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#Post#: 74384--------------------------------------------------
Re: Civil Enfocement letter Aka: ce-sevice.co.uk
By: b789 Date: June 2, 2025, 3:15 pm
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[quote author=concoj link=topic=3589.msg74297#msg74297
date=1748865913]
Tomorrow is the hearing and I don't know what to do or say
Please HELP
[/quote]
Don't panic. Here is a short video of what to expect and I doubt
that they will even send a representative to the hearing:
HTML https://youtu.be/n93eoaxhzpU?feature=shared
Make sure you take all your evidence and copies of the paperwork
you've already received and sent, including your WS and any
supplemental statements and draft order. Take two extra copies
of each item as there is a remote chance that some of the
paperwork may not have been received or has been mislaid. So, a
copy for yourself, one for the judge and one for the claimants
representative, if there is on.
Make sure you understand everything you have put in your
application of the set aside and why the claim should be struck
out after the set aside.
Make sure you get to the court early as you will have to go
through security and once inside, you can let the usher know you
are there. It's a great learning experience and we'd appreciate
any feedback you can give about your experience. Try and
remember the judges name for us and anything mentioned.
Just remember, read through this thread and understand what tis
process is all about and what you are asking the judge to
consider in your case. The judge will lead you through the
process and knows you are a layperson with no legal training. If
asked about your submissions, you can say the you have received
advice from the internet specific to your case. I tis perfectly
acceptable.
#Post#: 74385--------------------------------------------------
Re: Civil Enfocement letter Aka: ce-sevice.co.uk
By: b789 Date: June 2, 2025, 3:16 pm
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[quote author=concoj link=topic=3589.msg74366#msg74366
date=1748886516]
Got an email this afternoon including a 55 pages pdf
[/quote]
@concoj,how about hosing the pdf on DropBox or Google Drive so
that we can have a look and tell you anything about it.
#Post#: 74417--------------------------------------------------
Re: Civil Enfocement letter Aka: ce-sevice.co.uk
By: concoj Date: June 2, 2025, 5:01 pm
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is on google drive
#Post#: 74430--------------------------------------------------
Re: Civil Enfocement letter Aka: ce-sevice.co.uk
By: b789 Date: June 2, 2025, 6:22 pm
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If you're referring to the link you PM'd me, I don't conduct
advice by PM and anyway, the link required me to ask permission
for access.
Just post the link here and make it publicly accessible. Just
make sure that anything in the linked file is suitably redacted
of your personal info.
#Post#: 74491--------------------------------------------------
Re: Civil Enfocement letter Aka: ce-sevice.co.uk
By: b789 Date: June 3, 2025, 4:26 am
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You need to redact your personal information!!!!!!
#Post#: 74497--------------------------------------------------
Re: Civil Enfocement letter Aka: ce-sevice.co.uk
By: b789 Date: June 3, 2025, 4:47 am
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No doubt you Arte in court now waiting for your hearing. The
SAR, which was conveniently not responded to until the day
before your set aside hearing, contains evidence of their
failure to do the necessary checks before issuing the original
claim to an address you no longer resided at but they easily
found your current address a few years later when trying to
chase up the CCJ.
The original PCN, issued as a postal Notice to Keeper (NtK) was
not PoFA compliant and therefore they could never have held you
liable as the Keeper. If you never gave them the identity of the
driver, then they had no cause to sue you.
Please let us know how you get on in court today. Hopefully the
CCJ will be set aside (mandatory set aside) and the claim itself
will be struck out.
#Post#: 74521--------------------------------------------------
Re: Civil Enfocement letter Aka: ce-sevice.co.uk
By: concoj Date: June 3, 2025, 5:54 am
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Deputy District Judge Harper helped with the set aside today and
requested £300 cost to the claimant by 17/06/25. However 'not
strike out' as this was missing in the court application
although been requested in WS paragraph 20, part b.
New appointment, 24/06/25 to file + serve a defence by 4pm.
