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#Post#: 56530--------------------------------------------------
DCB Legal Ltd CNBC - Defence following AOS please
DIR By: Frankiebean
Date: February 4, 2025, 5:12 am
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Morning all
I have been reading all of the advice, and have got to the stage
where I have submitted my Acknowledgement of Service (sent
online 28 January 2025)
Are you able to help with my defence using the correct wording
for the draft order and up to date relevant transcripts to
attach? I understand I have until 10 February to respond.
Attached is the claim form sent from CNBC (with my details
redacted).
Grateful for any assistance - I have downloaded and reviewed
some of the previous defences from this site, but wanted to be
sure I had the correct one.
Frankiebean
[attachment deleted by admin]
#Post#: 56532--------------------------------------------------
Re: DCB Legal Ltd CNBC - Defence following AOS please
DIR By: b789
Date: February 4, 2025, 5:20 am
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You have longer than you think... With an issued date of 23rd
January and having submitted your AoS in a timely manner, you
have until 4pm on Tuesday 25th February to submit your defence.
Here is the defence and link to the draft order and relevant
transcripts that go with it. You only need to edit your name and
the claim number. You sign the defence by typing your full name
for the signature and date it. There is nothing to edit in the
draft order.
When you're ready you send all the documents as PDF attachments
in an email to claimresponses.cnbc@justice.gov.uk and CC in
yourself. The claim number must be in the email subject field
and in the body of the email just put: "Please find attached the
defence and draft order in the matter of Civil Enforcement Ltd v
[your full name] Claim no.: [claim number]."
--- Quote ---
>
> [center]IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> Civil Enforcement Ltd
> Claimant
>
> - and -
>
> [Defendant's Full Name]
> 
Defendant
>
>
---------------------------------------------------------
>
> DEFENCE[/center]
>
> 1. The Defendant denies the claim in its entirety. The
Defendant asserts that there is no liability to the Claimant and
that no debt is owed. The claim is without merit and does not
adequately disclose any comprehensible cause of action.
>
> 2. There is a lack of precise detail in the Particulars of
Claim (PoC) in respect of the factual and legal allegations made
against the Defendant such that the PoC do not comply with CPR
16.4(1)(a).
>
> 3. The Defendant is unable to plead properly to the PoC
because:
>
> [indent](a) The contract referred to is not detailed or
attached to the PoC in accordance with CPR PD 16(7.5);
>
> (b) The PoC do not state the exact wording of the clause (or
clauses) of the terms and conditions of the contract (or
contracts) which is/are relied on;
>
> (c) The PoC do not adequately set out the reason (or reasons)
why the claimant asserts the defendant has breached the contract
(or contracts)
>
> (d) The PoC do not state with sufficient particularity
exactly where the breach occurred, the exact time when the
breach occurred and how long it is alleged that the vehicle was
parked before the parking charge was allegedly incurred;
>
> (e) The PoC do not state precisely how the sum claimed is
calculated, including the basis for any statutory interest,
damages, or other charges;
>
> (f) The PoC do not state what proportion of the claim is the
parking charge and what proportion is damages;
>
> (g) The PoC do not provide clarity on whether the Defendant is
sued as the driver or the keeper of the vehicle, as the claimant
cannot plead alternative causes of action without
specificity.[/indent]
>
> 4. The Defendant cites the cases of CEL v Chan 2023 [E7GM9W44]
and CPMS v Akande 2024 [K0DP5J30], which are persuasive
appellate decisions. In these cases, claims were struck out due
to identical failures to comply with CPR 16.4(1)(a). Transcripts
of these decisions are attached to this Defence.
>
> 5. The Defendant also attaches to this defence a copy of a
draft order previously issued by a district judge at another
court in a similar case. In that case, the court struck out the
claim of its own initiative after determining that the
Particulars of Claim failed to comply with CPR 16.4(1)(a). The
judge noted that the claimant had failed to:
>
> [indent](i) Set out the exact wording of the clause (or
clauses) of the terms and conditions relied upon;
>
> (ii) Failed to explain the reasons why the defendant was
allegedly in breach of contract;
>
> (iii) Provide separate, detailed Particulars of Claim as
permitted under CPR PD 7C.5.2(2).
>
> (iv) The court further observed that, given the modest sum
claimed, requiring further case management steps would be
disproportionate and contrary to the overriding objective.
Accordingly, the judge struck out the claim outright rather than
permitting an amendment.[/indent]
>
> 6. The Defendant submits that the same reasoning applies in
this case and invites the court to adopt a similar approach by
striking out the claim for the Claimant’s failure to comply with
CPR 16.4(1)(a).
