Notice of proposed allocation to the small claims track

tri_girl

So I used your suggested letter and emailed to CCBC and MP. It looks like I know need to fill in the N180. HELP!!! PLEASE!!!
A1.  This is asking if I want small claims mediation service. Do I agree to this case being referred to the Small Claims Mediation Service? 
C1. Do I agree that the small claims track is the appropriate track for this case? If no, why?
D1. Hearing venue, I assume I choose my local county court?
D2. It asks about using written evidence of an expert. Is there any expert evidence I can use here.
D3. Witnesses, do I include my daughter as she was with me when I received the parking ticket?
I just don't know what to do with all this? Sorry!

nosferatu1001

Have you read the newbies thread, which has a COMPLETE guide to this? No? Then go read it!

D3 - will your daughter be there in court? If yes, include her. If no, dont. 

tri_girl

SORRY!! I read it in 2018 but forgot about that bit. I am back on it now! It does explain so much!!!

Le_Kirk

tri_girl said:

SORRY!! I read it in 2018 but forgot about that bit. I am back on it now! It does explain so much!!!

Glad you are sorted for now but as this is not your thread, if you have any further questions, can you start your own thread or continue on one of the two you have open (if they relate on course): -
https://forums.moneysavingexpert.com/discussion/5912491/lbc-letter-from-bw-legal-drop-off-only-i-never-parked#latest
OR
https://forums.moneysavingexpert.com/discussion/5890435/legal-claim-anpr-ticket#latest

Palec

Hi hope you have good news re your case, I have received Notice of discontinuance today. Good luck

inasanalias

Hi, that’s great news for you. As for myself, I am still waiting to hear back so fingers crossed I get the same outcome as yourself.

inasanalias

Good morning, so following on from the brilliant letter Coupon Mad wrote for me to send to the court, I finally got a reply yesterday evening which I have copied and pasted below

Dear Mr xxxxxxxxx

 

Thank you for your recent complaint received on 16 September 2020.

 

I am the Team Leader at the County Court Business Centre (CCBC) and I am writing in response to your recent complaint. I understand from your complaint that you are unhappy that the stay was lifted and that the case was able to continue. 

 

Upon investigation into your complaint I have not identified any error made by the court. As the court received an application from the claimant to lift the stay and proceed which was granted by a Deputy District Judge. The stay was lifted in accordance with the Civil Procedure Rules (CPR) which govern this claim process. 

 

After a case is stayed either party to a case can file an application to lift the stay and this request is considered by a District Judge. Where the claimant is filing the application to lift the stay they are required to explain why they did not respond to the court within the 33 days after the defence is filed.  The District Judge will consider the request and decide if the application can be granted or refused.  

 

The CPR rules allow the application to be filed and considered. I can confirm that on this case the claimant submitted the relevant application and fee to the court. On 

08 September the following order was made Deputy District Judge Goodwin. 

 

'The Court will deal with the application to lift the stay without hearing under CPR 23.8(c)

It is ordered that:

The Application to lift the stay and for direction questionnaires to be issued is granted'     

If you would like your concerns to be considered by a District Judge you may do this by filing an application on the form N244. On the N244 form you may file a request to vary the District Judge's order dated 08 September or strike out the claim. This application attracts a fee and if you are unable to afford the fee then you may refer to the 'help with fees' guidance to check if your eligible for assistance with this fee.

Claimant and Court's role through this process

Your claim was issued through the HMCTS online service all claims issued through these online services and any county court are governed by CPR. In accordance with the CPR the claimant is responsible for checking that the correct claim steps are followed before the claim progresses.

The court only acts on the requests of parties to the case. The Court is an impartial organisation and does not represent either party to the case. If you are unhappy that the claimant has initiated court action against you then you will need to direct your concerns to the claimant. 

I hope the above has explained that any action against you was progressed by the claimant. 

Seeking independent advice

 

You mention you are unhappy with the action taken by BW Legal and their client and you may wish to seek independent legal advice if you are unsure on how to proceed. Court staff are not legally trained and are unable to provide legal advice on your case or any others. 

 

Claim status and next steps

 

After both parties filed their direction questionnaire (N180) forms the case was transferred to Stockport Court for a possible hearing.  

 

As the case is no longer held at the CCBC if you have any further enquiries you may contact Stockport Court and their contact details are as follows:

 

email: enquiries.stockport.countycourt@justice.gov.uk  

phone: 0161 477 2020

 

I am sorry the process has caused frustration though I hope I have been able to clarify the procedure and that no error was made by the court, if you're unhappy with the way I have handled your complaint, you can ask the CCBC Operations Manager, Mrs A Hirst to review it, you would need to put your request in writing and detail the points that I have not covered and why you still wish to complain.  

 

 

 

 

Yours sincerely, 

 

Miss Mannan 
Team Leader 
County Court Business Centre, Helpdesk | HMCTS | County Court Business Centre , St Katherine's House , 21-27 St Katherine's Street , Northampton , NN1 2LH   

So it looks like BW Legal know what they are doing and the courts can’t stop them. Will just wait for my court date now and take it from there 

D_P_Dance

That seems reasonable to me. 

Le_Kirk

Well at least one question was answered - did they pay a fee - YES.

nosferatu1001

It is monumentally unfair that a stay is indefinite.