CEL ANPR PCN PAPLOC now claimform - Morrisons, Butterfly Walk Car Park Denmark Hill Camberwell, London SE5 8RW***Claim Dismissed***

[FTMDave]

Free now to do work on this if you want.

 

You shouldn't delay, the fleecers will know about the rejected defence too and will be keen to obtain judgement ASAP.

[StoryBoard]

Sorry, just seen. What do I need to do to complete these? Will log on now.

[FTMDave]

First you need to fill in the N244.  We'll help you with any bits that are confusing.

 

Then you need to prepare a Witness Statement.  Have a look at the attachment in post 110 here  https://www.consumeractiongroup.co.uk/topic/421775-vcs-spycar-pcn-paploc-now-claimform-no-stopping-east-midlands-airport/page/5/#comments  (if it's not in post 110 it'll be a couple of posts above or below, sometimes the post count goes wonky).

 

Don't worry about the length of the WS you will find.  Yours only needs to be around a page of A4.  But you can copy the style of the initial headers and the Statement of Truth at the end.  You just need to explain in a few paragraphs why you didn't file the DQ within the court's deadline.

 

Not wishing to be pessimistic, but before we do anything just check on MCOL that the fleecers haven't already entered judgement.

[StoryBoard]

OK, I'll open the N244 form now and look to complete it. I'll drop any questions on here I have.

 

 

10 minutes ago, FTMDave said:

Not wishing to be pessimistic, but before we do anything just check on MCOL that the fleecers haven't already entered judgement.

No update to MCOL. Last claim history line is:

 

Your defence was rejected on 19/02/2023.

[FTMDave]

Great news.

 

Hopefully you application will be granted before the fleecers can enter judgement.

 

What you need to prepare is very short.  We can do it in under an hour.

[StoryBoard]

What Order are you asking the court to make and why?

[FTMDave]

An order to allow your defence, which was struck out, to be accepted.  It was struck out due to your failure to file a Directions Questionnaire.  You didn't file due to moving home and not receiving the court letter.  It is in the interests of justice to allow you to defend the claim.

[StoryBoard]

Thanks. Used that same wording but referencing 'myself' rather than 'you'.

 

For 4 to 9

 

4 - Yes or No?

5 - without a hearing? Is that right?

6 - 10 minutes? Assumed No not agreed.

7 - do I leave this blank?

8 - Please advise level of judge...

9 - Does this need serving to anyone else?

10 - Which tick box do I use?

 

To the above statement would I be better to modify this to say '....file a Direction Questionnaire in time.' Or is this not relevant as it was struck out and unnecessary to even write here?

 

Do I include my (mobile) phone number and email address on page 5 after my address details?

[FTMDave]

4.  Yes (we'll do that later, very short)

5.  without a hearing

6.  10 minutes   No

7.  Blank

8.  Don't know.  Bear with me.  Will look up lowest level of judge

9.  Claimant

10.  The attached witness statement

 

Yep, you're right about adding "in time"

 

More in a mo

 

Yes to mobile and phone numbers.

 

However, keep a copy on your computer because in a couple of days you should send a copy to the fleecers too - but this time without mobile and e-mail details.

 

For 8 put "DDJ".

Edited February 23, 2023 by FTMDave
Clarity

[StoryBoard]

Understood.

 

I think form N244 is done.

 

Final queries (I think):

 

Assume for name of Court would be Northampton County Court

Fee would be stated as £108.00

What does the italics in the following require? the Claimant's name (including ref.) - Does anything other than their company name need to be added here?

Similarly same question for Defendant’s name (including ref.)

 

[FTMDave]

Four things need to go off to the court.

 

1.  The form.

 

2.  A short Witness Statement.

 

3.  The DQ (you already have that, just change the date).

 

4.  A copy of the order you would like the court to make.  I've knocked something up below.

 

1 hour ago, StoryBoard said:

######### Draft order######

 

Between

 

Claimant xxxxxxxx

 

-and-

 

Defendant xxxxxxx

 

Draft Order

 

It is respectfully requested the that the court order/communication dated 19.02.2023 claim number xxxxxxxx be varied.

