Received county court claim from Civil Enforcement Ltd for unpaid parking fine

[des8]

You can .... if it fits!
I think it might exceed the word count /line limit.

If you send by email insert in subject line; " Defence Civil Defence Ltd v Neilmusician claim no XXXXXX"

[neilmusician]

I've just gone to submit my defence on the money claim.gov website, and it is asking me to

"Please state your defence in a maximum of 122 lines in the box below.*"

So rather than submit a pdf, should I just copy my defence directly onto there?

[neilmusician]

I just managed to squeeze the defence into their characters/line limit, however I'm unable to submit as apparently my defence has invalid characters : cannot use <>

So how do I email the court directly?

The only email I can find is if you need help with submission

[des8]

You could try removing the unacceptable characters!

Send it to ccbc@justice.gov.uk. The email subject line must contain the 8-digit claim number.

[neilmusician]

Thanks DES8, that email address bounced back, saying: This mailbox is now closed, your email will not be actioned.


I went through the document and removed the offending characters, and now the money claim .gov site accepts the submission

[des8]

Phew!

[neilmusician]

Hi DES8

I've received an email reply from civil enforcement limited.

Dear Sir/Madam,

We refer to your email dated requesting disclosure of documents pursuant to CPR 31.14.

This claim was issued via the County Court Business Centre and is expected to be allocated to the small claims track. Accordingly, CPR Part 31 does not apply, pursuant to CPR 27.2, and the Claimant is not obliged to provide disclosure at this stage.

The Claimant’s case is adequately pleaded within the particulars of claim. All documents upon which the Claimant intends to rely will be provided in accordance with the Court’s directions, namely at the witness statement and evidence stage prior to the final hearing.

In the circumstances, your request for documents at this stage is declined. However, we can provide you with all correspondence issued to your address if necessary

We do not agree to any extension of time for the filing of your defence. You are required to comply with the deadline set by the Court.

For the avoidance of doubt, this correspondence may be relied upon in any subsequent proceedings.

Yours faithfully,
Legal Team on behalf of Civil Enforcement Ltd

[des8]

So just write back to them that the case has not yet been allocated to track and so CPR 27.2 does not apply.
Add that they should bear in mind the overriding objective especially CPR1.1(2) (c)

No need to say anything else as you have mentioned in your defence the lack of detail in their POC.

[neilmusician]

Ok will do DES8, Thanks again for your help

[neilmusician]

Hi DES8

I've received co-respondence from civil enforcement limited, regarding my letter requesting all documents that they will rely on in trial.

I've attached their letter below (in pdf).

They also included copies of the original parking fine letters plus other generic documents on how to pay and other previous court cases.

Other than that, there has not been any evidence included.

[neilmusician]

I also received a letter from the court, acknowledging the receipt of my defense.

I've attached the letter here, in pdf

[des8]

So if you post up whatever CEL have sent you, we can comment on it.

Delete the court letter attached to post 26 as it contains your name & address

[neilmusician]

Hi DES8,

Sorry for the delay. I've attached two PDF of copies of the parking fines they have sent.

All of the rest of the documentation is just ways to pay and they also included the parking eye versus beavis court case outcome as well as a couple of other court case outcomes.

[des8]

What you have posted up is i) court acknowledgement of receipt of your defence
ii) copy of reminder letter from CEL (with blanked out dates!)

In post 25 you stated "They also included copies of the original parking fine".
If they did send you copies of the original PCN (it's not a fine but a contractual charge) could you please post it up, leaving in all dates and times.

[neilmusician]

Hi DES8

Sorry for the late reply,

I've attached copies of the original contractual charge letters.

Also today I've also received more email correspondence regarding (see POST 23) my Request for documents mentioned in a statement of case under CPR 31.14.This is wrote they wrote:

Dear Sir/Madam,
We refer to your recent correspondence.
This matter has now been allocated to the small claims track. Accordingly, CPR Part 31 does not apply, pursuant to CPR 27.2, and the Claimant is not obliged to provide disclosure in response to your request under CPR 31.14.
Your reliance on the fact that the claim was previously unallocated is no longer relevant. The applicable procedural framework is now that of the small claims track, under which formal disclosure does not apply.
Further, we note that a Defence has already been filed in this matter. In the circumstances, your request for documentation at this stage is both unnecessary and disproportionate.
The Claimant’s case is adequately set out in the Particulars of Claim. All documents upon which the Claimant intends to rely will be filed and served in accordance with the Court’s directions, namely at the witness statement and evidence stage prior to the final hearing.
In the circumstances, your request for disclosure at this stage is declined. However, we are willing to provide copies of all correspondence previously sent to your address, should you require them.
For the avoidance of doubt, compliance with any Court directions remains required.
Yours faithfully,
Legal Team for and on behalf of Civil Enforcement Ltd