"20. In light of the procedural breaches, the defective service
of the claim form, the inadequacy of the PoC, and the fact that
the claim is now time-barred, I respectfully request that the
court:
a. Set aside the default judgment under CPR 13.2 or,
alternatively, CPR 13.3;
b. Strike out the claim under CPR 3.4(2) due to the Claimant’s
non-compliance with CPR 16.4 and CPR 7.5;
c. Award me my costs of this application on an indemnity basis."
[attachment deleted by admin]
#Post#: 74535--------------------------------------------------
Re: Civil Enfocement letter Aka: ce-sevice.co.uk
By: b789 Date: June 3, 2025, 7:51 am
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Well done How did you find it overall? Did the claimant have a
representative there?
Your CCJ has been set aside and the claimant must pay your costs
for the application. That's a great win in itself.
I'm not exactly sure what you meant by the rest of your posts
but you say "new appointment" (??) and you've been ordered to
submit a defence by 4pm on Tuesday 24th June. What is this
"appointment"? Is it the deadline for you to submit a defence to
the claim or for a hearing on the claim itself?
Has the claimant been ordered to submit further PoC or a new
claim?
You can request the strike out in your defence, assuming the
claimant doesn't throw the towel in before then.
#Post#: 74542--------------------------------------------------
Re: Civil Enfocement letter Aka: ce-sevice.co.uk
By: b789 Date: June 3, 2025, 9:11 am
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I suggest the following defence be submitted but only after
you've confirmed that the courts order in the set aside only
required the defendant to submit a defence and that there was no
other order on the claimant to submit a new claim or further PoC
to the claim that was set aside today:
[quote][center]IN THE COUNTY COURT AT CROYDON[/center]
[right]Claim No: H3GM808Q[/right]
[center]BETWEEN:
Cicil Enforcement Ltd
Claimant
- and -
[Defendant's Full Name]

Defendant
[hr]
DEFENCE[/center]
1. The Defendant is the registered keeper of vehicle
registration GJ60PEO.
2. The Defendant denies liability to the Claimant for the sums
claimed or any amount at all.
3. The Defendant was unaware of this claim until receiving a
letter dated 13 October 2024 from the Claimant, informing them
of a County Court Judgment entered in default on 15 June 2021.
The Defendant applied to set aside that judgment on the grounds
of defective service.
4. On 3 June 2025, the County Court granted the Defendant’s
application and set aside the judgment under CPR 13.2. This
confirms that no valid service of the claim form ever took
place.
5. The Claimant issued the claim on 14 May 2021. In accordance
with CPR 7.5(1), a claim form must be served on the Defendant
within 4 calendar months of the date of issue — i.e. by 14
September 2021.
6. It is now an accepted fact, as recognised by the Court in
setting aside judgment under CPR 13.2, that the claim form was
never served within that 4-month period. No application to
extend time for service was made within those 4 months.
Therefore, the claim form expired and cannot now be revived.
7. In Vinos v Marks & Spencer plc [2001] 3 All ER 784, the Court
of Appeal confirmed that failure to comply with CPR 7.5 by
serving a claim form within the permitted period is fatal to the
claim. The court has no power to retrospectively validate
service or to revive an expired claim form.
8. In light of Vinos, and the fact that no valid service took
place within the prescribed timeframe, the Court has no
jurisdiction to try the claim. The claim is void and must be
struck out accordingly.
9. Further and in the alternative, the Particulars of Claim do
not comply with CPR 16.4(1)(a), which requires a concise
statement of the facts on which the Claimant relies.
10. The Particulars of Claim filed in this case do not identify
a cause of action. They merely refer to a parking charge being
incurred and assert, without evidence or explanation, that the
Defendant breached unspecified terms and conditions.
11. No contractual terms are pleaded. No conduct is identified
as constituting a breach. No explanation is given as to how the
sum of £170 was arrived at, nor is any legal basis offered for
seeking the claimed interest or charges.
