Civil enforcement limited court action

[Steph88]

A friend of mine has recieved a claim form from Northampton county court with the claimant being civil enforcement limited. He has submitted an acknowledgment of service, but any help with the defence would be appreciated. The claim refers to loss or damage which we have deduced is most likely from parking somewhere. My friend states he had had no prior correspondence from this company so has no idea what they are talking about, he is not the most organised of people hence asking me for help with the defence with roughly two weeks in which to submit it. Any help would be great thanks.

[Kati]

Re: Civil enforcement limited court action

Hi [MENTION=81015]Steph88[/MENTION] to LB.

I've moved your thread to the court claim section of the forum where you should get more help from the Beagles ... could you post a redacted copy of the claim form? Or email it to me (kati@legalbeagles.info) and I can?

[Steph88]

Re: Civil enforcement limited court action

Please find attached claim form

[Kati]

Re: Civil enforcement limited court action

OK ... they've acknowledged service of the claim form :thumb: I'll leave a :bump: for @mystery1 (CE are parking tickets/pcn related).

Close up of the POC:



Has your friend received the detailed particulars yet??

EDIT: I've unapproved the attachment of the full form as it had the claim number and reference showing xx

[mystery1]

Re: Civil enforcement limited court action

The defence is not due, and the countdown commence, until the particulars of claim are served.

https://www.justice.gov.uk/courts/pr...es/part15#15.4

The period for filing a defence

15.4
(1) The general rule is that the period for filing a defence is –
(a) 14 days after service of the particulars of claim; or
(b) if the defendant files an acknowledgment of service under Part 10, 28 days after service of the particulars of claim.
(Rule 7.4 provides for the particulars of claim to be contained in or served with the claim form or served within 14 days of service of the claim form)

There really isn't much to do until then, but make sure you contact them if the 14 days expire to find out why they haven't served them.
@Kati can you shift to the parking court claim list please

M1

[mystery1]

Re: Civil enforcement limited court action

https://www.justice.gov.uk/courts/pr...l/rules/part09



9.1
(1) This Part sets out how a defendant may respond to particulars of claim.
(2) Where the defendant receives a claim form which states that particulars of claim are to follow, he need not respond to the claim until the particulars of claim have been served on him.
Defence, admission or acknowledgment of service
9.2 When particulars of claim are served on a defendant, the defendant may –
(a) file or serve an admission in accordance with Part 14;
(b) file a defence in accordance with Part 15,
(or do both, if he admits only part of the claim); or
(c) file an acknowledgment of service in accordance with Part 10.

M1

[Steph88]

Re: Civil enforcement limited court action

My friend has now recieved the particulars they claim his vehicle was parked in a private car park of a casino of which he is a member. They say the car park is for authorised Casino customers only, of which he is. The problem he has is he does not remember the date in question as it was back in 2013. His other half has access to the car so could potentially have been the driver on the day, also as he is a member of the casino he could have parked and accessed the casino that day. There are no photos attached in the particulars of the claim. What do you think would be the best angle to tackle this as the amount requested is excessive for what is essentially a free car park when using the casino facilities.

[mystery1]

Re: Civil enforcement limited court action

It's not to late to contact the casino and ask them to intervene.

Post up a sanitised version of the paperwork.

M1

[Steph88]

Re: Civil enforcement limited court action

Please find attached particulars of claim. The issue date of the original claim for was 21st Jan so I think the defence has to be filed by 18th Feb, do you have any ideas how I should approach the defence. I will also help compose a letter to the casino and see if that helps.

[mystery1]

Re: Civil enforcement limited court action

I'll take a look in the next day or 2.

When did the particulars arrive and is there any date apart from 5th Feb on them, the cover letter or envelope ?

M1

[emanresu]

Re: Civil enforcement limited court action

[MENTION=5354]mystery1[/MENTION]. Drop us a line. I may have some information for you on this one

[Steph88]

Re: Civil enforcement limited court action

there are no other dates apart from 5th Feb. The particulars did not arrive until 11th feb

[mystery1]

Re: Civil enforcement limited court action

Have you acknowledged service ?

M1

[Steph88]

Re: Civil enforcement limited court action

there are no other dates apart from 5th Feb. The particulars did not arrive until 11th feb

[mystery1]

Re: Civil enforcement limited court action

Yes but if sent on 5th February you have 14 days from 9th (2 working days for service 5th is a Friday) to file a defence or file an acknowledgement of service. If you file acknowledgement of service you get 14 days extra. This would give us until 8th March o file a defence.

There are issues with the Solicitor which we would hope to compile a letter to the solicitors regulation authority and receive a reply before sending the defence. I'll be doing this today for people to get their own reply to submit as evidence later.

M1