• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

CCJ Set aside - now need to provide Defence and need help! CEL Limited

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • CCJ Set aside - now need to provide Defence and need help! CEL Limited

    R0b Thank you for your previous help with this vs Civil Enforcement Limited. I had the CCJ set aside (they didn't even turn up!)

    I had the CCJ set aside the order is:

    1. Judgement is Set aside
    2. The claimant shall file at court and serve the Defendant
    3. In so far as the defendant does not admit the matters pleaded in the detailed particulars of the claim. I need to serve defence to the claim.
    4. The court is to send out Direction Questionnaires upon receipt to the claim.

    This is what i need help with...As previously i did not know where this was supposed to have happened, the date or time. There is no photographic evidence provided just a schedule of information that they have given.

    I am not sure what defence i should put forward? The terms and conditions they have provided are as follows: original car park charge is phone & pay: £1 per hour, £5 all day. Payment must be made within 10 minutes of arrival. If you do not pay within 10 minute of arrival, or if you park longer than the period paid for, you agree to pay £100 to civil enforcement Limited. Additional costs will be incurred if payment is not received withing 28 days.

    If i was with my mum who is also registered on the car she is a blue badge holder and would have displayed a blue badge. I also have evidence of phone and pay being attempted twice on this day trying to pay? They are asking for over £300 plus legal fees which i think is wrong as the original bill is only £100 - where do i stand?

    Thanks again for your help.

    Tags: None

  • #2
    Hi Leanne,

    The order doesn't make sense so either you have edited it or the court has a very poorly drafted order. For example, point number two seems to be missing some words, I assume it says that the claimant is to file and serve the defendant detailed particulars of claim (this is because line 3 mentions detailed particulars)?

    Does the order give them a period of time to file and serve? Have they now done that?
    How long do you have to file a defence?

    It would be helpful to post up the order verbatim if you have indeed edited it on your post.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment


    • #3
      Hi R0b sorry i wasn't sure how much i should write so i edited the post.

      Please see documents, i have blanked out names and dates, they have already sent through their defence which was what they had originally sent to the county court when the CCJ was granted.

      Thanks
      Attached Files

      Comment


      • #4
        Originally posted by Leannejh1 View Post
        Hi R0b sorry i wasn't sure how much i should write so i edited the post.

        Please see documents, i have blanked out names and dates, they have already sent through their defence which was what they had originally sent to the county court when the CCJ was granted.

        Thanks
        Hi Leanne,

        Are you able to upload their particulars of claim too? If they have only re-sent through the original POC then they could be in breach of the order as it specifically states detailed particulars and the judge mentioned quite explicitly the lack of dates/times.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

        Comment


        • #5
          R0b The attachment was all I was provided when the original CCJ was requested.


          However the particulars of the claim that I attached above was dated the 7th April 2017?

          So what they have sent is not a new document but what must have gone to the county court business centre when the original CCJ was issued on the 07th April 2017

          In the order is says the claimant shall file at court and serve the defendant by the 31.01.2018 its details particulars of the claim so maybe that's why they sent the old one?

          Thanks for your help
          Attached Files

          Comment


          • #6
            Originally posted by Leannejh1 View Post
            R0b The attachment was all I was provided when the original CCJ was requested.


            However the particulars of the claim that I attached above was dated the 7th April 2017?

            So what they have sent is not a new document but what must have gone to the county court business centre when the original CCJ was issued on the 07th April 2017

            In the order is says the claimant shall file at court and serve the defendant by the 31.01.2018 its details particulars of the claim so maybe that's why they sent the old one?

            Thanks for your help
            If that attached is the only Particulars of Claim they have sent to you, it most certainly is not a detailed particulars of claim.

            Here's an example of what it should look like: http://4.bp.blogspot.com/-Pe_xE3_jix.../claim%2B1.jpg
            COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

            My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

            Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

            Comment


            • #7
              Originally posted by jaguarsuk View Post

              If that attached is the only Particulars of Claim they have sent to you, it most certainly is not a detailed particulars of claim.

              Here's an example of what it should look like: http://4.bp.blogspot.com/-Pe_xE3_jix.../claim%2B1.jpg
              Sorry If I have been confusing R0b

              Here are all the documents I have. The particulars of the claim starting on page 2 of the attachement were sent through post the court date by CEL however this is dated though April 2017.

              Can you advise me what I should be putting in my defence?

              Thanks again Leanne
              Attached Files

              Comment


              • #8
                Originally posted by Leannejh1 View Post

                Sorry If I have been confusing R0b

                Here are all the documents I have. The particulars of the claim starting on page 2 of the attachement were sent through post the court date by CEL however this is dated though April 2017.

                Can you advise me what I should be putting in my defence?

                Thanks again Leanne
                I can't help formulate a defence, but ostell or warwick65 might be able along with Rob
                COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                Comment


                • #9
                  That particulars of claim is embarrassing in that it does not say how you breached their many conditions and you are therefore unable to write a suitable defence and ask the court to ask for a more complete PoC and permission to amend your defence when the detailed claim is sent.

                  are they claiming against, the registered keeper of the driver? Do they even know the driver? If against the registered keeper the RK is only liable for the original amount on the PCN. Their spurious additional claims for legal costs are not allowed in small claims.

                  That's all I can think of for the time being.

                  Comment


                  • #10
                    Originally posted by ostell View Post
                    That particulars of claim is embarrassing in that it does not say how you breached their many conditions and you are therefore unable to write a suitable defence and ask the court to ask for a more complete PoC and permission to amend your defence when the detailed claim is sent.

                    are they claiming against, the registered keeper of the driver? Do they even know the driver? If against the registered keeper the RK is only liable for the original amount on the PCN. Their spurious additional claims for legal costs are not allowed in small claims.

                    That's all I can think of for the time being.
                    Thank you ostell I have got myself very confused by this. I am going to write a brief defence and see what happens

                    Comment

                    View our Terms and Conditions

                    LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                    If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                    If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                    Announcement

                    Collapse

                    Support LegalBeagles


                    Donate with PayPal button

                    LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                    See more
                    See less

                    Court Claim ?

                    Guides and Letters
                    Loading...



                    Search and Compare fixed fee legal services and find a solicitor near you.

                    Find a Law Firm


                    Working...
                    X