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Civil Enforcement Court papers, Private shopping park
kemanan
post Mon, 29 Oct 2018 - 09:39
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Hi All,

Complete newbie on here but have spent the week reading this forum.

I am defending 3 separate claims,

1) Wickes Car park - Letter to store manager so have a good feeling on this one as we were at the store and have proof of quote in the kitchen dept.
They are looking in to it

2) Daughter forgot to pay in Railway carpark Apcoa Parking now at ZZPS stage £155 ANPR in use I will defend for her separately.

Third and main one help needed in defense is Wife parked in Free for two hours and then overstayed for 20 to 35 mins more.
Have ignore all letters and even had a Final reminder before lagal action, but that was back in March this year and nothing til now from a near blank sheet
and now have a County court Northampton business centre form. Have stated will defend and have already gone online last Friday26th October 2018.
So have time to put in defense.

Was thinking of four members of our family have access to this car but cant remember who was driving or go along with unclear signs etc.

Any advice appreciated





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post Mon, 29 Oct 2018 - 09:39
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kemanan
post Sat, 3 Nov 2018 - 18:06
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Hi sorry i should have started a new thread but im not the best with these things including IT.

Im only requesting help on CEL where I have submitted a `Will defend in entirety` full stop.

Had problems submitting defence on money claim due to logging problems and was a pain and after getting on it does not
take the defence, too many words and when you shorten it still does not conform, I would say deliberately done.

Claim form from Northampton is dated 17 October 2018 and I have replied to service and left defence blank on 23/10/2018

I will now post on Monday as deadline is Tuesday 4pm ,,,I believe.


Wickes is sorted as they have cheque in post to pay DRP and I have paid them yesterday.


I will start APCOA in a separate tread. As stated in beginning of thread I have 3 family members I am defending

sorry for confusion
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Redivi
post Sat, 3 Nov 2018 - 18:54
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Had problems submitting defence on money claim due to logging problems and was a pain and after getting on it does not
take the defence, too many words and when you shorten it still does not conform, I would say deliberately done


Yes

Moneyclaim assumes that cases are black or white and defences only need a few simple facts

It assumes that the existence of a contract is not disputed and the only issues are whether somebody didn't play his part and how much he owes

It doesn't expect to deal with legal points such as whether a contract existed

Don't post the defence
Insert a scanned signature and email it
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southpaw82
post Sat, 3 Nov 2018 - 19:01
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QUOTE (Redivi @ Sat, 3 Nov 2018 - 18:54) *
Had problems submitting defence on money claim due to logging problems and was a pain and after getting on it does not
take the defence, too many words and when you shorten it still does not conform, I would say deliberately done


Yes

Moneyclaim assumes that cases are black or white and defences only need a few simple facts

It assumes that the existence of a contract is not disputed and the only issues are whether somebody didn't play his part and how much he owes

It doesn't expect to deal with legal points such as whether a contract existed

Don't post the defence
Insert a scanned signature and email it

Most of the template defences are far too long anyway and are more akin to American style pleadings or skeleton arguments.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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SchoolRunMum
post Sat, 3 Nov 2018 - 22:04
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Agreed.

Luckily, both on here and on MSE we are moving (usually) more towards a concise defence with the facts near the top, and answering the POC. Like those by bargepole which are used a template.
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southpaw82
post Sat, 3 Nov 2018 - 22:29
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The paragraphs on non-compliance with the pre-action protocols (and any request to strike out) shouldn’t be included in a defence. At most, it would be a single line about non-compliance.


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SchoolRunMum
post Sat, 3 Nov 2018 - 23:04
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Agreed, it's waffle.
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kemanan
post Sun, 4 Nov 2018 - 18:48
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emailed to ccbcaq@justice.gov.uk
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southpaw82
post Sun, 4 Nov 2018 - 21:37
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QUOTE (kemanan @ Sun, 4 Nov 2018 - 18:48) *
emailed to ccbcaq@justice.gov.uk

Including the bits that are just waffle?