 

It is Ordered

 

The Defendant's defence and Directions Questionnaire be accepted, and the defendant be allowed to defend the claim

 

Costs in this application

 

 

Signed 

 

Dated

 

 

Just put your name and the fleecers' name as shown on their claim form.

 

Recently there was confusion on the site about Northampton.  i think there is the Northampton bulk processing centre, and then a Northampton County Court which is different.  This should be shown on your recent court communications.  Have a look at them and I'll have a look back on your thread.

 

The court is: County Court Business Centre 

 

Now you need to do a short Witness Statement.  Headers in the style of Alaska101's WS.  Statement of Truth at the end again copied from Alaska101.  Two or three short paragraphs in the middle explaining you moved, set up a redirection service, never got the DQ, did get the court order/general sanctions order to submit the DQ by 18 January albeit late, did submit the DQ but a few hours after the court deadline, this was all due to postal error and no disrespect was mean to the court.

[StoryBoard]

Ok, the copy of the order is now done.

 

I have left the #### Draft Order #### line at the top of the letter as per your wording

 

As there were two court order/communication on 19/02/2023, do I need to identify (and modify wording in letter) for which one we are requesting judgement on?

 

Defence was struck out on 19/02/2023

Your defence was rejected on 19/02/2023

 

___

 

N244 form Court now changed to County Court Business Centre.

 

 

[FTMDave]

I don't think it makes much difference.

 

It amounts to the same thing.

 

Short WS time now.

 

Would you have time to dedicate 10 minutes to this tomorrow before 4pm?

[StoryBoard]

I'll do the WS now by looking at Alaska headings and post this up tonight.

 

When do I need to submit this package as expect that the court will close on Friday and payment and issues need to be done quickly?

 

 

[FTMDave]

By 4pm tomorrow.

 

The reason I ask if you'll have 10 minutes free tomorrow is this.  I have a general, amateur grasp of legal concepts, which is fine as you're not expected to argue legalese at small claims.  But I have no qualification in law and my last job in the legal department of a company ended in 1985!  However, there are some legal geniuses on CAG and if it's possible to get them to tweak this before 4pm tomorrow, why not?

 

I am however a Night Owl and will be up for the WS.

[StoryBoard]

Twit twoo....

I'm a night owl also.

 

Give me 30 minutes to post it. Many thanks for your time tonight. Invaluable.

 

Page 1                                                                                                                           Claim Number: XXXXXXXX

In the County Court

at Northampton (County Court Business Centre)

 

BETWEEN:

Civil Enforcement Limited

AND

XXXXXXXXXXXXXXXXXXXXXXXXXXX

Witness Statement of XXXXXXXXXXXXXXXXXXXXXXXXXXX

Introduction:

1. I, XXXXXXXXXXXXXXXXXXXXXXXXXXX, am the Defendant in this claim. I represent myself as a litigant-in-person, with no formal legal training. Everything in the following statement is true to the best of my knowledge and belief.

2. As of today’s date 23^rd February 2023 the MCOL website provides the claim status is noted as follows:

A claim was issued against you on 19/10/2022

Your acknowledgement of service was submitted on 11/11/2022 at 20:46:03

Your acknowledgement of service was received on 14/11/2022 at 01:05:33

Your defence was submitted on 15/11/2022 at 14:38:41

Your defence was received on 15/11/2022 at 16:05:12

DQ filed by claimant on 24/11/2022

DQ sent to you on 24/11/2022

General sanctions order was made on 06/01/2023

Defence was struck out on 19/02/2023

Your defence was rejected on 19/02/2023

 

3. I received a Claim Form through the post with the claimant quoted as CEL with the County Court address being Northampton. The issue date was stated as 19^th October 2022 but I only received it on 9^th November 2022. I completed the AoS within two working days.

4. The date for the AOS was 4^th November 2022. I received the letter on 9^th November 2022.

5. The date to submit Defence was 18^th November 4pm. I completed this as noted on 15^th November 2022.

6. On 25^th November 2022 I moved house and in doing so set up a Royal Mail redirection service to forward on any mail to my new address. I never received the DQ request.

