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#Post#: 38207--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: September 24, 2024, 6:42 pm
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It was received through the post.
If I don't find it, can I SAR it before I file the defense?
#Post#: 38209--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: September 24, 2024, 6:51 pm
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So NtK then. Been a while, so a bit rusty on the jargon.
#Post#: 38215--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: b789
Date: September 24, 2024, 7:34 pm
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You don’t need the NtK to file your defence. Imagine that you
had no idea about the PCN and the very first you knew anything
was when you received the Claim form.
You are supposed to be able to plead a defence based whatever is
in the Particulars of Claim (PoC). Can you? Obviously not,
because the PoC are woefully inadequate and do not comply with
CPR 16.4.
There is good, recent persuasive case law where claims are
struck out for failing to plead the claim properly. The defence
we provide is short and provides a draft order for the judge to
order the claimant to provide further PoC. It is an order that
no claimant has successfully managed to comply with to date.
#Post#: 38216--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: September 24, 2024, 7:55 pm
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Noted. And that sounds encouraging. On the NtK, I thought I was
following your advice:
--- Quote ---
> If you can, also show the original Notice to Keeper (NtK) to
see how they've worded the claim compared to the original
allegation and whether there is any keeper liability.
--- End Quote ---
For example, what if the NtK itself was also non-compliant?
Doesn't that add grist to the defense? Anyroad, too late now.
Ready to hit the sack. I'll post up the redacted N1 later this
AM. And I still wanna find that NtK regardless, but won't
spend/waste too much time looking for it.
If I can't find it, then SAR it is.
#Post#: 38296--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: September 25, 2024, 11:37 am
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Can s/one give me the link for uploading images please?
Thx.
#Post#: 38307--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: b789
Date: September 25, 2024, 12:19 pm
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--- Quote from: Eryobotrya link ---
>
> Can s/one give me the link for uploading images please?
>
--- End Quote ---
READ THIS FIRST - Private Parking Charges Forum guide
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/<br
/>
#Post#: 38356--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: September 25, 2024, 7:53 pm
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With apologies for the delay. It's been one of those days. NtO
to follow - if I can find it. Haven't searched yet.
Hopefully, this link will work. Otherwise, let me know.
HTML https://imgur.com/a/MvMptrZ
HTML https://imgur.com/a/MvMptrZ
#Post#: 38357--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: September 25, 2024, 7:56 pm
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Just tested the link, and it worked fine for me. Should work for
you too.
#Post#: 38363--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: b789
Date: September 26, 2024, 2:06 am
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With an issue date of 16th September, you have until Saturday
5th October to submit your Acknowledgement of Service (AoS).
Follow the advice in this PDF to submit your AoS:
HTML https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
There is nothing to be gained by delaying the AoS. Once the AoS
has been filed, you then have until 4pm on Monday 21st October
to submit your defence.
Let us know when you have submitted the AoS and we will provide
a short defence and accompanying draft order. As the Particulars
of Claim (PoC) lack precise detail in respect of the factual and
legal allegations they do not comply with CPR 16.4(1)(a).

A preliminary matter will be introduced requesting that the
claim be struck out.
We don’t need the NtK. The PoC should be sufficient in order to
understand the allegation. They are not. To help you understand
why not and why you will be asking for the court to strike out
the claim, have a read of those two recent persuasive appeal
judgments:
CEL v Chan
HTML https://www.dropbox.com/scl/fi/xy54utt9djv55xitfp7lk/CEL-appeal-transcript.pdf?rlkey=304syf9czf5arl3i1u1ircjln&dl=0
CPMS v Akande
HTML https://www.dropbox.com/scl/fi/y631olc61z1slr6xfrdsk/CPM-v-AKANDE.pdf?rlkey=kltpojedcxiwarxr0sdfyjo05&dl=0
#Post#: 38364--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: September 26, 2024, 2:11 am
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AoS already filed. See post #6.
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