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#Post#: 63098--------------------------------------------------
Court documents received
DIR By: yzn21
Date: March 18, 2025, 12:31 pm
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So to give a bit of background info, back in August 2024 I
parked at a car park owned by group nexus so I could go to the
gym, at the time i was quite new to this gym and did not know I
had to put in my license plate to avoid getting a fine. I ended
up parking there for just over 3 hours (long session I know) and
then went about as normal. I received a letter a few weeks later
stating I had to pay a fine of £70, I dismissed these letters as
I was told these private parking companies send you a few
letters to scare you and then they stop, I even received some
DCBL letters which I again ignored thinking it would go away
after some time. Today I received some rather scary looking
documents from HM courts and tribunal services, which included
an N9A, N9B, admission form and a claim form. I understand it is
my fault for ignoring the letters and not appealing in the first
instance, but I don’t particularly fancy paying the fine, so I
was what should I do?
#Post#: 63104--------------------------------------------------
Re: Court documents received
DIR By: G6PRK
Date: March 18, 2025, 12:47 pm
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Start by reading the 'READ THIS FIRST' thread, and adjusting
your post accordingly:
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
#Post#: 63123--------------------------------------------------
Re: Court documents received
DIR By: b789
Date: March 18, 2025, 3:48 pm
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Show us the N1SDT Claim Form. Redact only your personal details,
the claim number and the MCOL password. Leave all dates and
times visible. We need to see the Particulars of Claim (PoC) to
be able to advise on the defence.
Which bottom-dwelling firm of bulk litigators is acting for
GroupNexus (CP Plus)?
#Post#: 63212--------------------------------------------------
Re: Court documents received
DIR By: yzn21
Date: March 19, 2025, 7:34 am
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Which bottom-dwelling firm of bulk litigators is acting for
GroupNexus (CP Plus)? - not sure about this
[attachment deleted by admin]
#Post#: 63213--------------------------------------------------
Re: Court documents received
DIR By: jfollows
Date: March 19, 2025, 7:39 am
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DCB Legal
Well known here
They will discontinue the case but not before you’ve submitted a
defence, wait for more help on this.
Their tactics are to intimidate with threats of court, warnings
about ‘CCJs’, but when it comes to paying the court fee and
sending someone to court they pull out. They will also offer you
increasingly desperate offers to ‘settle’.
But you still need to modify your original post as advised.
#Post#: 63218--------------------------------------------------
Re: Court documents received
DIR By: H C Andersen
Date: March 19, 2025, 8:04 am
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Yes, amend your first post to remove all reference to who was
driving.
Do you have the Notice to Keeper?
#Post#: 63222--------------------------------------------------
Re: Court documents received
DIR By: yzn21
Date: March 19, 2025, 8:25 am
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I am unable to modify my original post, also I do not have the
notice
#Post#: 63232--------------------------------------------------
Re: Court documents received
DIR By: b789
Date: March 19, 2025, 8:59 am
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With an issue date of 13th March, you have until 4pm on Tuesday
1st April to submit your defence. If you submit an
Acknowledgement of Service (AoS) before then, you would then
have until 4pm on Tuesday 15th April to submit your defence.
If you want to submit an AoS then follow the instructions in
this linked PDF:
HTML https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
Otherwise, here is the defence and link to the draft order that
goes 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 a single PDF
attachment (in the order of 'defence', 'draft order' and then
the 2 'transcripts') 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 CP Plus Ltd t/a GroupNexus v [your full
name] Claim no.: [claim number]."
--- Quote ---
> [center]IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> CP Plus Ltd t/a GroupNexus
> 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 attaches to this defence a copy of a draft
order approved by a district judge at another court. 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
If you want an editable MS Word file with everything in a single
document which you can then save/export as a single PDF file
when ready to send, use this:
MS Word .docx file for defence [CPR 16.4(1)(a)]
HTML https://www.dropbox.com/scl/fi/krubcbnf27bsis66pq4yg/Short-defence-strikeout-CPR16.4-1-a-3.docx?rlkey=z87f3h8is3hgnp7sqr8plsz99&st=ldawlubu&dl=0
#Post#: 63298--------------------------------------------------
Re: Court documents received
DIR By: yzn21
Date: March 19, 2025, 4:24 pm
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Thanks a bunch, so I don’t need to send the letter back through
post, and can just send the email?
#Post#: 63323--------------------------------------------------
Re: Court documents received
DIR By: b789
Date: March 19, 2025, 8:23 pm
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Nowhere have you been advised on sending anything by snail mail.
What do you mean by:
--- Quote from: yzn21 link ---
>
> Thanks a bunch, so I don’t need to send the letter back
through post, and can just send the email?
--- End Quote ---
What “letter”? Please carefully follow the advice. You are not
sending any “letter” back to them. Do not use any of the forms
included with the N1SDT Claim Form.
All you need to do is either submit an AoS or your defence which
is provided above, by the deadlines I gave you earlier.
Please carefully read the advice provided in my earlier post.
There is nothing that needs overthinking.
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