Civil Enforcement Court papers, Private shopping park |
Civil Enforcement Court papers, Private shopping park |
Mon, 29 Oct 2018 - 09:39
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#1
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Member Group: Members Posts: 30 Joined: 29 Oct 2018 Member No.: 100,647 |
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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Mon, 29 Oct 2018 - 09:39
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Sat, 3 Nov 2018 - 18:06
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#21
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Member Group: Members Posts: 30 Joined: 29 Oct 2018 Member No.: 100,647 |
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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Sat, 3 Nov 2018 - 18:54
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#22
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
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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Sat, 3 Nov 2018 - 19:01
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#23
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
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. -------------------- Moderator
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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Sat, 3 Nov 2018 - 22:04
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#24
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
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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Sat, 3 Nov 2018 - 22:29
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#25
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
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.
-------------------- Moderator
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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Sat, 3 Nov 2018 - 23:04
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#26
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
Agreed, it's waffle.
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Sun, 4 Nov 2018 - 18:48
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#27
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Member Group: Members Posts: 30 Joined: 29 Oct 2018 Member No.: 100,647 |
emailed to ccbcaq@justice.gov.uk
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Sun, 4 Nov 2018 - 21:37
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#28
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
emailed to ccbcaq@justice.gov.uk Including the bits that are just waffle? -------------------- Moderator
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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Sun, 4 Nov 2018 - 22:47
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#29
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Member Group: Members Posts: 30 Joined: 29 Oct 2018 Member No.: 100,647 |
Yes took them off - see what happens now
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Mon, 5 Nov 2018 - 08:48
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#30
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Member Group: Members Posts: 30 Joined: 29 Oct 2018 Member No.: 100,647 |
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. -------------------------------------------------------------------------------- This e-mail and any attachments is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail. Internet e-mail is not a secure medium. Any reply to this message could be intercepted and read by someone else. Please bear that in mind when deciding whether to send material in response to this message by e-mail. This e-mail (whether you are the sender or the recipient) may be monitored, recorded and retained by the Ministry of Justice. Monitoring / blocking software may be used, and e-mail content may be read at any time. You have a responsibility to ensure laws are not broken when composing or forwarding e-mails and their contents. |
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Mon, 5 Nov 2018 - 09:12
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#31
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
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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Mon, 5 Nov 2018 - 18:27
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#32
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
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. -------------------- Moderator
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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Tue, 20 Nov 2018 - 15:56
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#33
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Member Group: Members Posts: 30 Joined: 29 Oct 2018 Member No.: 100,647 |
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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Tue, 20 Nov 2018 - 16:25
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#34
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
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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Sun, 25 Nov 2018 - 17:13
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#35
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Member Group: Members Posts: 30 Joined: 29 Oct 2018 Member No.: 100,647 |
Great thanks for the heads up
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Wed, 5 Dec 2018 - 22:12
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#36
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Member Group: Members Posts: 30 Joined: 29 Oct 2018 Member No.: 100,647 |
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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Thu, 6 Dec 2018 - 12:46
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#37
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
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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Sat, 8 Dec 2018 - 22:07
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#38
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Member Group: Members Posts: 30 Joined: 29 Oct 2018 Member No.: 100,647 |
Cant log onto MCOL ???
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Mon, 10 Dec 2018 - 08:17
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#39
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
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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Tue, 11 Dec 2018 - 10:33
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#40
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Member Group: Members Posts: 30 Joined: 29 Oct 2018 Member No.: 100,647 |
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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