County court blank claim form received from DEAL (CO-OP). please help (pcn 2011)

[danhouse1971]

hi all,

really would appreciate your view and guidance,

i too have received a nice letter from DEAL (acting on Co-OP / and before that from CEL and Newlyn) , they have sent me a copy of a draft Court notice,
as the PCN relates to Nov 2011 ,can you confirm the advice for a pcn received in that year (before Popla ?)
we have recevied some of the usual letters others have mentioned and this last one from DEAL suggesting court action (we have never replied to any of the letters, just filed away) .
we havnt received a formal court letter yet, just the blank draft copy from DEAL.
the advice on other forums because this is Nov 2011 has been to ignore until any formal court paper arrives (which it hasnt yet)
so is the advice to still ignore until such time a formal court letter is recevied or should i do something about it (write to coop)?


thx in advance
Dan

[Amethyst]

Re: County court blank claim form received from DEAL (CO-OP). please help (pcn 2011)

Would you be able to take a picture of the 'draft court notice' they have sent to you and post it up here?

[danhouse1971]

Re: County court blank claim form received from DEAL (CO-OP). please help (pcn 2011)

3 scans as attached.

[Amethyst]

Re: County court blank claim form received from DEAL (CO-OP). please help (pcn 2011)

Thanks for doing that - were the 'particulars of claim overleaf' attached ?

Cheeky gits, that's a really bad 'example' of the claim form too.

[mmmbeee]

Re: County court blank claim form received from DEAL (CO-OP). please help (pcn 2011)

Hi there, we have received an identical notice to that above relating to an alleged incident in a Co op car park in March 2011. They state (as per every other thread I have read) that they are drafting a particulars of claim which they hope to lodge at Northampton Crown Court on 24/9/14, along with a payment offer.

It is the last in a long line of letters which we have put to the side and ignored (which seemed to be the advice at the time) but am now very concerned as this relates to my daughters car and we would rather her not have any bad history due to me being stubborn and refusing to pay a penalty for a non proven act.

In my trawl through the various forums it seem the advice is being given that nothing can actually be done by Debt Enforcement & Action Limited......is this true and if so, is it due to time elapsed or some other reason?

Obviously I have shot myself in the foot if I could have advised her to do something when this happened 3 years ago but would appreciate any advice as to how to proceed.

Many thanks - hope its ok to post on this thread?


Thanks very much.

[danhouse1971]

Re: County court blank claim form received from DEAL (CO-OP). please help (pcn 2011)

hi Amethyst

yes, they attached a nice long list of particulars, im not sure its worth uploading that as once i remove the personal detail to keep the anonymous view there wont be much left... but essentially its a list of their view of the pcn, how the anpr camera aught the activity, letters sent and suchlike.

am i in trouble

[mystery1]

Re: County court blank claim form received from DEAL (CO-OP). please help (pcn 2011)

hi Amethyst

yes, they attached a nice long list of particulars, im not sure its worth uploading that as once i remove the personal detail to keep the anonymous view there wont be much left... but essentially its a list of their view of the pcn, how the anpr camera aught the activity, letters sent and suchlike.

am i in trouble

No you're not and yes it is

M1

[danhouse1971]

Re: County court blank claim form received from DEAL (CO-OP). please help (pcn 2011)

hi

ive attached the list of the 'Particulars of the claim' that came with the letter , ive removed the finer detail (reg number/timings etc)

what do you think?

[mystery1]

Re: County court blank claim form received from DEAL (CO-OP). please help (pcn 2011)

Dear DEAL,

I received your letter headed xxxxx on xxxx the contents of which are noted. It would appear that this is a letter before action although it is not compliant with the pre action protocols.

I deny any debt to CEL or DEAL and further deny being the driver of vehicle xxxxx on xxxx at xxxxx <<<<<<<<<<Delete part about driver if not correct

The pre action protocols dictate that in a letter before action the claimant should refer the defendant to the pre action protocol Practice Direction and in particular draw attention to paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction.

The pre action protocols also dictate that in a letter before action the claimant should set out the details of the matter in writing and a clear summary of the facts on which the claim is based.

The claimant should also list the essential documents on which the claimant intends to rely and i would like copies of these please, set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this and refer the defendant to the Practice Direction.

If financial loss is claimed, an explanation of how the amount has been calculated.

Please take this response as an acknowledgement of your LBA to which a full response will be provided within 14 days of rectification of the flaws in your letter. I am taking advice from persons with experience in these matters however that advice is limited until compliance with the above faults is achieved. I would however refer you to Civil Enforcement Limited v Kerry McCafferty. (21/02/2014 Luton County Court) in the mean time.

Yours etc


Have a read http://www.justice.gov.uk/courts/pro...action_conduct and adapt that to suit your circumstances.

M1

[danhouse1971]

Re: County court blank claim form received from DEAL (CO-OP). please help (pcn 2011)

thank you very much M1 , i'll drop this out to them right away .
really do have no idea who was driving at the time (being honest there, after all it was 3 years ago )
i also sent Co-op a little note based on other thread's knocking about , got a standard reply saying it will take 7-14 days for a response due to volumes of emails ( mostly parking related maybe!)