The Dreaded Civil Enforcement Ltd

[Stravinskykof]

Re: The Dreaded Civil Enforcement Ltd

Still no word from the court on the Order made from the Judge? When's the deadline again for posting this "counter"? Hopefully if posted out tomorrow then you should receive it in the next couple of days.

Have to be honest I haven't had much time to do anything but off work tomorrow so I'll make sure to get your defence up. I think you still need to keep pestering the court for this Order and clarification as you can't do anything without it really.

R0b, you are being such a tremendous help here voluntarily .... you have your own life to lead as well so anything you do is always appreciated :-)

I asked about the order from the hearing and he confirmed it still hadnt been sent out. Twenty one days takes me to 27 October but I need enough time to get it in on time. I hope to have the documentation he mentioned in a couple of days but I can get no guarantee on the details from the hearing as now I cant talk to the court again :-(

[Stravinskykof]

Re: The Dreaded Civil Enforcement Ltd

Still no word from the court on the Order made from the Judge? When's the deadline again for posting this "counter"? Hopefully if posted out tomorrow then you should receive it in the next couple of days.

Have to be honest I haven't had much time to do anything but off work tomorrow so I'll make sure to get your defence up. I think you still need to keep pestering the court for this Order and clarification as you can't do anything without it really.

Ive now received the order from the court together with the very limited paperwork they have
Is this enough for us to do anything with, as I think I can be sure I will be getting nothing more

[R0b]

Re: The Dreaded Civil Enforcement Ltd

That's enough to go off, strange order but confirms that the "counter" suggested by the judge meant filing a defence. I've already amended a fair bit on your defence which i'll upload later today as I am working a different computer.

Have you since tried to get any documents from the Civil Enforcement?

[mystery1]

Re: The Dreaded Civil Enforcement Ltd

Ive now received the order from the court together with the very limited paperwork they have
Is this enough for us to do anything with, as I think I can be sure I will be getting nothing more

What a crock of shite. How exactly does any judge expect a defendant to put in a good defence to a claim which doesn't contain any cause of action, fails cpr 16.4 and pd 16 7.5 rather spectacularly ? This should have been set aside then struck out immediately under the courts own motion.

Anyway, the address you've sanitised, is that accurate for you ? If so you seem to have a postage problem. If not then the judge has ballsed up as he MUST set aside with no condition.

M1

[Stravinskykof]

Re: The Dreaded Civil Enforcement Ltd

That's enough to go off, strange order but confirms that the "counter" suggested by the judge meant filing a defence. I've already amended a fair bit on your defence which i'll upload later today as I am working a different computer.

Have you since tried to get any documents from the Civil Enforcement?

Never received anything - I have tried - they ignore my letters (recorded), emails and telephone messages

What a crock of shite. How exactly does any judge expect a defendant to put in a good defence to a claim which doesn't contain any cause of action, fails cpr 16.4 and pd 16 7.5 rather spectacularly ? This should have been set aside then struck out immediately under the courts own motion.

Anyway, the address you've sanitised, is that accurate for you ? If so you seem to have a postage problem. If not then the judge has ballsed up as he MUST set aside with no condition.

M1

The address I redacted is my correct address as the courts have updated it in August when this all came to light. the other address shown on the docs here in Bowen Cout is the one I left in March 2014, long before the CCJ was made

[mystery1]

Re: The Dreaded Civil Enforcement Ltd

Never received anything - I have tried - they ignore my letters (recorded), emails and telephone messages



The address I redacted is my correct address as the courts have updated it in August when this all came to light. the other address shown on the docs here in Bowen Cout is the one I left in March 2014, long before the CCJ was made

The incident appears to be from early 2015. Did you forget to change your v5 details ? If so when did you, if ever, change them (and what date is on the actual v5).

M1

[Stravinskykof]

Re: The Dreaded Civil Enforcement Ltd

The incident appears to be from early 2015. Did you forget to change your v5 details ? If so when did you, if ever, change them (and what date is on the actual v5).

M1

No I didnt forget to change my V5 details ... licence & V5 and electoral list were done at the same time although I vaguely remember that the V5 docs were lost (presumably at DVLA or postal) and I had to re do it when it became apparent.

Looking at the V5 it is dated 5.5.15 so that could have been the issue, but having said that it was a year later that the CCJ was done and I know from the present owner of my previous address who had my forwarding details after the postal redirect expired, that no paperwork was received there. I have no reason to doubt him and I have an email confirming this from him which he is happy for me to use in court papers.

