Civil Enforcement Ltd County Court Business Centre Claim

[charitynjw]

When you say directions questionnaire stage, do you mean sending back the form? Because that went back over a week ago. It didn't ask to attach anything, just a tick box whether or not I want to use written expert witness evidence. There was no request or instructions on sending evidence to anybody- the court or claimant. It only said send a copy of the directions questionnaire to the claimants too. I've sent nothing at all other than the questionnaire back to the court.

That's fine.
You should receive directions in due course re allocation to venue (usually your local court) & track (usually Small Claims for private parking issues.)
You will probably be invited to take part in out-of-court mediation (via the court's Mediation Service.)
If it were me I'd say yes to that. (Courts like to see at least an attempt by both parties to settle out of court.)

[Lyat]

Yes that's what I'm referring to charitynjw that's all been done. It (the directions questionnaire) already went while out a good while back. The small claims track etc was all done to my local court but no hearing date etc yet. I need to know about evidence etc. When would that go? I haven't provided any as there was no instructions to provide anything.

[charitynjw]

Yes that's what I'm referring to charitynjw that's all been done. It (the directions questionnaire) already went while out a good while back. The small claims track etc was all done to my local court but no hearing date etc yet. I need to know about evidence etc. When would that go? I haven't provided any as there was no instructions to provide anything.

If there has not been a hearing date given yet, that may well be the reason for no directions for swapping evidence. (Which is often done min 14 days before the hearing.)
You could phone the court to check on current status of the claim.
Have you heard yet re mediation?

[charitynjw]

15th April 2019 it's supposed to say

(From other thread)

If that is the claim issue date, your 33 days is up today.

Your defence needs to be in by Monday, 4 pm latest.

[Lyat]

I did call the court who hasn't yet received the file but their admin was due at s different location in Brighton so I called them instead who said CEL haven't sent in a defence yet and it's 28 working days so that'll be up by the 7th June I believe and there won't be any hearing date sent until after that date as that's when the judge will decide re evidence etc.

[ostell]

That info doesn't sound correct. Why would CEL send in a defence when they are the claimant, unless you have counterclaimed, (I haven't read through all the thread) and it is 28 calendar days.

[Lyat]

Yes ostell I did counterclaim which you must have missed as it's discussed earlier in the thread. But I was very specific about clarifying if it was working days or not and they said it was working days (to which I responded "so it's not really 28 days but a bit more" and she said "well yes").

It's cool though I thought I might have missed something regarding evidence as it doesn't request any evidence in the directions questionnaire, only the questionnaire itself. And according to the advice here and the court lady,I have to wait to hear from the judge re a hearing date first and then follow any evidence directions. X

[ostell]

I still think it's 28 calendar days, others will not doubt comment. Everything else is calendar days so why should that be different?

If it is 28 calendar days AND they have missed it then go for a default judgement now.

Your evidence comes later, with the witness statement that is usually (but not always) required 14 days before the hearing date. It's your witness statement and exhibits of your evidence. again this is calendar days and not working days.

DQ is just a few questions and identifying a court local to you. DQ returned to the court AND opposition.

[Lyat]

Yes that's exactly was that DQ was and that's what I did with that so, phew!
the date they got my defence was the date they issued their claim was 14th April. It was acknowledged by the 18th and defence and counterclaim was received on the 25th April. If it's working days then I think it's around the 7th June but if not then 23rd May would be the last date they could submit. In any case, how would I go for a default judgement? What is the procedure for that and what does a request for that look like? X

[ostell]

Never done a counter claim but it should be a judgement request to the court

[charitynjw]

(2) Judgment in default of defence may be obtained only –

(a) where an acknowledgement of service has been filed but a defence has not been filed;

(b) in a counterclaim made under rule 20.4, where a defence has not been filed,

and, in either case, the relevant time limit for doing so has expired.

https://www.justice.gov.uk/courts/pr...es/part12#12.2

[charitynjw]

[Lyat]

I got the response from the SAR I sent out to CEL last month. Mine it dated 23rd April and there's dated 23rd May which I got today so I suppose they squeezed it into the date! But, I did NOT receive the original PCN on their bogus date! They list it as 28th June 2018 (I had parked there on the 20th) it was ages later! They've also added some blown up pictures which they didn't have in their original PCN which it looks like they've added in this bundle to look like it did? There's also letters in there I didn't receive at all. So do I just basically say they're lying?

There are a few bits that show their incompetence to be fair which I thought I might run passed you if you think they're worth flagging up in my hearing/evidence etc. It looks like they're going to go the whole way here and they're not backing down doesn't it.

[ostell]

DO NOT IDENTIFY THE DRIVER !!! The use of I me etc is discouraged.

So post up their alleged first PCN and give us the date that the driver actually parked.

[Lyat]

It doesn't let me post them properly on here and they're very unclear. Is there an email add I can send them to for you to see?