CEL parking defence help!?

Loadsofchildren123

Lol, the defence is just the start of it.....


When the court receives the defence, it will provisionally allocate to the small claims track and send out the DQs for each party to complete by a certain date. You complete and return this, then it's sent to your local court which then issues another order formally allocating it, giving a date for the final hearing, and setting out a timetable for service of WS and the documents you rely on.


I haven't re-read your thread: if you have a serious issue with non-compliance with the Protocol, or if the PoC were out of time, then this is your second opportunity to complain and ask for the claim to be struck out or stayed.

777ade777

Loadsofchildren123 wrote: »

Lol, the defence is just the start of it.....


When the court receives the defence, it will provisionally allocate to the small claims track and send out the DQs for each party to complete by a certain date. You complete and return this, then it's sent to your local court which then issues another order formally allocating it, giving a date for the final hearing, and setting out a timetable for service of WS and the documents you rely on.

I haven't re-read your thread: if you have a serious issue with non-compliance with the Protocol, or if the PoC were out of time, then this is your second opportunity to complain and ask for the claim to be struck out or stayed.

Thanks for the further info.

So after DQ's are done i need to complain to my local court who its been allocated to?

The main issue is that my colleagues park in the car park with permission of the parking officer. They sent my REG on text to him so he knew i was an employee working round the corner but i still got the letter through to my house (PCN) i think.

How would you suggest i go forward after the DQ's with the points raised above.

I appreciate you helping with this, i just need to know clearly so I'm mentally ready and prepared for when it happens. Do i mention in my defence that the parking officer allows the company who i work for to park there? or does that come later? I can get witness statements btw.

logician

777ade777 wrote: »

So I still need to post my defence and input that the POC was late in there too?

I received it on the 1st November, would that mean mine started the 3rd of Noevmber which means it's due before the 17th?

Also, when the defence is sent, how do I know if I've won my case or not??

Thank you

Loadsofchildren123 wrote: »

I haven't re-read your thread: if you have a serious issue with non-compliance with the Protocol, or if the PoC were out of time, then this is your second opportunity to complain and ask for the claim to be struck out or stayed.

@ 777ade777 As LOC 123 says above - you need to highlight in the defence the late POCs....

Have you sent the defence on the thread yet or not as it could do with a little tweaking.

777ade777

Yes my defence is a few posts above ^^^

Not included late POC yet though.

Coupon-mad

You must, and this is already written in umpteen other CEL threads.

These are so damn easy it astonishes me anyone ever thinks of paying anyone to do these ones.

777ade777

So after DQ's are done i need to complain to my local court who its been allocated to?

The main issue is that my colleagues park in the car park with permission of the parking officer. They sent my REG on text to him so he knew i was an employee working round the corner but i still got the letter through to my house (PCN) i think.

How would you suggest i go forward after the DQ's with the points raised above.

I appreciate you helping with this, i just need to know clearly so I'm mentally ready and prepared for when it happens. Do i mention in my defence that the parking officer allows the company who i work for to park there? or does that come later? I can get witness statements btw.

Could someone clarify this please?

Loadsofchildren123

When MCOL gets the DQs and sees everyone agrees to small track, the whole file then gets transferred to your local court. A DJ then looks at it and issues an order setting out the date of the hearing and the timetable up to then.


So my advice is to write with the DQ, attaching the letter to your DQ, and ask that the matter is considered immediately upon transfer, at the same time as the Notice of Allocation Order is made, and that directions are given at that stage. This is likely to be the only time a judge looks at your file between now and the final hearing, so I think you need to make sure the letter is seen at the same time as the allocation order is made.

777ade777

Just received a letter from CCBC saying they acknowledge receipt of my defence? I've not sent my defence, I sent then the template for the POC being late.

I'm going to call them to tell them this is clearly not my defence and they will receive it within the 14 days after the POC was actually served.

777ade777

Called the court and they have said the next email I send will be counted as my final defence.

I have no idea what a notice of allocation is but I will look it up.

So what your saying is send a letter with the DQs asking for the case to be considered upon transfer yes ?

Around what time is the notice of allocation order made please?

Loadsofchildren123

It would be ultra vires, outside the court's powers, to treat legitimate correspondence as a defence, particularly where all you are trying to do is confirm the date for your defence given late filing of further PoC.


I'd write something addressed to the MCOL manager making a formal complaint and copy it to your MP and ask for his help/intervention. It's some stupid admin numpty who doesn't know what he's talking about. MCOL does not have the power to make up court rules.


Just ignore and do your defence.


The notice of allocation:
what you get after your defence is a provisional notice of allocation saying it's been provisionally allocated to small claims, and a DQ for you to fill in.
Once you've returned it, the whole lot gets sent to your local court and a judge looks at it and permanently allocates it to the small track. (S)he also decides on the final hearing date and the timetable leading up to that (predominantly exchange of witness evidence). All of that is put into an order which is titled "Notice of Allocation".


Sometimes at this stage the court decides that the PoC are rubbish and the claim needs proper particularising, or that the whole thing should be stayed and the C forced to comply with its pre-action obligations. It's more likely to do that if it's specifically invited, otherwise you're relying on a judge who's glancing over the papers and might not pick up on these issues. Chances are you get a lazy judge who, even when asked, can't be bothered to deal with these things. It's worth asking though, and I think that's the best stage to do it.