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

[Leannejh1]

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.

[R0b]

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.

[Leannejh1]

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

[R0b]

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.

[Leannejh1]

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

[jaguarsuk]

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

[Leannejh1]

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

[jaguarsuk]

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

[ostell]

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.

[Leannejh1]

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