[Stravinskykof]

Re: The Dreaded Civil Enforcement Ltd

That's enough to go off, strange order but confirms that the "counter" suggested by the judge meant filing a defence. I've already amended a fair bit on your defence which i'll upload later today as I am working a different computer.

Have you since tried to get any documents from the Civil Enforcement?

I'm trying to sign up to VIP as well, by the way to support the site as thanks ... cant seem to do it at the moment for some reason but will get admin advice :-)

EDIT: signed up and paid, just waiting to be upgraded

[R0b]

Re: The Dreaded Civil Enforcement Ltd

Morning [MENTION=88904]Stravinskykof[/MENTION]

I've attached amended version for you. This is on the basis of what you have said so far including what the Order says, have a read and if you have any questions on it let me know

[R0b]

Re: The Dreaded Civil Enforcement Ltd

Just to add to my previous post, para. 6 could be removed as this is covered by para. 2 and under para.7 the brackets should be removed and it should read as CPR 6.9

[mystery1]

Re: The Dreaded Civil Enforcement Ltd

As this is a parking matter, and probably acceptance by conduct, practice direction 16 7.5 will likely apply.

7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.

M1

[Stravinskykof]

Re: The Dreaded Civil Enforcement Ltd

Morning @Stravinskykof

I've attached amended version for you. This is on the basis of what you have said so far including what the Order says, have a read and if you have any questions on it let me know

Good morning, and thank you again. You've convinced me! :-)
Clearly there's a way of wording things that isnt clear to the man in the street

I've re typed it all, and initially I will submit electronically together with the email from the owner of my previous property saying he has received no mail for me and that he has my details to forward to me should any have arrived. I'll also enclose copies of the two letters to Civil Enforcement Ltd again.

I notice there is a signature section and although I've been told I can submit electronically, I guess I will have to take a signed hard copy to the court to make sure it gets there before tomorrow. I guess my only two questions are ...... Do you think I should I send a copy of the defence to Civil Enforcements Ltd and should I also submit that order that I originally posted with the papers to the court?

[Stravinskykof]

Re: The Dreaded Civil Enforcement Ltd

Just to add to my previous post, para. 6 could be removed as this is covered by para. 2 and under para.7 the brackets should be removed and it should read as CPR 6.9

Just saw these posts, have made those amendments

As this is a parking matter, and probably acceptance by conduct, practice direction 16 7.5 will likely apply.

7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.

M1

Thanks, OK that should be 6.9 or 7.5?

[R0b]

Re: The Dreaded Civil Enforcement Ltd

CPR 6, Rule 6.9 is complying with service of the claim form - http://www.justice.gov.uk/courts/pro...les/part06#6.9

And I believe M1 means Practice Direction 16, Rule 7.5 - https://www.justice.gov.uk/courts/pr.../pd_part16#6.1

As for the signature, you must signed the Defence as it is a requirement. You could print it out, sign and scan it back in then send to the court and the claimant.

Alternatively you could sign the defence electronically if you wish and if you google free electronic signatures there's plenty out there that you can use either by inserting it as an image or uploading the document and doing it online.

Be sure to send the email from an email address that could be identifiable as yourself and not something like funkywarrior@outlook.com as the other side might argue that an electronic signature is invalid and the send cannot be ascertained as being you. There has been some case law on electronic signatures and it has previously been accepted but you don't want to give them any scope to throw it out.

Also send a copy by post if that is possible, and yes you should send a copy to CEL, by email too if you can.

[Stravinskykof]

Re: The Dreaded Civil Enforcement Ltd

CPR 6, Rule 6.9 is complying with service of the claim form - http://www.justice.gov.uk/courts/pro...les/part06#6.9

And I believe M1 means Practice Direction 16, Rule 7.5 - https://www.justice.gov.uk/courts/pr.../pd_part16#6.1

As for the signature, you must signed the Defence as it is a requirement. You could print it out, sign and scan it back in then send to the court and the claimant.

Alternatively you could sign the defence electronically if you wish and if you google free electronic signatures there's plenty out there that you can use either by inserting it as an image or uploading the document and doing it online.

Be sure to send the email from an email address that could be identifiable as yourself and not something like funkywarrior@outlook.com as the other side might argue that an electronic signature is invalid and the send cannot be ascertained as being you. There has been some case law on electronic signatures and it has previously been accepted but you don't want to give them any scope to throw it out.

Also send a copy by post if that is possible.

I'll get on it thanks. If i cant get the signature software I'll take the route of lodging electronically and then delivering a signed one to the court (only half an hour away) or sending it by recorded
I'll state on the email that I send with the docs that an original signed one has been sent. My email address is my name, so that should be fine