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Direction Questionnaire N181: Vs Gladstone/UK Car Park
I will publish full details of my case with documents used once settled but for now this is the summary:
In March 2020: I appealed against a CCJ that was entered against me, and served to the wrong address (I was not the driver)
In June 2020: the Judge ordered for the CCJ to be set aside, conditional on the defendant (myself) filing the Defense within 14 days.
And ordered the claimant (Gladstone) to pay for my court application fees.
In July 2020: The judge ordered that Gladstone respond to the questionnaire and serve copies to all parties, by the 10th August.
In August 2020: Gladstone passed the deadline and failed to respond to the questionnaire.
In August 2020: The court has ordered the defendant (Myself) the following:
IT IS ORDERED THAT The Defendant must file the Direction Questionnaire by 28 August 2020 with the Court office. If you do not comply with this order, your defence/counterclaim will automatically be struck out without further order of the court and the Claimant be at liberty to enter judgment. You can download a Direction Questionnaire * N180 Small Claims or N181 Fast Track and Multi Track *from http:// hmctsformfinder.justice.gov.uk/HMCTS/FormFinder.do
My questions:
1) what are the implications on the case giving that Gladstone did not respond to the questionnaire after I filed my defense?
2)The questionnaire advice is to try to reach out to the other party and try to agree a solution: Should I do so?
3) What should I write in the raft? would you have any template to follow?
4) Any advice would be highly appreciated
If anyone is going the same process, I ll be more then happy to share my previous draft and experience.
KR
AAA
Comments
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would you have any template to follow?Did you miss this when you read the NEWBIE sticky?IMPORTANT - KNOW WHAT YOU MUST DO AND BY WHEN!Everything about N180 is in there, particularly the bit about saying NO to mediation.
Here's a summary from @bargepole of what happens when, what you MUST do in time, re the paperwork & deadlines (however during the COVID_19 pandemic whilst hearings are likely to be conducted by telephone, please see the info linked below under 'COVID_19: 2020 TELEPHONE HEARINGS' as well):
https://forums.moneysavingexpert.com/discussion/5546325/court-claim-procedure-updated-october-2016/p1
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_717634113 -
1) you don't know they didn't respond. You know you didn't get a copy. The court may have received a copy, and they may have sent one to you but it was lost in the post. You've made an assumption. Don't.2) newbies thread
3) newbies thread
4) newbies thread
the n180 is easy. No need fir any questions. What's far more important is your DEFENCE - we dint know what you filed.3 -
@nosferatu1001
Many Thanks for your response.
1)I know they did not respond, because I called the court and they informed me that they did not hear from them.
2) I don't know what you mean by newbies thread.
I used the defence proposed on this site: just changed my details. It fitted very well my case:
- I was not the driver: car hire and I had already provided them with the name of the driver but they somehow ignored that.
-the £160 with £60 over charge.
The case was allocated to the fast track. So it d be N181. I was just wondering whether I d have to write a WS...as I did before.
KR
Anis
0 -
You will find the NEWBIES thread on that screen where you found the New Thread button this morning.
It's one of the first five threads - the one with the word NEWBIES in the thread title.
The Witness Statement for the underlying hearing is totally different to that for the set aside hearing.
Again, read the second post of the NEWBIES thread for the detail.
Once more, you don't know that they didn't respond, all you know is that you, and now the court, didn't receive any response.
Somewhat different.2 -
As above
how haven't you found the newbies thread?
why on earth is this on the fast track?! How much is the claim for? You realise there is NO COSTS PROTECTION. On the fast track, so if you lose you're liable for the solicitor costs as wel?
we need to see some actual documents here3 -
Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs, and in some cases, cancellation.
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 later this year,
Just as the clampers were finally closed down, so hopefully will many of these companies, 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/of these Private Parking Companies.
You never know how far you can go until you go too far.1 -
The case was allocated to the fast track.Why on earth? Is it about a four figure sum of money?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 THREAD1 -
I have received a "Notice of Proposed Allocation to the Small Claims Track" after sending my Defence Claim following the steps from the Newbies and expected the N180 but the document behind is a N181 that is supposed too be used for bigger amounts, right?Coupon-mad said:The case was allocated to the fast track.Why on earth? Is it about a four figure sum of money?
Should I complete that one or download the N180?
0 -
This isn't your thread. This is an ancient thread from over 4 years ago, long since archived.
Read the second post of the NEWBIES thread first please. Then start your own thread.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 THREAD1 -
It was an error from the Civil National Business Centre, confirmed over the phone. The Admin Officer sent me the N180 in a pdf to my email.0
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