CEL/? Claimfprm - PCN Over stay - Soho Road Car Park, Birmingham

[kkkoyes]

Name of the Claimant: Civil Enforcement Ltd

Date of issue: 13th January 2017

 

 

Date to acknowledge = 31.01.2017

 

 

DAte to submit defence = 4pm 14.02.2017

What is the claim for:

 

1.The Claimant claims the sum of 248.05 for Outstanding debts and damages including 12.05 interest pursuant to S.69 of the county courts Act 1984. Total debt and interest due - 248.05.

 

I will provide the defendant with separate detailed particulars within 14 days after service of the claim form.

 

What is the value of the claim? £323.05 including all costs.

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim: Only Civil Enforcement Ltd are mentioned, no mention of creditor or account being assigned

Were you aware the account had been assigned – did you receive a Notice of Assignment? No. I didn't even receive a letter before claim.

I have attached the claim form and the separate particulars of claim form (dated 24 January 2017).

 

 

The particulars were sent after I acknowledged the service.

(I have attempted to upload redacted version but correct me if its not all correct!)

 

My first question is how long do i have to submit my defence/skeleton defence?

 

A claim was issued against you on 13/01/2017

Your acknowledgment of service was submitted on 22/01/2017 at 14:55:15

Your acknowledgment of service was received on 23/01/2017 at 01:09:20

The website states

Before you can file a defence to the claim against you, you must make sure the following apply in your case:

 

you are filing your defence within 14 days of service of the claim on you (a claim is considered served on the fifth day after it is issued)

or

where separate detailed particulars of claim were served, within 14 days of service of those

or

if you filed an acknowledgement of service, within 28 days of service of the claim (or separate particulars)

 

 

Hey knowledgeable ones.....

 

I was hoping you are able to help advise me on the next steps in the scenario below.

 

As they sent a separate particulars of claim dated 24 Jan

- am i correct to assume i have 28 days from this date to submit my defence?

 

Secondly i have not recieved a letter before claims.

Nor do i recall the NTK - although this may been sent i would like to see if its valid and also i can't see any evidence specifically any images of the vehicle alleged to made the contravention.

 

 

So how am I supposed to accept their allegations - based on their nothing but their words?

 

Do i send a CPR requesting evidence and if so do i include in the above points.

 

 

I have seen the template CPR request but can i include the above in it and if so how best to word this please?

 

 

I suppose the skeleton defence can be addressed later after the CPR

 

 

but any thoughts welcome! If you have any links you can direct to me that might help that would be most appreciated also

 

Many thanks

COURT LETTER.pdf

PARTICULARS OF CLAIM.pdf

[dx100uk]

filing date is 14th

get the cpr running

you don't need to adapt it

 

 

bit late to come here

you've lost 22 days of your 33!!

[ericsbrother]

WHAT!!!!. You have sat on this for the last month.

You are not new to this forum and presumably capable of reading other postings

so you should be aware of timings and what you need to do is nothing to do with what they get up to,

you will lose by default because you cant be bothered to read a form properly.

 

 

The form said you have until a date and that is that.

You need to file a defence and fax it (or use MCOL) to the court TODAY or you will lose, regardless of how rubbish their claim is.

 

The simplest defenec is that "the plaintiff has shown no cause of action against the defendant

 

 

that the particulars of claim are so vague as to give no indication of what this may be.

 

 

It is denied that there has been any contractual relationship between the plaintiff and the defendant and the defendant puts it to strict proof that such a contract ever existed"

 

That will do until you have to submit a full defence,

in the meanwhile you have to start using some sense and tell us all about this event.

 

 

If it is from another posting then you should have continued on that thread rather than starting a new one and confusing matters.

 

dates times places, sight of all of their letters etc, sight of the POC.

 

Also get you CPR 31.14 request for documents in to them,

there is a standard layout for this so just copy it.

