Author Topic: DCB Legal Ltd CNBC - Defence following AOS please  (Read 51 times)

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Frankiebean

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DCB Legal Ltd CNBC - Defence following AOS please
« on: February 04, 2025, 11:12:50 am »

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


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b789

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Re: DCB Legal Ltd CNBC - Defence following AOS please
« Reply #1 on: February 04, 2025, 11:20:53 am »
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
IN THE COUNTY COURT
Claim No: [Claim Number]

BETWEEN:

Civil Enforcement Ltd

Claimant

- and -

[Defendant's Full Name]


Defendant



DEFENCE

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:

(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.

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:

(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.

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:

Draft Order for the defence

CEL v Chan Transcript

CPMS v Akande Transcript
« Last Edit: February 04, 2025, 11:24:57 am by b789 »
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Frankiebean

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Re: DCB Legal Ltd CNBC - Defence following AOS please
« Reply #2 on: February 04, 2025, 11:25:39 am »
Thank you, all noted and understood. 

b789

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Re: DCB Legal Ltd CNBC - Defence following AOS please
« Reply #3 on: February 04, 2025, 11:30:10 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.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Frankiebean

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Re: DCB Legal Ltd CNBC - Defence following AOS please
« Reply #4 on: February 04, 2025, 05:22:58 pm »

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

b789

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Re: DCB Legal Ltd CNBC - Defence following AOS please
« Reply #5 on: February 04, 2025, 05:37:07 pm »
It will make no difference whether you send the defence earlier or later. The sooner you send it, the sooner it will able over.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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