7. On 18^th January 2023 I did receive via redirected mail the court order/general sanctions order which was dated 6^th January 2023. This letter was received via my Royal Mail redirection - First Class. I completed the form and submitted it on 19^th January 2023 electronically albeit less than a few hours after the court deadline. I received a confirmation of receipt of my email from CCBC AQ.

 

Page 2

8. At the time of my N180 submission my change of address was notified to the Claimant and the Court has also updated their records to cater for this from the same correspondence.

9. I have looked to comply with all the orders issued as efficiently as I can but due to postal errors and delays in receiving mail this has proven challenging and no disrespect was meant to the court.

 

_____

 

The layout of the above is better on the letter arrangement I have produced and is similar to the Alaska format.

 

I will look to review any comments received in the next hour or so, otherwise I'll pick up around 9am tomorrow morning with the intention of submitting before 11am tomorrow. 

[FTMDave]

Superb!

 

Before the Statement of Truth add a last paragraph -

 

"10.  Along with this Witness Statement I am sending the N244 form duly completed, my Directions Questionnaire, and a copy of the order that I would respectfully request the court to make".

 

If there are tweaks, all the better before 11am.

 

If in (6) you have a copy of what you asked RM to do, then add it as an exhibit as proof.  i.e.

 

6. On 25^th November 2022 I moved house and in doing so set up a Royal Mail redirection service to forward on any mail to my new address (Exhibit 1). I never received the DQ request.

 

Exhibit 1 would then be your fifth document to send to the court

 

Don't send a copy of all this to the fleecers.  You should.  But hey, "forget" for a couple of days.  Let's not encourage them to go for judgement.

 

 

[StoryBoard]

Thanks, great support.

 

I've just checked and my original DQ form and it has no date reference on this, so assume I can just use the same document again without alteration.

 

I'll check the Royal Mail agreement as will have this somewhere and add it, if found, as an exhibit.

 

The comment you made 'before the statement of truth' I'm not sure what this refers to. Do I add something else to this letter after the 10 comments? 

[FTMDave]

Yep, just a bureaucratic bit.  End with -

 

8. At the time of my N180 submission my change of address was notified to the Claimant and the Court has also updated their records to cater for this from the same correspondence.

 

9. I have looked to comply with all the orders issued as efficiently as I can but due to postal errors and delays in receiving mail this has proven challenging and no disrespect was meant to the court.

 

10.  Along with this Witness Statement I am sending the N244 form duly completed, my Directions Questionnaire, and a copy of the order that I would respectfully request the court to make.

 

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

[FTMDave]

You're supposed to sign a WS, so if you can, insert your signature at the end.

 

Great work tonight - take that fleecers!

[StoryBoard]

I will sign the statement (and date it?).

I've found the Royal Mail correspondence so will add that evidence in also as exhibit 1. (5th document)

[FTMDave]

Yes x 3.

[StoryBoard]

If I follow the advice provided by the court and send correspondence electronically via email, do I still need to follow up with 3 hard copies posted to them also?

___

 

Once the form(s) have been completed, they can be submitted to the court via one of the correspondence options below:

 

The County Court Business Centre

St. Katharine’s House

21 – 27 St. Katharine’s Street

Northampton

NN1 2LH

 

Email:  [email protected]

 

 

Thanks.

[FTMDave]

No, e-mail is enough.

 

In the subject field write the claim number, the names of the parties, and "N244 application".

 

It's essential this is done by 4pm today.

Edited February 24, 2023 by FTMDave
Extra info added

[StoryBoard]

Fee paid.

Documents sent to [email protected] via email.

This is to request that the court order/communication is varied to reinstate a defence after failing to file a DQ.

I've noticed that the MCOL website will be unavailable (down for essential maintenance) on Sat 25 and Sun 25 February so expect a claim reference update no earlier than next week..

Thanks. I'd already sent it but did include the Claim reference in the subject title but not the rest you mentioned.

I listed the documents in the body of the email as well as attach them and also included the payment reference that was provided today from the courts for the fee paid.

The subject title of the email was APPLICATION (Claim XXXXXXXXX) - re-instate a defence after failing to file DQ - no Judgment