>
> Statement of truth
>
> I believe that the facts stated in this Defence 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.
>
> Signed:
>
>
> Date:
--- End Quote ---
Draft Order for the defence
HTML https://www.dropbox.com/scl/fi/zc23txk7poctyyxiv2ytx/Strikeout-order-1-a-v2.1.pdf?rlkey=pancly3z6zwqt2cra5rvvh3ls&st=nq7a58tz&dl=0
CEL v Chan Transcript
HTML https://www.dropbox.com/scl/fi/nb9ypbecuurpmln00dily/CELvChan-appeal-transcript.pdf?rlkey=7mpuvpmpe45s2zbhch21om1ez&st=i8dnbod3&dl=0
CPMS v Akande Transcript
HTML https://www.dropbox.com/scl/fi/y631olc61z1slr6xfrdsk/CPM-v-AKANDE.pdf?rlkey=kltpojedcxiwarxr0sdfyjo05&st=qi4lv3fv&dl=0
#Post#: 56534--------------------------------------------------
Re: DCB Legal Ltd CNBC - Defence following AOS please
DIR By: Frankiebean
Date: February 4, 2025, 5:25 am
---------------------------------------------------------
Thank you, all noted and understood.
#Post#: 56536--------------------------------------------------
Re: DCB Legal Ltd CNBC - Defence following AOS please
DIR By: b789
Date: February 4, 2025, 5:30 am
---------------------------------------------------------
A slight revision to the instructions on sending the defence...
Save the defence, the draft order and the two transcripts as a
single PDF document with the pages in that order. The defence
should be two pages, the draft order one page and then the two
transcripts which should be four pages each.
I will be combining all the documents into an editable docx
format that can then be exported as a single PDF document once
the defence amendments have been made.
#Post#: 56608--------------------------------------------------
Re: DCB Legal Ltd CNBC - Defence following AOS please
DIR By: Frankiebean
Date: February 4, 2025, 11:22 am
---------------------------------------------------------
Thanks once again, super helpful. I've actually done everything
and bundled it together in a single PDF as I had some time this
afternoon. Is there any benefit in sending it earlier? - Just
to get it out of the way?
Thanks
Frankiebean
#Post#: 56614--------------------------------------------------
Re: DCB Legal Ltd CNBC - Defence following AOS please
DIR By: b789
Date: February 4, 2025, 11:37 am
---------------------------------------------------------
It will make no difference whether you send the defence earlier
or later. The sooner you send it, the sooner it will able over.
#Post#: 63065--------------------------------------------------
Re: DCB Legal Ltd CNBC - Defence following AOS please
DIR By: Frankiebean
Date: March 18, 2025, 8:54 am
---------------------------------------------------------
So, after sending off my defence on 10 February, I have only
received an acknowledgement of defence from HM Courts and
Tribunals service dated 12 February. Do Civil Enforcement/DCB
need to respond by a required date? Its now 18 March, so over a
month and nothing yet.
I dont seem to be able to get into the online portal as I don't
have a password that works, but assume it would come in post if
anything.
Thanks in advance
#Post#: 63089--------------------------------------------------
Re: DCB Legal Ltd CNBC - Defence following AOS please
DIR By: b789
Date: March 18, 2025, 10:52 am
---------------------------------------------------------
No deadline but the claim will eventually be stayed and they’ll
have to apply to the court if they want to I stay it and give a
very good reason for not responding. Wouldn’t really be worth
their while because it would cost more than they could ever hope
to recover, assuming they’d even be successful.
#Post#: 64394--------------------------------------------------
Re: DCB Legal Ltd CNBC - Defence following AOS please
DIR By: Frankiebean
Date: March 27, 2025, 5:53 am
---------------------------------------------------------
Updating as I have received the N180 in the post, together with
DCB Legal invitation to mediation (which I have ignored as
suggested) and have downloaded a copy of N280 and emailed off
the completed form as you have advised on other threads. Next
step I guess is the mediation appointment. Will wait to hear.
#Post#: 66246--------------------------------------------------
Re: DCB Legal Ltd CNBC - Defence following AOS please
DIR By: Frankiebean
Date: April 9, 2025, 5:06 am
---------------------------------------------------------
Mediation appointment has arrived. They give a 3 hour window to
call - its in 2 weeks time so pretty quick. As everything else
you have advised has come to pass - I will listen and then say
that I will offer zero £££ if they suggest a settlement as
advised.
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