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kemanan
post Sun, 4 Nov 2018 - 22:47
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Yes took them off - see what happens now
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kemanan
post Mon, 5 Nov 2018 - 08:48
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Thank you for emailing the County Court Business Centre, please accept this as a receipt of your email. Where a response is required we will endeavour to respond to your email within 10 working days (please do not re-send duplicate messages)

If you’ve submitted a complaint, please note that the Court will aim to reply within 10 working days. (please do not duplicate complaints)



The County Court Business Centre is a separate entity to Northampton Combined Court and therefore only deal with CCBC and Traffic Enforcement queries. We do not deal with Family, Probate or Bankruptcy matters.



Guidance is accessible online 24 hours a day at

http://www.hmcourts-service.gov.uk/onlines...im_criteria.htm



Court staff are not legally trained. If your query is in relation to whether you have a valid claim, we will be unable to comment on this matter. You may wish to seek professional legal advice from a Solicitor, Legal Executive or Citizens Advice Bureau.



Please note that attachments must be sent in a format supported by the software used by the specified court to which it is sent. These formats are listed on Her Majesty’s Courts and Tribunals Service website. Attachments sent to a specified court in a format not listed will be treated as not having been received by the court.

The time of receipt of a transmission will be recorded electronically on the transmission as it is received.

If a transmission is received after 4pm any document attached to the transmission will be treated as filed on the next day the court office is open.

If you are having problems completing an electronic form please visit the below link, it contains useful information about using Adobe which may be of assistance: https://acrobat.adobe.com/uk/en/products/ab...-adobe-pdf.html



To view an up-to-date list of our current processing and response times please visit www.gov.uk/guidance/hmcts-civil-business-centres-performance-information.





The office will be closed on all bank holidays in 2017.





This message is automatically generated; please do not reply to this message.

Thank you.


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Redivi
post Mon, 5 Nov 2018 - 09:12
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Court staff are not legally trained.

If some of them were, claims with fake signatures and legal representative costs, that disclose no cause of action could be struck out
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southpaw82
post Mon, 5 Nov 2018 - 18:27
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QUOTE (Redivi @ Mon, 5 Nov 2018 - 09:12) *
Court staff are not legally trained.

If some of them were, claims with fake signatures and legal representative costs, that disclose no cause of action could be struck out

Not by a court officer it can’t.


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kemanan
post Tue, 20 Nov 2018 - 15:56
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Just to keep you in the loop or have any interest in the outcome I will post all info I have.

I have had acknowledgement from the Northampton Business center over a few weeks ago that they have our defence. (RE CEL)
We are still waiting for the next step.

They sent communication by post.

Is there anything we should be doing as not to miss any communication??

Many thanks in advance

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Redivi
post Tue, 20 Nov 2018 - 16:25
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You can check with the court if CEL replied to the defence and sent its Directions Questionnaire
You also want to know if the Court has sent you a DQ to complete

If not, you can always download the Form N180

You can also get to work on preparing your evidence pack and witness statement such as taking photographs of the signs

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kemanan
post Sun, 25 Nov 2018 - 17:13
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Great thanks for the heads up
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kemanan
post Wed, 5 Dec 2018 - 22:12
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5th November 2018 defence received by the court but heard nothing since. I have phoned but gave up 37 in the cue.

Will I hear by letter outcome from the business court?



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nosferatu1001
post Thu, 6 Dec 2018 - 12:46
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WHen you logged onto MCOL, what did it say was the current status?

There is no "outcome" here. You are only on the first step of the process - the process usually ends up at a corut hearing, unless the claimant disctoninues.
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kemanan
post Sat, 8 Dec 2018 - 22:07
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Cant log onto MCOL ???

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nosferatu1001
post Mon, 10 Dec 2018 - 08:17
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Well, we are unlikely to be able to help you with hat issue.
WHY cant you? Forgot ID, password, something else?

Look, youy need ot know where you are in the process. Only YOU can find that info out, not us.
To know what those steps are, GOOGLE

MSE Forum NEWBIES thread

and read POST 2 of the thread. I mean READ IT ,not *skim* read.
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kemanan
post Tue, 11 Dec 2018 - 10:33
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Im not asking for your help, If you read my earlier messages you will see that I am posting to keep everybody in the loop
and to share my experience. Good , bad or otherwise.

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