Driver observed leaving site whilst vehicle remained parked on premises

Smaru

Dear forum members,
The defence was emailed to the court.
Does the defendant need to send a copy of the defence to the claimant's solicitors too?

Umkomaas

Smaru wrote: »

Dear forum members,
The defence was emailed to the court.
Does the defendant need to send a copy of the defence to the claimant's solicitors too?

It might be quicker to check what legal expert bargepole has provided in his walkthrough in the NEWBIES FAQ sticky, post #2 than wait for another poster with legal background dropping by.

The sticky is always there 24/7 for the ultimate advice.

KeithP

Smaru wrote: »

Dear forum members,
The defence was emailed to the court.
Does the defendant need to send a copy of the defence to the claimant's solicitors too?

Don't you think post #5 above would've mentioned it if it were necessary?


That aside, there is absolutely no reason that I can think of for not sending a copy of your Defence to the Claimant if you wish to do so.

Smaru

Thanks KeithP and Umkomaas..you are right ..it does not say so in newbies sticky and the list of things that you asked in post 5. Just wanted to clarify to be on the safe side . .and things may have changed .. For eg in the bargepole list of 'what to do and when' recommends sending the defence by registered post to Northampton;however, KeithP's more recent advice is to print sign and email it (which is what I did)

Apologies for asking the obvious and simple..

Smaru

Hello KeithP
Just as stated in point number 7,I have received BW legal's DQ.
I have not yet received mine from the court ; point number 8 says wait.How long should I wait ?


I rang up Northampaton CCBC today as mentioned in other posts; they too said :wait until the court sends you the form. .The defence was received on 2nd Jan, and is reflected on the MCOL account.


Grateful for any tips. I have read most posts about this , and also know where to download the form from.

7.Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
8. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

KeithP

I wrote this post a few days ago - at about the time that you made your penultimate post.

Perhaps there is something in there that may help you.

Do keep an eye on what's going on around you and read as many other posts/threads that you can to see how others are coping.

Redx

Smaru wrote: »

Thanks KeithP and Umkomaas..you are right ..it does not say so in newbies sticky and the list of things that you asked in post 5. Just wanted to clarify to be on the safe side . .and things may have changed .. For eg in the bargepole list of 'what to do and when' recommends sending the defence by registered post to Northampton;however, KeithP's more recent advice is to print sign and email it (which is what I did)

Apologies for asking the obvious and simple..

BARGEPOLE wrote that 2.3 years ago when that advice was probably best, and based on the paper system because it was still used then and is still used now ( a legacy system )

BUT, the KeithP more recent advice is based on the fact that the CCBC now accept defences etc by email, plus you can attach a signed and dated pdf to an email and copy yourself into the address box, so you get proof of delivery, its also cheaper and instant, only awaiting the court staff to add it to the system, which is quicker for them than using paper

I would go for the latter, but its up to the defendant to do what they deem best for them, not for us to insist on it , so you are given both options and choose your best option depending on your skills

the government is shying away from paper based systems in favour of online systems , and has done for years, so those of us that are tech savvy prefer that method


edit, ps:- that is not meant to say that BARGEPOLE isnt tech savvy, I am sure that he is, but times move forward and more people are tech savvy nowadays and it grows by the hour , whereas putting pen to paper seems to have fallen by the wayside

Smaru

Thank you,Keith P .I read the post;it is so helpful.:)
So,I will wait until I hear receive the DQ from the courts, and perhaps chase with a phone call if i dont hear for another week.

Smaru

I would go for the latter, but its up to the defendant to do what they deem best for them, not for us to insist on it , so you are given both options and choose your best option depending on your skills

the government is shying away from paper based systems in favour of online systems , and has done for years, so those of us that are tech savvy prefer that method

Thank you,Redx. Appreciate all the help available here in various formats-couldn't have got so far without this forum.

Smaru

Dear forum members,
Whilst waiting for the DQ from the courts,I have been looking at the piles of paper work.

The parking company (TPS) has responded to the SAR letter .
1.In reponse to my request for images of the driver /occupants leaving the premsises, they have sent me images of the parked vehicle .They have stated that they do not have images of the occupants and that witness statement from the issuer attendant will do
2.[FONT=&quot]I had asked for all data held and all evidence that they will rely on prove their allegations;they have responded that this does not fall under GDPR obligtions and is dealt by their legal representatibes (BW Legal) .[/FONT]
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[/FONT][FONT=&quot]Do I ask TPS to provide a copy of the witness statement from the attendant ?Does that fall under GDPR obligations ?
[/FONT][FONT=&quot]Any advice will be gratefully accepted.[/FONT]
[FONT=&quot]Thank you
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