**DISCONTINUED** County Court Business Centre Letter Received

[OliverJames]

Re: County Court Business Centre Letter Received

Thanks [MENTION=5553]charitynjw[/MENTION]

N9B form in my response pack apparently haha!!!

Is stating that I have never parked in that car park before, and if my car did park in there, I was not the driver, also I did not receive a letter from the claimant before this one be sufficient?

Conscious that the court will probably wish to have more detail than I am possibly able to offer them as i honestly don't think I should be liable for this!!!

Surely it is their job to now prove beyond doubt that their claim should stand, right?

This is so frustrating....

Thanks in advance

[charitynjw]

Re: County Court Business Centre Letter Received

Apparently i haven't filed any defence yet either...and he said that this should have been in my (something....) pack?

Lunch? Back?......only joking! Court claim pack.

As you've acknowledged the claim, you have 33 days from the claim issue date to file a defence, which can be done on-line, by email or by land mail. (Allow min 2 working days for this one).
I make that Sat 4th Nov, so the next working day, Mon 6th, is fine. (4pm latest)......but check my math!!
Don't leave it to the last minute in case there are any problems with MCOL log-on.

[OliverJames]

Re: County Court Business Centre Letter Received

An N215 is a pretty involved form which must be filed by the Claimant if PoCs are separate to the court claim form.


Good question.
CPR 6 is clear that a certificate of service must be filed within 14 days of service.
I would imagine that it would be at the court's discretion whether or not to sanction.
Can't do them any favours if they haven't done so, though.

So, i just called the court and they advice me that there has been no certificate of service processed yet, and it should have been received by the 21st October. That said, he also mentioned that they are processing an enormous backlog and are only just processing documents received on the 9th Oct!!!

Apparently i haven't filed any defence yet either...and he said that this should have been in my (something....) pack?

Thoughts?

Thank you!!

OJB

[charitynjw]

Re: County Court Business Centre Letter Received

An N215 is a pretty involved form which must be filed by the Claimant if PoCs are separate to the court claim form.

What is the impact if they havent filed this in time?

Good question.
CPR PD 7E is clear that a certificate of service must be filed within 14 days of service.
https://www.justice.gov.uk/courts/pr...pd_part07e#6.1
I would imagine that it would be at the court's discretion whether or not to sanction.
Can't do them any favours if they haven't done so, though.

[OliverJames]

Re: County Court Business Centre Letter Received

Did you get a Letter before claim dated after the 1st October?

It's the usual CEL rubbish. As they can't show who was driving in an ANPR controlled pay and display car park then they cannot state that the defendant was driving.

There are lots of recent CEL defences on the PePiPoo wesite that rubbish CEL PoC. use those as a basis.

Hi @ostell thanks for replying.

I haven't received anything other than a summons (which is at the top of my thread....if thats what it is) that i know of. I have asked my parents and they have advised me they have passed on everything that they have received for me. That has been letters from pension companies, a few birthday cards and a premium bonds win (result) to date...i have opened every letter i have received and none of them were relating to a fine!

What is the PePiPoo website?

Thanks again and any further advise will be welcomed!!

OllieJB

- - - Updated - - -

Also, phone the court to see if they have filed a certificate of service (Form N215).
This should be filed by CEL within 14 days of service (receipt) of the separate PoC.

Thanks again @charitynjw

What is this and who should i be calling?

What is the impact if they havent filed this in time?

I'm so sorry, I have never done anything like this before.

Regards

OllieJB

[charitynjw]

Re: County Court Business Centre Letter Received

Also, phone the court to see if they have filed a certificate of service (Form N215).
This should be filed by CEL within 14 days of service (receipt) of the separate PoC.

[ostell]

Re: County Court Business Centre Letter Received

Did you get a Letter before claim dated after the 1st October?

It's the usual CEL rubbish. As they can't show who was driving in an ANPR controlled pay and display car park then they cannot state that the defendant was driving.

There are lots of recent CEL defences on the PePiPoo wesite that rubbish CEL PoC. use those as a basis.

[OliverJames]

Re: County Court Business Centre Letter Received

Good morning Charity,

Copying in @MIKE770 & @jaguarsuk

Thank you for your response! I can't 100% confirm nothing was received, but only because it's not my address so I don't receive the post. That said, it's my parents address so they pass on all mail in my name and the second a brown envelope arrived they opened it and told me about the contents!

Since receiving this, I have been sent their follow up documents which I have attached.

I am now extremely confident it wasn't me as i've not parked in this car park!!! There is also no picture of the car and i didn't receive any ticket?

Is there any means for me to put my side forward, or at least request more evidence as I feel this is going to be judged based on their evidence only!!

Any thoughts or suggestions will be welcomed!

Thanks

OJB

[charitynjw]

Re: County Court Business Centre Letter Received

[MENTION=61850]OliverJB[/MENTION]

Just email the court & let them know that you made a mistake re contesting jurisdiction.
ccbcaq@hmcts.gsi.gov.uk
Put 'Civil Enforcement Ltd v [you] Court claim no [XXXXXXXX] - acknowledgement of service' in the subject box.
I normally copy myself in when sending. (Belt & braces).

Btw, are you certain you've received no other communications from CEL?

[MIKE770]

Re: County Court Business Centre Letter Received

no worry make no difference as I found out when I ticked wrong box never commented on it too me

[OliverJames]

Re: County Court Business Centre Letter Received

"contesting jurisdiction"! means if you live in england and claim is for scotland/vie versa - if correct leave alone

DOH! I think it's too late i did it via the portal this morning

[MIKE770]

Re: County Court Business Centre Letter Received

"contesting jurisdiction"! means if you live in england and claim is for scotland/vie versa - if correct leave alone

[jaguarsuk]

Re: County Court Business Centre Letter Received

Hi OliverJB you have until 33 days from the date on the claim form to file a defence, which I make to be Saturday 4th November 2017 and as it's a weekend that would mean you need to file before 4pm on 6th November. Hopefully others concur?

[OliverJames]

Re: County Court Business Centre Letter Received

| First Steps || Acknowledge a Claim |


if you have a claim then time limit or they get default judgment, another undated POC/ the poc is in the one you got acknowledge on line thru MCOL

defend all

Thank you. I have gone online and submitted a "Response Pack" to which i ticked 1) I intend to defend this claim, and 2) I intend to contest jurisdiction

The second one i was less sure about as there is little or not information that i read that i understood regarding "contesting jurisdiction"!

Hopefully this gives me some time to receive their evidence and decide how to proceed!

Thanks for your feedback [MENTION=3599]MIKE770[/MENTION] & [MENTION=104499]jaguarsuk[/MENTION]

[MIKE770]

Re: County Court Business Centre Letter Received

| First Steps || Acknowledge a Claim |


if you have a claim then time limit or they get default judgment, another undated POC/ the poc is in the one you got acknowledge on line thru MCOL

defend all