PCN (NW) LTD County Court Claim form

Coupon-mad

zzzLazyDaisy wrote: »

As far as I know when the defendant asks for the papers to be transferred to the local court, they automatically go to the court closest to the defendants address as stated on the court papers (but I am happy to be corrected on this)

D

But can't the defendant give another family or work address for service? People should be able to avoid courts like St Helens shouldn't they? (and the notorious Bournemouth/Poole with Devere PCNs).

zzzLazyDaisy

Coupon-mad wrote: »

But can't the defendant give another family or work address for service? People should be able to avoid courts like St Helens shouldn't they? (and the notorious Bournemouth/Poole with Devere PCNs).

I really don't know, but according to kirkbyinfurnesslad you can give your work address if that makes it easier to get to the court (see above), which makes sense.

What you can't do is just pick any old court in the country because you think you'll get a better result as the whole point of moving the case to the defendants home court is to avoid the defendant being inconvenienced by travel etc as a result of the claimant making the claim.

zzzLazyDaisy

HO87 wrote: »

Is it not acceptable for PCN (NW) Ltd to use their solicitor's address for service - which is effectively what is going here in terms of the address disclosed on the PoC?

Yes the solicitor normally files the papers and the solicitor's address is the address for service. The strange thing about GPB Solicitors is that they have a practice address where the firm appears to be located, and another address which coincidentally is the same as their client's address - which is in another part of the country from their practice address. That is just weird. Solicitors do not normally share addresses with their client unless it is an in-house legal department. GPB's predecessor was doing something similar and ended up being investigated by the SRA. In my view it is just worth clarifying the position and making the point.

D

dpc036

zzzLazyDaisy wrote: »

Also get a letter off to the PPC with a copy to the solicitor (I'm assuming they are represented by GPB?) quoting the court case number, your reg number, the PCN number and any solicitor's reference on court papers. Saying:

I refer to the above court claim served in me today by Northampton County court. Please send me copies of the notice to driver and notice to keeper together with any other correspondence regarding this matter that you claim to have sent me prior to starting court proceedings, in order that I might seek advice on this matter before it goes any further

I look forward to receiving these documents within 14 days, failing which I will make an urgent application to the court for the appropriate order

Yours etc

PRINT NAME



They may not reply, but it would be useful to have an early look at the paperwork. If not, no worries, we can sort that later.

Ok so that is about 14 days since I sent out the letters to the solicitor and PCN and as yet I haven't had a reply. What do I need to do next?

TIA.

kirkbyinfurnesslad_2

zzzLazyDaisy wrote: »

I really don't know, but according to kirkbyinfurnesslad you can give your work address if that makes it easier to get to the court (see above), which makes sense.

What you can't do is just pick any old court in the country because you think you'll get a better result as the whole point of moving the case to the defendants home court is to avoid the defendant being inconvenienced by travel etc as a result of the claimant making the claim.

Yes you can select X court as you can say i work 7 days a week in y town and thats normally ok

kirkbyinfurnesslad_2

dpc036 wrote: »

Ok so that is about 14 days since I sent out the letters to the solicitor and PCN and as yet I haven't had a reply. What do I need to do next?

TIA.

You need to get a defence in pretty sharpish

even if only a skeleton defence

dpc036

kirkbyinfurnesslad wrote: »

You need to get a defence in pretty sharpish

even if only a skeleton defence

I'm not entirely sure what the defence is!

kirkbyinfurnesslad_2

dpc036 wrote: »

I'm not entirely sure what the defence is!

So you have had 14 days since u have received the claim form and you havent had a good research of what should go in to your defence

Please dont expect people to just come up with a defence for you in the nick of time

You need to spend time looking in the various issues at play and and previous cases etc

What date do you u need to have your defence done

(thats 28 days from date of service if you asked for the extra time)

Dont put false hopes on the letter you sent, given the fact GBP solicitors have been shut down and their matters handled by another firm (Gordons LLP)

If however you do get stuck pls pm me your email address and I can help you with a defence. But it's a two way thing in that you need to be pro active.

I am not doing that many cases at the moment having had my fill with cel and parking eye . Just pm if you need me.

Coupon-mad

dpc036 wrote: »

Ok so that is about 14 days since I sent out the letters to the solicitor and PCN and as yet I haven't had a reply. What do I need to do next?

TIA.

If you'd looked at the forum every other day or so you'd have seen that GPB Solicitors are no longer practising but everyone in your shoes still needs to submit their skeleton defence in time. You only had 28 days from receipt of the claim paperwork (assuming you have gone online and acknowledged the claim and said you intend to defend it)?

Time is of the essence, this won't solve itself. You have to be proactive.

What happened when you complained to the landowner, the college?

What stage are you at, you've acknowledged the claim, yes? So when is your 28 days up, counting from service of the papers?

dpc036

So you have had 14 days since u have received the claim form and you havent had a good research of what should go in to your defence

Yes, somewhat naively i have assumed i needed copies of the letters in order to form a defence.

What date do you u need to have your defence done

(thats 28 days from date of service if you asked for the extra time)

I acknowledged the claim on the 30/9 and there is an acknowledgement of service received on the 01/10

What happened when you complained to the landowner, the college?

A letter was sent to the college at the same time as PCN, so far i haven't received a reply. I have now emailed the college attaching a copy of the letter.

Can i contact the court and ask them to provide copies of the letters?