UK Parking Limited - County Court claim against me - Castle Car Park

marvalus

Hello all, you should see links to the letter that was sent to me in my last post, the links just need to be activated by someone.

I have looked in the newbies thread, Can I just confirm that I need to do the following?

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Download a copy of the N180 form here https://formfinder.hmctsformfinder.justice.gov.uk/n180-eng.pdf


A1 = Say NO to mediation. Mediation is run by a commercial company on behalf of the courts and their success is measured by how many cases are kept out of court. They are not interested in the merits of the case, only whether you will pay or not. So say No.

B = fill in all the details, your name, your address, etc. This is the address that all the paperwork will be sent to. If you are moving home within 6 months make sure you have mail redirection in place. You will get a default CCJ if the paperwork doesn't get to you as the Courts see it as your responsibility to give a correct address.

C1 = YES to small claims track

D1 = name of your local County Court !!!8211; unless you are a Limited company, the case files will be transferred there. They will ask for theirs but protocol dictates it is your court.

D2 = NO to expert evidence

D3 = 1 witness (or more if you are going to get another person to provide a statement)

D4 = Put down the dates of any pre-booked holidays, NO to interpreter (unless you need one)

send a copy to the courts and another copy to the Claimant company. Keep a copy for yourself. There is a long delay (20+ weeks) between this form and an actual day in court.

marvalus

the Link for Form N180 has changed, it can now be found here -
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/688466/n180-eng.pdf

marvalus

OK I have filled out a N180 form electronically, Do I have to post it now or can I just email it to the CCBC?

nosferatu1001

Both post 2 and the form tell you who the form must be served on.

marvalus

Hello all,
So I filled out my questionnaire using the answers I was provided with, and asked for for the case to be taken to the small claims track, and not for the mediation service to be used.
I sent the email to the Court and sent a copy to the solicitor for the claimant.

I have received an email from the Claimant's solicitor, they also sent me the questionnaire and used the same answers I used, only thing is the court they selected is a lot further away from my home than the one I selected, not sure which court would be taken in favour?
anyway does not bother me too much, what does bother me the the email that was sent with the questionnaire, please have a ready of this and let me know what you think, and should I respond?
https://ibb.co/dHxHNo

KeithP

Unless you are a company, the case will be assigned to your local court.

Surely you were expecting that response?
From a link in the NEWBIES FAQ thread:

Note: Gladstones are currently including a 'request for special directions' asking the Court to hear the case on the papers only, without an oral hearing. You should oppose this, and include the following text in D1: 'The Defendant opposes the Claimant's request for special directions, and requests that the case be listed for an oral hearing at the defendant's home court, pursuant to CPR 26.2A(3)'.

You now need to write to the CCBC, sending a copy to the Claimant's solicitor, objecting to their proposal.

marvalus

sorry mate,
this is my first time doing this, I didn't know what to expect.
I thought it would just be the questionnaire sent, not a covering email with special requests.
Do I just sent a standard email with the comment you mentioned then?
many thanks

Redx

court claims are fully covered in the NEWBIES FAQ sticky thread post #2 , near the top of the forum , please read it , it is written especially for first timers like you


especially read what BARGEPOLE and LOC123 have said, you wont get better advice than theirs

marvalus

Hello all,
please could I get some advice?

So as you know I received a email from the claimant's solicitor, which is here -
https://ibb.co/dHxHNo
Basically asking for the case to be allocated to their own nearby court and the following request -
'We respectfully request that the Court considers this matter in the paperwork and without a hearing. The Parties attendance is not required and we request that the District Judge determines the matter upon the documents and evidence supplied and any written representations received.'

So I was told to respond to the email with the following -
'The Defendant opposes the Claimant's request for special directions, and requests that the case be listed for an oral hearing at the defendant's home court, pursuant to CPR 26.2A(3)'.

I was about to respond to the email opposing the claimants requests when I received a letter in the post from the CCBC, the letter was sent 2 days after the email was sent from the claimant, I never thought it would be this quick, It states the following -

Notice of Transfer of proceedings

A defence to this claim has been filed.
This claim has been transferred to the below county court hearing centre for allocation.
On receipt, the file will be referred 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 you in a notice of allocation.
if you would like any further information you can contact the local county court hearing centre directly but please await the judges directions.

Now my question is....
is it too late for me to send an email opposesing the Claimant's request for special directions, and request that the case be listed for an oral hearing?
or does this mean I am already going to get this?
The court that was listed in the letter is actually the court I requested so i am happy about this,
But this letter was sent 2 days after the N180 form was sent so i had no time to respond to Claimants special requests..

Can someone advise what i need to do now? Or do I have to just sit tight and see what happens?

many thanks all.

nosferatu1001

No, it isnt too late. In doubt, why not take the positive action and send anyway? It cannto hurt.