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HELP! CEL County Court Business Centre Claim (x2)
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Doesn't post #38 have your answers?
And the word is defence.
Thankyou for the spelling check.
Yes I understand it’s 14 days from receipt of the full particulars, but which date do I use the letter or the envelope? Surely it can’t be the letter as that would be less time then the original claims deadline for defenCe?
Am just seeking clarity, I apologise if am confused but not being an expert andso many dates here am sure you can understand how easy it is to get confused?0 -
14 days from the second working day after the PoC were posted (the postmark on the envelope)Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0
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Loadsofchildren123 wrote: »14 days from the second working day after the PoC were posted (the postmark on the envelope)
Thankyou for the answer...ok, so by my calculations that makes it 8th November.
Johnersh...(or anyone!) is there any alterations I should add to my original posted defence now....taking into consideration the lack of reply to my request for further detailed evidence as required by the new October 1st pre-court process, also taking into account I will be writing a separate letter to the claimant asking them asking them to apply to the court for relief from sanction if they wish to continue as advised.
I will look to submit the final defence on 7th with a followup call next day to confirm receipt...does this sound correct?0 -
Someone n another thread says you get email confirmation your defence has been received. Phoning them seems difficult as you can get stuck in a queue and then it times outAlthough a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0
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The person who posted about an email confirmation was me.Someone n another thread says you get email confirmation your defence has been received. Phoning them seems difficult as you can get stuck in a queue and then it times out
I haven't emailed a defence statement myself I have always printed and posted it. Was my preference.
Having said this I did recently email a Directions Questionnaire and almost immediately received a generic confirmation email from CCBC.
Your choice....0 -
If the POC were backdated and you kept the envelope that proved they were not posted when dated, PLEASE NOW forward the complaint you made to the CCBC, to another email address.
We need LOTS of these to fly into a specific inbox now:
http://forums.moneysavingexpert.com/showthread.php?p=73400735#post73400735
Once that has been done, please confirm. We need to bombard the CCBC (specifically to Amanda Beck who is aware of this scam) with evidence about CEL.
Do this - even if you've already emailed a complaint - PLEASE forward it now!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Will forward a complaint to Amanda as still have envelope and convering letter.
UPDATE
Have now received DQ for claim 1 (the defended claim)
Nothing for claim 2, and not had a response from CCBC regarding my request to have claim 2 struck out or CEL in my request for them to discontinue the claim. What should my next step for claim 2 be (remember that claim 2 has had no detailed particulars received and no defence submitted as I questioned its validity to both claimant and court)
Do I just follow Bargepoles guide for the DQ to claim 1?0 -
Claim 1: yes
Claim 2: write again enclosing a copy of your original correspondence. Reiterate the point that you are not serving a defence because the further PoC have still not been served and therefore time is not running for you to file a defence. Ask again for the claim to be struck out because it is unconscionable that it should just be allowed to remain as a live claim when the Claimant is doing nothing to progress it and you have brought to everyone's attention that it is a duplicate claim. Copy your letter to CEL and tell the court that you've sent them a copy.
I'd also attach that letter, plus the previous letter, with a copy of the claim, to the DQ being submitted in relation to Claim 1. What happens next with Claim 1 is once the DQs are received, the file gets sent to your local court. A judge then looks at it for the first time and makes a standard order confirming allocation to small claims and setting down a timetable for WSs, trial, hearing fee etc. Sometimes judges will really look at the documents, see that something is amiss and make other orders, such as requiring a C to make out their case properly and for you to file an amended defence once they've done so. Sometimes a case may be struck out at this stage. The point is that you want to highlight with your DQ the issue with Claim 2 which is a duplicate and hope that the judge may do something about it.
Something to bear in mind is that nobody at MCOL is legally qualified. So this is the first time that anyone who has any clue about the rules and what they are doing is when the file is transferred and looked at by a judge.Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0 -
Ok this is odd. And obviously you have the documents to review not us....
But on the basis that "claim 2" is clearly endorsed 'particulars to follow' and you haven't had any, then there is no defence that you can prepare. Noone here has checked that. You must read your documents carefully and the court rules.
Personally, I'd put them on notice and apply to strike claim 2 out. That's just me. If successful you'd get £100 back, but there's a risk. You're not me though, so that aggressive take may not be helpful
On my reading of CPR 7.5 once 4 months have elapsed since the claim was issued, the claim is dead for want of particularisation, it being past the latest date for service of the claim form (which is also the latest possible date for Particulars).
Naturally, the claimant is already in breach of the requirement to serve 14 days after service, so one may envisage that their prospects of getting relief from sanction are poor.
Was claim 1 or claim 2 issued first or were they same day? Am I right in saying they both relate to exactly the same ticket?
You are required to a DQ for claim 1. Claim 2 is not in play yet so needs no timetable (no pleadings have been filed). It's possible the Claimant has abandoned it.
I would go "off piste" and attach to the DQ for claim1 a very short letter explaining the position regarding the duplicate claim (assuming it is exactly that) aka claim 2 and requesting that the two proceedings relate to the same matter, that claim 2 is unparticularised and should be struck out.0 -
Ha! Spent so long typing LoC123 beat me to it!0
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