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Letter of Claim

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Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 2 June 2019 at 1:12PM
    cmonbris, are your initials **, with a five letter surname?

    If so, you would be wise to remove that dropbox link and re-signup to dropbox with truly anonymous username.
  • Coupon-mad
    Coupon-mad Posts: 161,155 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 4 June 2019 at 1:12PM
    Have a read of other cases won and read back in their threads. You will see it takes months to get to a hearing, but of course in between you will have other paperwork.

    Don't disappear from the forum for too long, as I hope you've read ahead in post #2 of the NEWBIES thread and seen that defence is not your only job.

    Read bargepole's post linked there, about COURT PROCEDURES.

    And please, no asking us how to fill out the DQ, or whether to tick yes to mediation (bargepole explains why the answer is NO).

    But come back in good time once you get your hearing date at your local court, so that you can show us your Witness Statement and evidence and the rubbish version BW Legal fling out at you...
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • cmonbris
    cmonbris Posts: 52 Forumite
    Thank you KeithP - I used a dated email address which does not (any longer) represent my name so thought it was acceptable? But i can still delete and revise, if you feel appropriate? (though I'm not convinced i can achieve that through mobile phone)
  • cmonbris
    cmonbris Posts: 52 Forumite
    Hi Coupon-mad - you will be glad to know, I regularly read the Newbies thread, in case I have missed / misunderstood something.
    Having made a small claim a do understand about mediation and recognise, in these circumstances, there is indeed nothing to mediate!
    I was asking about the timings as I am hopeful to obtain a picture of the pay and display machine prior to witness statement.

    I am completely grateful for the amazing support received during this time to navigate this potential minefield... and rather saddened that this site is needed. To broaden my understanding I often read the posts of others and cannot believe we live within such unscrupulous activity :-(
  • cmonbris
    cmonbris Posts: 52 Forumite
    Hi folks, am just sorting N180 using bargepole's (updated 2016) guidance and the attached N149A is confusing.

    It says:
    1. This is now a defended claim.
    The defendant has filed a defence, (a copy of which is enclosed) - phrase in brackets is crossed out.

    2. Generic bit about suitability for allocation to small claims track.

    3. You must by 22 July... ...
    and serve copies on all other parties.

    I thought we were the defendant and what am i supposed to be serving copies of "on all other parties".

    Confused!
  • Coupon-mad
    Coupon-mad Posts: 161,155 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    3. You must by 22 July... ...
    and serve copies on all other parties.
    Surely that is addressed to the claimant, not you, and is about a 'reply to defence' if they wish to file one? You have just been copied into what was sent to the claimant, surely, and need to compete the N180 as Defendant and nothing else.

    Unless the order says something for the Defendant to do?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 16 July 2019 at 1:07PM
    cmonbris wrote: »
    3. You must by 22 July... ...
    and serve copies on all other parties.

    I thought we were the defendant and what am i supposed to be serving copies of "on all other parties".

    Confused!
    I don't know why you are confused.

    Surely item 3 on that N149A form is quite clear:
    104jas8.jpg

    When you have completed your DQ you should return it to the CCBC in the same manner and to the same email address that you sent your Defence. Refresh your memory on that by re-reading post #22 above.

    You must also send a copy to the Claimant - address on your Claim Form.
  • cmonbris
    cmonbris Posts: 52 Forumite
    The letter has my name clearly on it and address... and then goes on to say: you must serve copies on all other parties by 22/7/19.

    I was just trying to establish if you think I've been sent the claimant template rather than the defendant template and I need not "serve copies of anything on anyone".

    I couldn't find anything that related to serving copies on all other parties on the forum. The form has been filled in as directed by bargepole.
    I apologise if I've missed something. I'm just a bit confused by the letter that came with the form?
  • Coupon-mad
    Coupon-mad Posts: 161,155 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    No, it's normal that the same letter goes to both of you.

    All you have to do is complete the N180, unless the order is telling you to serve something else. You didn't say what this actually says:
    You must by 22 July... ...
    and serve copies on all other parties.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 16 July 2019 at 7:51PM
    Please post exactly what it says as item 3 on your N149A form.

    Other than the actual date, does it differ in any way from that shown in my earlier post?

    Anyway, that aside, I repeat...
    When you have completed your DQ you should return it to the CCBC in the same manner and to the same email address that you sent your Defence. Refresh your memory on that by re-reading post #22 above.

    You must also send a copy to the Claimant - address on your Claim Form.
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