County court claim

Loadsofchildren123

You will receive a DQ from the court, with an order telling you that the case has been allocated to the small claims track on a preliminary basis, pending receipt of the DQ. It will give you a date by which to complete and return the DQ.


The point of the DQ is to confirm that this is a small claim, that you do want a hearing and that you want it in your local court. Northampton will then transfer it to your local court, which will then issue an order confirming it's small claims track and with a timetable for witness statements/documents, the final hearing and payment of the hearing fee (the fee being the Claimant's responsibility).

KeithP

When you have completed your Directions Questionnaire, following Bargepole's guidance linked from the NEWBIES thread, return it to the CCBC using the same method and the same email address given in post #7 above.

Remembering to send a copy to the Claimant - address on your Claim Form.

bows

Case was defended....On to the next stage though it seems . Post arrived  franked 9th september. Received a 'General directions order' letter stating "the application to lift the stay and for directions questionnaires to be granted."  i'm very confused. it goes on..
" note : This order has been made without a hearing under the courts's case management powers contained in Civil pro..... You may within 7 days of the service of this order, apply to the court to set aside or vary the order under part 23 rule 10. you must file with the court and serve on the other parties, an application that sets out your reasons for objection. A fee is payable...... When your objection is received the matter will be listed for hearing unless you ask the court to vary the order without a hearing. 
received a direction questionnaire as well ( small claims track )... all info greatly received. thanks for all the hope & fight you share. 

bows

bows said:

On to the next stage. Post arrived  franked 9th september. What is the protocol  when one receives a 'General directions order' - "the application to lift the stay and for directions questionnaires to be granted." will be searching the forum as well. 

i am back at the newbies thread btw...  bargepole or coupon_mad..? i'm very lost.

nosferatu1001

Why are you lost?
1) Presume you are back on the normal route now. So you KNOW the next step. DQ et c
2) But I would suggest you OBJECT to this order! Obviously you object! It tells you you can object! Ask WHY the claimant has been allowed to lift a stay two years on? HOW is this in the interests of justice?

KeithP

Bargepole's 'what happens when' post linked from the second post of the NEWBIES thread describes exactly how to answer every question on your DQ.

When complete send your DQ to the CCBC in the same way that you filed your Defence - refresh your memory by re-reading my post on 22 September 2018 at 3:56PM.

Remember to send a copy to the Claimant - address on your Claim Form.

Coupon-mad

Yours is one of several opened up again this past week, all for 2018 stayed cases.  You must comply with all court orders and deadlines, same as if it was a new claim.  Read the threads from the past few days, we read all of them every day so this is not a big ask! 

You will see you are not the only one with a 2018 stayed case reactivated.

I am glad you are back this month!

Please now make a real difference - A TASK FOR SEPTEMBER.

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

And we say the added fake 'debt recovery' costs are just double counting the cost of letters, and MUST GO because that is unfair and illegal.

Please be heard.  You can bet the hundreds of PPCs will be commenting.

No apologies for repeating this vital 'call for action' to consumers, on every thread this month!

bows

Thanks all, quick one...When you serve the completed questionnaire to BW legal, does the email & phone need to be visible? can it be blanked out? ( obviously it's visible to the court )
cheers

bows

Update: The case is being settled on papers alone, in my local court and i am currently completing the witness statement. My question will hopefully insure the correct application of this process. 
  From who's perspective is the witness statement  written and how? - the name on the hearing / court papers is the vehicle's owner, ( but they were not the driver at the time)  the person writing it up is the driver, how should this be conveyed? do i reveal the real driver? 
thank you

D_P_Dance

  From who's perspective is the witness statement  written and how? 

From that of the witness, (driver/passenger) 

How?  Read some  done by others.   Clearly you have not read the newbies where tyour questions will be answered.  Have you complained to your MP?