 15 September at 3:25PM

          Just a small update on this. I emailed the CNBC for an update as my defence was submitted 13 weeks ago, and they have come back to me with the following:

          Please note that the case is currently stayed, as the claimant did not submit their intention to proceed within the required timeframe.

           

          I can see from other threads that the stay could be lifted at any time if CEL decide to apply. Can anyone advise if CEL typically do this?

          £12k in 26 #14 £4352.72/£12k 25 #14 £19,041.66/£18k 24 #14 £15,653.11/£18k 23 #14 £17,195.80/£18k 22 #20 £23,024.86/£23k
            Debt Free January 2021
          • Le_Kirk
            Le_Kirk Posts: 27,292
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            Stayed cases can be dangerous, if you move and don't inform the PPC every time (and why would you)? They could pay to have it unstayed and you might not know and fail to/be unable to defend. The following advice is often posted by @Coupon-mad

            I would leave it stayed but send an email now to the court and DCB Legal stating that because a stayed case is 'indefinite' you wish for this email to be placed on file and the following statement must be read by the judge:

            The Defendant's address for service cannot reasonably be assumed to be valid forever. Thus, should the Claimants apply for the stay to be lifted they and the CNBC must cc in this email to fairly alert the Defendant, in accordance with the Overriding Objective. Additionally, if this happens after 2025 then - in accordance with the Code of Practice and pursuant to the authority in VCS v Carr [2025] EWCA Civ 713 which criticised VCS for failing to trace the Defendant and their claim was struck out as well as the CCJ set aside - the Claimants must carry out a soft trace to check the Defendant's address before applying to lift the stay. In other words, the Defendant's current address is not current indefinitely.

          • Van_Girl
            Van_Girl Posts: 468
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            Thank you for coming back so quickly. I've been reading other threads and had seen this advice, but very useful to have that particular wording.

            I am in the process of selling my house so will definitely be moving, so this is crucial.

            Much appreciated

            £12k in 26 #14 £4352.72/£12k 25 #14 £19,041.66/£18k 24 #14 £15,653.11/£18k 23 #14 £17,195.80/£18k 22 #20 £23,024.86/£23k
              Debt Free January 2021
            • Coupon-mad
              Coupon-mad Posts: 166,275
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              edited 18 September at 9:14PM

              Wow - this is crucial then.

              In fact sit on your hands, I'd wait until you move THEN email the CNBC and CEL to tell them both:

              • erase the old address which is no longer a valid address for service;
              • replace it with the new address, however
              • (then adapt my wording which obviously doesn't talk about DCB Legal or 'after 2025' in your case)!
              PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
              CLICK at the top or bottom of any page where it says:
              Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
            • Van_Girl
              Van_Girl Posts: 468
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              Thanks Coupon-Mad, I had actually already sent the (amended) wording by the time you replied, but when I eventually move I'll do as above as well. I will keep on top of this

              £12k in 26 #14 £4352.72/£12k 25 #14 £19,041.66/£18k 24 #14 £15,653.11/£18k 23 #14 £17,195.80/£18k 22 #20 £23,024.86/£23k
                Debt Free January 2021
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