[dx100uk]

already knows full well what to do eric

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?466041-Park-Watch-(Defence-Systems-ltd)-Gladstone-claimform-PCN-Now-£234.87

 

 

dx

[ericsbrother]

The winning or losing is in the detail im many cases,

even the common meaning of a word can be the decider

so better to get something down in writing before the clock runs out

and then the OP can tell us all of the missing information that is needed to make the slightest sense of this particular claim.

 

 

CEL are out and out bandits,

they cant even remember to fill out their Companies House forms properly so as to make them legal,

 

 

dealing with them here may end up with a walkover as they dont like to appear anywhere in daylight

 

 

but that doesnt mean telepathy works all of the time so give us some insight into this eh OP?

[kkkoyes]

Hey all

 

Firstly just to clarify

this is not from a separate posting and has nothing to do with any previous post i have made on this website.

 

 

It is separate claim that has just come to my attention after I received the claim form attached to the original post.

 

I have not sat on it for a month.

I did not want to post here when,

as you will see in the original claim form,

there was nothing useful in it and only stated they will send a "separate particulars of claim within 14 days".

 

 

I thought i would wait for this before proceeding.

They then sent the particulars of claim in the post

(dated 24 Jan- received around 27th)

so it has not been very long at all since then that i've posted up all the details here.

 

On the MCOL website it says that Before you can file a defence to the claim against you,

you must make sure the following apply in your case:

 

you are filing your defence -----

if you filed an acknowledgement of service, within 28 days of service of the claim (or separate particulars)

 

Now as they served separate particulars dated 24 Jan + 28 days - my understanding is that i have until 21st Feb.

 

My question was is that correct.

If not and we are going with the date on the claim form then i understand i have until 14 feb

--- and i don't have to submit the skeleton defence by today do i????

 

Second question was

if all they are relying on in their particulars of claim

then this surely cannot be enough to convince a judge that i am liable for any charges.

 

 

Are they able to bring evidence at later stage that they have not included in their original particulars?

 

 

This is why i want to know if i should request these from them at this stage using the CPR

- such as copies of the NTK,

the contract,

the letter before claim -

-- because i have not seen any of it

 

 

i would like to review these before submitting my defence

or is it best not to mention it and just submit a standard CPR template and submit a skeleton defence quite simply as you've stated that the plaintiff has shown no cause of action against the defendant ??

 

Unfortunately there is no further insight i can give to this as i can't seem to work out what this is about - no other correspondence.

All i have and know is what is attached to the original post!

 

Thanks

[dx100uk]

I wouldn't give them the availability of screwing you over

 

 

I would file by the 14 th and you should have gotten CPR off regardless.

 

 

dx

[kkkoyes]

Yes good point, i will get the CPR off in the morning and aiming to file by 14th.

 

 

Have contacted the parking prankster who agreed to help me with it so hoping for a better round this time!

 

I would love to put in a counter claim just to really teach these buggers a lesson!

 

 

let me know if you have any advice on that and if you think its worth it........

[dx100uk]

well please don't pay any money to resolve this to anyone...........

 

 

if recompense is gain able by whatever method via the court i'd always go for it.

 

 

normally you'd not get redress

but as we've seen time and again

they don't stick by the rules so why should you.........

[ericsbrother]

you misunderstand the filing dates so that s why i said file today, so you dont screw up by relying on faulty assumptions.

 

Whatever you say is not reliant on anything they say to get the idea that they are somehow linked out of your head.They dont have to prove any of their claim is ture if you dont defend it. That is for the day, you have to do what you need to do now and if they failt o do what they need to do you complain to court about the procedures not being followed,

 

you dont wait for them to sned you the right stuff, they wont, I have alrerady told you that they are crooks and will produce all sort of paperwork that is just generated on their computer rather than being genuine documents.

Edited February 6, 2017 by honeybee13
Paras.

[ericsbrother]

You have been given a suitable skeleton defence- that the plaintiff has shown no causel of action against teh defendant and the particulars of claim as so vague as to fail to comply with CPR 16.4 and that you request the claim be struck out under CPR 3.4 (2) a

That will do for the moment, the sooner you get this in the better, dont give them the time to challenge it.