Help with IAS Appeals process

shawon007

Hi guys,
I have received another claim form for the other parking charge. The particulars are the same as the first claim but with different amounts claimed and the date of parking.

Do I follow the same process as the first claim? Also should I create a separate thread for this claim or keep both cases here? Can I use the same defence?

nosferatu1001

Yes, why would you not follow the same process, given thereis only ONE process to follow?! 
What is the DATE OF ISSUE of this claim? 
If youve not had your hearing you should request, for the sake of saving the courts valuable time, that this claim is combined with claim number.... as it covers substantially the same issues in the same car park. 
Staty in this one, if its the same issue. Just make it VERY CLEAR what you talk about when you post. WE cannot midn read. If you state "this claim" we wont know which of 2 you mean, for example. 

shawon007

The date of issue is 12th Feb 2020 for CASE 2.
I have not had the hearing for CASE 1 as the claimant has not responded to my defence, and that claim is now "stayed". 
Should I call / email the courts and ask for both these cases to be combined right now, or after submitting my defence for CASE 2?

KeithP

shawon007 said:

The date of issue is 12th Feb 2020 for CASE 2.

With a Claim Issue Date of 12th February, you have until Monday 2nd March to file an Acknowledgement of Service, but there is nothing to be gained by delaying it. To file an AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread - https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou 

About ten minutes work - no thinking required.

Having filed an AoS, you have until 4pm on Monday 16th March 2020 to file your Defence.

That's nearly four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

When you are happy with the content, your Defence could be filed via email as suggested here:

1. Print your Defence.
   
2. Sign it and date it.
   
3. Scan the signed document back in and save it as a pdf.
   
4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
6. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.
   
   After filing your Defence, there is more to do...
   
   
7. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire. Nothing of interest there. Just file it.
   
8. Wait for your own Directions Questionnaire from the CCBC, or download one from the internet - https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track , and then complete it as described by bargepole in his 'what happens when' post linked from post #2 of the NEWBIES thread - https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou"]
   
9. The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.
   
10. Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.

shawon007

Hi Guys,
I've received a DQ form from the Courts and a copy of the Claimants' DQ Questionnaire for case number 2. I'll fill this out and then email a copy to the courts' email address and post a copy to the Claimant.

Does the Claimant have to receive a copy by a given date or ASAP? Also at this stage is it possible for the Claimant to drop the case or is a hearing now guaranteed?

Umkomaas

Also at this stage is it possible for the Claimant to drop the case or is a hearing now guaranteed?

They can drop the case right up to the courtroom door. Unless they drop the case I can't see how a hearing can be avoided - but nothing is guaranteed in these unusual circumstances, which means your guess is as good as any expert on the forum. 

Le_Kirk

Did you receive a copy of the claimant's DQ by e-mail direct from the claimant?  If so, you can send it back by e-mail.

shawon007

Le_Kirk said:

Did you receive a copy of the claimant's DQ by e-mail direct from the claimant?  If so, you can send it back by e-mail.

No through the post.

I'm happy either way if it gets dropped or whether it gets to a hearing - I honestly believe I have a strong defence and it will be hard to counter the points I have raised.

Redx

shawon007 said:

Hi Guys,
Does the Claimant have to receive a copy by a given date or ASAP?

Also at this stage is it possible for the Claimant to drop the case or is a hearing now guaranteed?

I believe MCOL tells you the timescale

No hearing can take place until after the claimant pays a hearing fee

They can drop out at anytime up until entering the court room

D_P_Dance

They can drop out at anytime up until entering the court room 

However, if you have counter claimed they have to settle or defend