PCN, driver not registered keeper DCBL

Nosy

I called the court today and they said the claimant should have received counter-claim on 4th Feb. Their 14days +2days for service is up on 22nd Feb, which is the date when the N180 form needs to be returned by too. 

Currently they have not received anything from the claimant.  When sending the n180 form back the defendant needs to send a copy to the claimant too and i belive there solicitors too??

Do you think its best to delay it up untill last minute incase the claimant has missed it and so my email to then doesn't prompt them 

nosferatu1001

No, it is either the claimant or solicitors. If using solicitors, it is to solicitors.
I wouldnt bother. You're assuming anyone s intelligent enough to join the dots. 

Coupon-mad

I dunno, I would delay their email until the last minute.  

Nosy

I called the court again and they still haven't received anything from the claimant. Strange, i wonder if they also wait until last minute or have missed it. They have untill Monday 4pm. I will send the n180 form Monday 3pm. 

nosferatu1001

Send it in the am, just in case. 

Nosy

Sent it today. And called the court up they still haven't had anything back from the claimant regarding the Counterclaim or Directions Questionnaire.  The agent on the phone said i am welcome to send an email to the court/judge to let them know that the claimant has not followed directions.

KeithP

Nosy said:
The agent on the phone said i am welcome to send an email to the court/judge to let them know that the claimant has not followed directions.

You should do that.

nosferatu1001

Do so, and ask the court if they will allow default judgment on the counterclaim
Do so. the faster you do it the better. If they file a defence to CC in the meantime you have a far hrder argument for default. 

Nosy

I am sending the below to the court, do you think i should leave the last paragraph, is there any need to justify? 


I am sending this email to inform you that the claimant has failed to follow the directions and has not sent me, the defendant any correspondence including the Small Claims Directions Questionnaire. 

As discussed with Karina from the County Court contact centre i want to ask the court to strike out this claim and if the court will allow a default judgement on the Counterclaim. 

I appreciate in the current pandemic there may be delays but the deadline of 22/02/21 in the notice was clear and the contact centre have confirmed that they have not received anything from the claimant. With the claimant not complying with the courts notice i feel it may delay things further and affect my mental health, therefore i would kindly ask the court to strike out this claim and  allow a default judgement on the Counterclaim. 

Kind Regards 

nosferatu1001

I would split into two. Bullets are great
- you ask that the claimant is not allowed relief from sanction, and that their Claim is struck out for failing to follow the Courts Order / Directions of...
- AS the claimant has failed to file and serve a Defence to Counterclaim, you ask for judgemtn to be awarded in default. I would ref here the CPR which gives the timelimit to respond to a counterclaim - you can look it up