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Court Papers received - draft abuse of process defence

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Comments

  • Redx
    Redx Posts: 38,084 Forumite
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    edited 7 July 2020 at 6:03PM
    Read the newbies thread again , all these simple questions were answered years ago and you should have expected their letter do not rely on memory , check , read again , keep checking , keep reading

    The DQ should be posted by the CCBC to the defendant , not emailed. This can be filled in and emailed to the CCBC as before , or download it , fill it in and email it back , so no posting it

    Do the research and be Pro active , not reactive , if in any doubt , do the downloaded DQ and email it , don't ask , just do
  • MC12345
    MC12345 Posts: 55 Forumite
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    Redx said:
    Read the newbies thread again , all these simple questions were answered years ago and you should have expected their letter do not rely on memory , check , read again , keep checking , keep reading

    The DQ should be posted by the CCBC to the defendant , not emailed. This can be filled in and emailed to the CCBC as before , or download it , fill it in and email it back , so no posting it

    Do the research and be Pro active , not reactive , if in any doubt , do the downloaded DQ and email it , don't ask , just do
    Thanks for the reply, The N180 is prepared as per the instructions posted here, just wondered if it would be posted out or emailed (if one uses MCOL)  the newbie thread doesn't say if they are posted out or emailed out, that's what prompted the question.

    Defence is NOT your only job, nor the only paperwork!
    There will be:
    (a) Directions Questionnaire (N180) stage - an easy form.
    (b) Witness Statement & evidence and costs assessment stage.
    (c) A hearing at your local court (or in 2020, a Telephone Hearing if your local Court Judge is working from home).

    Some days/weeks after filing your defence, the CCBC will send you a DQ N180 form, that must be completed & returned to the claimant and the court, explained by IamEmanresu:
    https://forums.moneysavingexpert.com/discussion/comment/71763411#Comment_71763411

  • Redx
    Redx Posts: 38,084 Forumite
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    edited 7 July 2020 at 7:05PM
    The instructions by KeithP and the newbies thread have been updated since Bargepole and Iamemanresu posted and in hundreds of threads the posts have said to download it , fill it in and email it to the same CCBC email address that the defence was emailed to , plus send a copy to the claimant or their representative

    KeithP used to post extremely comprehensive advice on this to every poster , like this one 6 months ago on page 2 of this forum , read his reply on the first page

    https://forums.moneysavingexpert.com/discussion/6081455/county-court-claim-ops-dcb-legal/p1

    The instructions used to read like that , but we're supposed to be in the newbies thread due to repetition

    Things have moved on since royal mail was specified in 2016 , but the CCBC still issue court claims and DQ by post , but have allowed submissions by email in the last few years

    You would think they would allow uploads like popla do , but government moves slowly when it comes to change , hopefully the pandemic will improve online systems from now on , like telephone hearings for example

    Either way , you should be reading other court case threads than your own , especially those further on or concluded
  • KeithP
    KeithP Posts: 41,296 Forumite
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    Redx said:
    KeithP used to post extremely comprehensive advice on this to every poster.
    I stopped doing that when Coupon-mad decided that she would take over that function.
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 7 July 2020 at 7:10PM
    Agreed , so I thought it was now incorporated into the newbies thread , but your previous instructions are in countless court case threads that the OP should be reading , especially those further on or concluded

    I have never been to court but the steps are burned into my skull just by reading these threads , it's all standard stuff , but reading 4 year old posts should be taken with a pinch of salt and double checked against 2020 advice , especially due to covid19
  • KeithP
    KeithP Posts: 41,296 Forumite
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    Redx said:
    Agreed , so I thought it was now incorporated into the newbies thread...
    Not in the NEWBIES thread, but linked from it.

    They are now in the first post of this thread:
    https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1
  • Redx
    Redx Posts: 38,084 Forumite
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    Thanks , so like I said , the OP should be reading the 2020 advice due to covid19 , never mind anything else

    To answer their specific question , the CCBC post the documents same as the claim documents pack , same place same method , to the same address , been that way since MCOL started online so I assume using Royal mail
  • MC12345
    MC12345 Posts: 55 Forumite
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    edited 10 July 2020 at 1:27PM
    What would be the implications if the claimants handling solicitors sent you vehicle details that are not yours but relate to other vehicles parked in the car park ? Would that be a GDPR breach ?
  • Le_Kirk
    Le_Kirk Posts: 25,134 Forumite
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    Did they just send the VRMs or did they send KEEPER details?  If it was just the VRMs you could get that just be walking through a car park but if it was KEEPER name and address, that should warrant a complaint to the ICO.  Also you should complain to the solicitors and they should report themselves to the ICO.
  • MC12345
    MC12345 Posts: 55 Forumite
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    edited 10 July 2020 at 2:30PM

    A list of all VRM's that paid on day in question in the following format

    zatpark / parkeon / parkonomy,  a start time, and end time (all end minutes match start minutes, so looks like how long the vehicle paid for  and then the VRM

    about 200 vehicles..

    Am i allowed to use it in my witness statement exhibits un-redacted without breaching anything?

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