What can I do now?

poor_country_girl

Thanks

I must have misread the newbie thread
"It may be, in cases where it was a Pay & Display car park, and you either didn’t pay at all or overstayed the time paid for, that you could opt for Mediation, and offer them the relevant amount of the hourly parking charge. They almost certainly won’t accept it, but it strengthens your position if it goes to Court and you can demonstrate that you offered to make good their actual losses."

I have checked out the two links and yes, this looks pointless, so I shall just return the directions questionnaire.

I will try and "man up" - I seam to be annoying everyone, i'm really sorry, just in a very very dark place at the moment and this is the cherry on the s**t at the moment.

Will let you know what I hear next.
Thanks

Coupon-mad

You are not annoying anyone!

Having pointed out that old bit in the NEWBIES thread I will remove it next time I'm making amendments (it is deliberately a 'closed' thread to prevent random replies so I can't just edit it anytime, without a Board Guide's assistance).

bargepole

I wrote that bit about Mediation in the newbie thread, but it's out of date now since the Beavis case, but I no longer have the facility to edit the text.

You're certainly not annoying everyone, yours is a very winnable case which we have high hopes for.

The next step will be that the case gets transferred to your local court, who will then write to you with a date for the hearing, and a deadline date for your Witness Statement. Please let us know as soon as you have that, and further help will be available.

poor_country_girl

UPDATE!!!
I sent my DQ back well within the deadline of 10th October. Today I have received a copy of a General Form of Judgement or Order dated 22nd October. It is telling me that the claimant (PCN) has failed to return their DQ by the date specified on the form N149. It looks like they have given them a further 7 days from the 22nd October to respond to the DQ and if there is no response the claim will automatcally be struck out.

do you think it looks like they have given up? don't want to count my chickens just yet!

PCG

System

don't want to count my chickens just yet!

It's not them giving up. Its just Gladstones being useless but if you call them and ask where the DQ is, they will send one into the court [Joke]

The problem with Gladstones is their greed. They can't keep up with the !!! shovelling they are doing at the moment so things get missed. So don't tell them.

Coupon-mad

Keep quiet and keep everything crossed. It wasn't Gladstones was it? The PPC was using 'CSB Solicitors' you said earlier?

Do keep us updated either way because you might be able to get this struck out later, if they scrape by now.

BTW bargepole has been kind enough to re-write the Court process guidance which is now linked in the NEWBIES thread:

https://forums.moneysavingexpert.com/discussion/5546325

HTH

poor_country_girl

Hi, yes it's csb solicitors.

Keeping everything crossed! Thanks for the link to court procedures.

PCG

poor_country_girl

UPDATE

The claim has been transfered to the county court hearing centre for allocation (thankfully to my choice of local court) On receipt the file will be refered to a procedural judge who will allocate the claim to track and give case management directions. Details of the judges directions will be sent to me in a notice of allocation.

So I suppose this is it now! off to court. I shall be reading up on the link shared thanks, and re-reading all the case refrences you supplied etc. Any further advice always welcome, I shall let you know when I get a date etc.

PCG

poor_country_girl

UPDATE 24.11.16

Hi Guys

I've had more paperwork from the court today (on my bloody birthday!!!)

the letter starts;

"The district judge clarke has considered the statement of case and questionnaires filed and allocated the claim to the small claims track

Having considered the papers in your case the court believes that your case is suitable for mediation. This is a very simple process designed to give you the opportunity to resolve your dispute without having to attend a court hearing. You are therefore encouraged to contact the small claims mediation service to arrange a mediation appointment"

it goes on to give more details about mediation. I WILL NOT BE TAKING THIS ROUTE!

It then goes on to say

"On District Judge Clarke sitting at ***** considered the papers in the case and ordered that;
1) This claim is allocated to the small claims track and the parties are referred to Part 27 of the Civil Procedures Rules
2) The district Judge proposes to dispose of the claim without a hearing - that is on papers alone. The parties must complete the Form N159 Response which is attatched to this order and return it to the court.
3) The district Judge can only deal with the case in this way if both parties agree. If both parties have not returned the form to the court by 9th December 2016, indicating agreement, directions will be given for a hearing to take place.
4) The parties should note;
a) if they agree to the disposal of the claim without a hearing, they will be able to file documents and evidence in support of their cases
b) they will have the opportunity to file a response to the documents of the other party
c) refusal to have the claim disposed of without a hearing will be taken into account in deciding where the hearing will be held. A party so refusing may be regarded as willing to travel to a court convenient to the other party.
5) The parties are encouraged always to try to settle the case by negotiation. The parties are encouraged to contact each other with a view to trying to settle the case or narrow the issues. The court must be informed immediately if the case is settled"

Form N159 basically asks for a reply to the court
tick A or B and C

A - I agree that the claim be dealt with on the papers alone

or
B - I do not agree that the claim be dealt with on the papers alone
and
C - i have sent a copy of this completed form to the other party

SO!

After reading through Bargepoles guidance notes, it looks like this step isn't there - is this a new one or am I just special?

It doesn't say anywhere I have to return my defense paperwork to them with this, literally just tick a box and return it. And I presume I am selecting box A? Then I'm more likely to have the hearing where I want it if there is one? (really don't want to have to travel with a baby for a protracted day in courts in an unfamiliar town!) from how I read it, it looks like opting for A will put things in my favour?

Once again your advice would be welcome!

Thanks...again!

PCG

Molts

Noooo - never box A. I know that much from reading countless threads about these oxygen thieving low-lifes on here.

But wait for the sound advice from one of the experienced members before you do anything. I believe it will be B and C...