12. This style of pleading has already been criticised in other
persuasive appeals cases. In Civil Enforcement Ltd v Chan (2023)
[E7GM9W44]
HTML https://www.dropbox.com/scl/fi/nb9ypbecuurpmln00dily/CELvChan-appeal-transcript.pdf?rlkey=7mpuvpmpe45s2zbhch21om1ez&st=ndm4dqsk&dl=0<br
/>and the same claimant as in this case, HHJ Murch held that the
standard CEL wording failed to identify a cause of action and
was therefore an abuse of process. The claim was struck out.
13. The same issues were identified in the persuasive appeals
case of CPMS v Akande (2024) [K0DP5J30]
HTML https://www.dropbox.com/scl/fi/y631olc61z1slr6xfrdsk/CPM-v-AKANDE.pdf?rlkey=kltpojedcxiwarxr0sdfyjo05&st=366k8qf5&dl=0,<br
/>where the County Court also struck out a claim pleaded in
virtually identical terms for failing to comply with CPR
16.4(1)(a) and failing to disclose any reasonable grounds or
cause of action.
14. The Defendant invites the Court to adopt the same approach
in this case and to strike out the claim under CPR 3.4(2)(a) and
(c) on the grounds that (i) the statement of case discloses no
reasonable grounds, and (ii) it is an abuse of process.
15. The Defendant further submits that the Court is entitled to
strike out the claim of its own initiative, on reading the
Particulars of Claim and Defence, on the basis that:
[indent](a) the Particulars do not set out the terms of any
alleged contract;
(b) the Particulars do not identify what the alleged breach was;
(c) the Claimant could have remedied this defect by serving
separate, detailed particulars pursuant to CPR PD7C para 5.2(2),
but chose not to;
(d) the sums claimed are modest, and it would be
disproportionate and contrary to the overriding objective to
expend court resources on ordering amended particulars and a
further defence.[/indent]
16. The claim concerns a very modest sum, and it would be
disproportionate and contrary to the overriding objective to
allocate further court resources by ordering the Claimant to
re-plead its case or to require the Defendant to plead a further
defence to an incoherent claim.
17. In light of the above, the Defendant respectfully invites
the Court to strike out the claim in full.
18. If the claim is not struck out, the Defendant reserves the
right to amend and expand this Defence once proper Particulars
of Claim are served.[/quote]
DONOT send this or anything until the deadline date, as there
may be further amendments depending on your answers to the above
questions.
#Post#: 74777--------------------------------------------------
Re: Civil Enfocement letter Aka: ce-sevice.co.uk
By: concoj Date: June 4, 2025, 10:15 am
---------------------------------------------------------
[quote author=b789 link=topic=3589.msg74497#msg74497
date=1748944035]
Please let us know how you get on in court today. Hopefully the
CCJ will be set aside (mandatory set aside) and the claim itself
will be struck out[/quote]
Thank you so much for your help as the YouTube video was really
helpful and I felt more comfortable after I watched it. It was
exactly like the video mentioned in a little room like an office
just me as defendant and the judge.
I brought the 3 set of hard copies as you advised thank you so
much for that too, 68 pages each, that i shared with Deputy
District Judge Harper, she only joked that she didn't have the
time to review them all, but finally she skimmed around a little
bit and said that she already had everything she needed.
The sra. judge led me through the process as you said and also
asked how I was able to prepare my self to fight this case.
Unfortunately the part "b" on the complains application was
missing as I only wrote the sentence "set aside". Hence that
will be unfair to the other part 'she said' as I never requested
for a 'strike out' on my application. However she gave me the
opportunity to file and sent a defence before 3 weeks.
-WS paragraph 20. - ["In light of the procedural breaches, the
defective service of the claim form, the inadequacy of the PoC,
and the fact that the claim is now time-barred, I respectfully
request that the court:
a. Set aside the default judgment under CPR 13.2 or,
alternatively, CPR 13.3;
b. Strike out the claim under CPR 3.4(2) due to the Claimant’s
non-compliance with CPR 16.4 and CPR 7.5;
c. Award me my costs of this application on an indemnity
basis."]
Sadly, that she focus so much on this paragraph but happy that
she set aside the CCJ.
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