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DQ after defense submitted, what now?

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nadm2020
nadm2020 Posts: 4 Newbie
First Post
edited 16 March 2020 at 1:16PM in Parking tickets, fines & parking
Hi all, i've been following the advice of this thread as we live together and were ticketed on the same night in the same location.
https://forums.moneysavingexpert.com/discussion/comment/76523942#Comment_76523942
After submitting my defense i've had an email from Gladstones solicitors stating:

"We act for the Claimant and have notified the Court of the Claimant’s intention to proceed with the Claim.  Please find enclosed a copy of the Claimant’s completed Directions Questionnaire, which has also been filed with the Court.   You will note the Claimant has elected to mediate in an attempt to settle this matter amicably, without the need for further Court intervention. Should you agree to mediation, please inform the Court who will contact both parties to arrange a mediation appointment."

Am unsure on how to proceed, as I can't see a date anywhere on when I need to return a DQ? Also, do I want to be going down the route of mediation, are they saying they want to settle with me out of court? Is this them saying they'll not take it to court if I pay them?

Any advice would be greatly appreciated,

Cheers!

Comments

  • Umkomaas
    Umkomaas Posts: 43,349 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The questions you raise relating to the DQ stage (in fact the whole defence process) is covered comprehensively in the NEWBIES FAQ sticky, second post. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.


    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.




    You never know how far you can go until you go too far.
  • Umkomaas said:
    The questions you raise relating to the DQ stage (in fact the whole defence process) is covered comprehensively in the NEWBIES FAQ sticky, second post. 
    Thanks for the reply.
    Found the info, however I can't see anywhere the date which the DQ has to be returned by.

    Also:
    "D1 = name of your local County Court – unless you are a Limited company, the case files will be transferred there. They will ask for theirs but protocol dictates it is your court. For example, MIL Collections always asks for Truro and Devere Parking always ask for Bournemouth. You, literally, do not want to go there."

    My PCN is addressed to a Ltd. Company, how does the above differ for myself?

  • Redx
    Redx Posts: 38,084 Forumite
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    edited 16 March 2020 at 2:20PM
    Your court papers should have told you when the DQ is due by , or check on the MCOL site by logging in , we cannot tell you your deadline

    That newbies thread tells you to ignore the claimants DQ and wait for the DQ from the CCBC or download your own CCBC DQ

    A ltd company can ask for their local court , or one halfway between Court and claimant , but it's not a right. Like it is in private cases

    Check the MCOL website for advice when it's a company and not an individual , or ask on a legal forum
  • Redx said:
    Your court papers should have told you when the DQ is due by , or check on the MCOL site by logging in , we cannot tell you your deadline

    That newbies thread tells you to ignore the claimants DQ and wait for the DQ from the CCBC or download your own CCBC DQ

    A ltd company can ask for their local court , or one halfway between Court and claimant , but it's not a right. Like it is in private cases

    Check the MCOL website for advice when it's a company and not an individual , or ask on a legal forum
    No sign of a DQ Date on MCOL, will check the court papers when i'm home, but i'm pretty sure there wasn't anything on there either?
  • Le_Kirk
    Le_Kirk Posts: 24,540 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Did you receive a N149A?  On there it states: -
    3. You must by DD/MM/YYYY complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office and serve copies on all other parties.

    Here is a link to a N149A: -

    https://www.moneyclaimsuk.co.uk/PDFForms/N149A.pdf

  • KeithP
    KeithP Posts: 41,296 Forumite
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    It looks to me that you have only received a copy of the Claimant's DQ from them.
    Is that right?

    As you are following your friend's thread, have another read of my 13 February at 9:50PM post on that thread. In particular, items 7 to 10 on the list therein.
  • Le_Kirk said:
    Did you receive a N149A?  On there it states: -
    3. You must by DD/MM/YYYY complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office and serve copies on all other parties.

    Here is a link to a N149A: -


    I think you might be right, so am I now waiting for contact from the courts with a date when I should get my DQ sent in?KeithP said:
    It looks to me that you have only received a copy of the Claimant's DQ from them.
    Is that right?

    As you are following your friend's thread, have another read of my 13 February at 9:50PM post on that thread. In particular, items 7 to 10 on the list therein.
    Yeah this was an email from the solicitors, not a letter/email from the court, same as above? Sit and wait for contact from courts?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Or just download your own version of the n180 and fill it out. Why wait? If the post gets lost you're screwed. 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    No Court has been allocated yet

    You are awaiting your DQ from the CCBC , not a court

    As mentioned in the newbies FAQ sticky thread and above , download your own and email it if you are worried , plus send a copy to the claimant as well
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