Advice re blue badge owner

Jenni_D

Does MCOL show that an N180 DQ was sent to you? If not then it's unlikely they'll do anything with such a form that you send in advance.

[Deleted User]

Jenni_D said:

Does MCOL show that an N180 DQ was sent to you? If not then it's unlikely they'll do anything with such a form that you send in advance.

It doesn't show that it has but I've definitely filled it in and returned it.

I'll phone them tomorrow. Thanks Jenni

Jenni_D

That was my point ... WHY did you do that when you hadn't been (notified of being) sent one? Unless I'm mistaken then the requirement for a DQ only becomes relevant if the Claimant informs the court that they're wishing to proceed (after seeing the defence).

[Deleted User]

Jenni_D said:

That was my point ... WHY did you do that when you hadn't been (notified of being) sent one?

Lol I don't know it was so long ago (before Christmas) that I don't really remember.

[Deleted User]

Hello all.

I got a letter last week from the court saying I'd failed to file the N180 form and that if I don't do so by 5th April my defence and counterclaim will be struck out.

I've gone through my emails and emailed it to CCBCAQ@justice.gov.uk (and claimant) on 13/12/2021

Last week I found 3 separate email addresses for my county court and emailed those with it and I also posted it first class (and got certificate of posting) on 29/3/2022.

I've no idea what's gone on there and why the court said they didn't have it.

MCOL still says latest document is AoS and presumably they've not updated it with the N180.

If I phone the court they say on the answer message to not badger them if you've already filed something as it will slow everything down.

The courts automatic email reply said it takes 10 days to process whatever is emailed, I posted the N180 to them the same day I got the letter from them (29th March). The letter I received from the court didn't even give me 10 days they say they need to process the document.

Can it be said that the N180 is "filed" with the court on the day they receive the email?

Cheers.

Fruitcake

This seems to be happening a lot, and is an obvious fault with the court system. I would ring anyway and tell them you sent the N180 and ask why they they think you haven't, and have the dates and email addresses you used to hand.

I suggest you also complain to your MP about this apparently recurring problem that obviously needs to be sorted out.

[Deleted User]

Good afternoon everyone. 

I got my Notice of allocation this morning, but there's no information about deadlines for exhibits and a witness statement. The hearing date is in late June.

The letter says it is an attended hearing. The problem is I can't drive very far without crushing fatigue and due to my medical condition I wouldn't be able to attend even if I could drive. I understand that not attending may work against me, is there any way I can attempt to explain why I can't attend to the court that wouldn't count against me?

Should I start drafting exhibits and witness statement now despite no notice or explanation of either of these on my letter? 

Thanks for reading.

KeithP

Look again at your Notice of Allocation. The Notice that gives the hearing date.

Is there not a paragraph something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the back.

Those documents you intend to rely on are your Witness Statement and evidence.

[Deleted User]

KeithP said:

Look again at your Notice of Allocation. The Notice that gives the hearing date.

Is there not a paragraph something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the back.

Those documents you intend to rely on are your Witness Statement and evidence.

Hi Keith.

thanks for this. There was a blank page covering the headed letter I received. The back of this contains what you wrote. I discounted this as the last letter received from the court was covered with a blank page with nothing on its reverse. Thanks.

Fruitcake

You must attend or you will lose. If you have difficulty attending a face to face hearing then you should urgently contact the court. They are required to make reasonable adjustments for disabled persons with protected characteristics in accordance with the Equality Act 2010, so you should ask for a 'phone or video hearing instead.
You can get someone to act as a lay representative, but you must still attend the hearing however it is held.