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Civil Enforcement - COURT CLAIM LETTER, Threads merged
maddox
post Mon, 3 Jul 2017 - 10:42
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Hi All

I received a court claim letter from CEL. I have checked the box online stating I will be defending the claim in full and have not touched the defence section yet (thanks to the advice of this board). I now have until the 15th July to enter my defense.

1. I have included a photo of the sign below. It is a Chinese restaurant (yummy). The sign states: YOU CAN REGISTER FOR A FREE ONE DAY PARKING PERMIT IN THE RESTAURANT. This basically means if you are dining in the restaurant they take your registration plate and enter it into their system. The registration was not registered and the driver went to the shop across the road to it and didn't realise that cameras were checking on the way out of the car park.

2. There are no signs stating that there is a camera system in place other than on the small print on the sign.

3. Does anybody see anything wrong with the signage in place?

4. I was never send a LBCCC.

5. Before I enter my defense should I have sent CEL a letter asking for photo evidence, contract between them and landowner etc?. Or should I just make the claim that I didn't receive them in the first place and it is up to them to prove it?

6. The original "PCN" I received was past the 14 days from when the event allegedly happened. Does this matter and should it be included?

Thanks for any help on this. I will post my defense before I enter it.




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post Mon, 3 Jul 2017 - 10:42
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ostell
post Tue, 24 Oct 2017 - 20:54
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Contact the court and tell them that the claimant has not complied with the order. Ask them to throw the matter out. A stay can go on for ever and catch you out later.
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nosferatu1001
post Wed, 25 Oct 2017 - 08:17
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Call the court, see if the court has received a copy.

If not, state you have also not received them. Ask the court, under their own case management powers, to strike the claim out. State you would like to claim costs fot eh claimants unreasonable behavious in failing to comply with the courts order.
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maddox
post Wed, 25 Oct 2017 - 17:14
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I'm a bit worried that they have sent it to the court and not to us as some sly tactic to prevent us from raising further questions from it and subsequently amending our defense.

Is it worth giving the court a call?

Also do I need to inform them that I have not received the PoC in any official way?

I will email them but do I need to consider the wording carefully/request the court throw the case out?

Many Thanks


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ostell
post Wed, 25 Oct 2017 - 17:24
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You need to tell the court that CEL have not complied and have not sent you a copt of the POC
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nosferatu1001
post Thu, 26 Oct 2017 - 06:53
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Its almost like we told you to call the court...

5 minutes of research OUT of your thread, here or on MSE, would have seen that CEL et al keep failing to send these particulars on time.

Almost certainly you will end up, if you want the claim struck, to pay £100 to submit an application. Loadsofmoney on the MSE forum has a fair few letters dotted around whichinstead ask the court to use its own powers. If you have to pay, then you tack on your costs to date - couple hours or so at £19 per hour - and ask the court to order the claimant to pay the £100 plus your costs within 14 days.


QUOTE
In default of service, it is a fact that Civil Enforcement is in breach of CPR 7.4 and as such, I ask that the claim is struck out pursuant to CPR Part 3.4.

I am aware that the Court may make such an Order of its own volition, by exercising its inherent case management powers under CPR Part 1.4(2)© and Practice Direction 26, paragraph 5.1.

If the Court does not wish to make an Order under Part 1.4(2)© it has the power to treat this letter as an application and dispense with the requirement for me to file a formal application - this power is contained in CPR Part 23.3(2)(b). I am significantly disadvantaged by this Claimant, a regular litigator with legal representation and who apparently routinely file such claims, without Particulars, in want of any detailed evidence nor even a copy of the alleged contract supposedly breached, as if they are immune to the Practice Direction.

I invite the court to take this step without putting me - a Litigant in Person - to the time, trouble and cost of a formal application, given the unreasonableness of the Claimant's conduct.

Thats what you could write to the court, AFTER you have confirmed the court lacks a copy.

This post has been edited by nosferatu1001: Thu, 26 Oct 2017 - 07:02
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maddox
post Wed, 22 Nov 2017 - 15:07
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Hi all I would just like to say thank you for all your help it looks like this is now coming to a close.

CEL did not send us the PoC in time so we wrote to the judge and he then sent out the letter (attached) stating that he is extending the time they have to send the PoC and instructing them to immediately send an N244 form after that.

Well the deadline for has passed and they still ahve not sent the PoC.

Should I send another letter tot he judge informing them they have YET AGAIN not sent the PoC or will he see that for himself and strike it out.

Also is there any way we can claim back costs even if it didn't reach court?

I would love to get money out of them after all of this!!

Thanks again this forum really is a wonderful help!!

This post has been edited by maddox: Wed, 22 Nov 2017 - 15:08
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nosferatu1001
post Wed, 22 Nov 2017 - 16:44
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Yes, let the court know you lack any PoC.
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maddox
post Sat, 13 Jan 2018 - 15:03
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Hi All

My CEL claim was struck out by the judge.

Just wanted to say a big thank you to everybody who helped and to the people who run this site!

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