Defending a claim for train station free car park

Coupon-mad

yellowdots said:

Sorry but I need a bit of clarification about which paragraphs I am removing at the beginning.  Are they the first few paragraphs under heading The Claim is tainted by an abuse of process and should not proceed to trial?

I have also put my previous paragraph 18 now as paragraph 3.

Just remove the paragraphs that say the case should be struck out/not proceed to trial/are wasting the court's time.  I am not going to go and look and find them for people - it is obvious what needs to go and what should stay. 

yellowdots

Understand now, I will do that tomorrow then.  Thanks again, you and Keith have been a big help.

Redx

yellowdots said:

KeithP said:

yellowdots said:

Thanks.  The date of the N1 claim form is 26 August 2020 and I did the Acknowledgement of Service online on 12 September 2020.

The good news is that you have more time than you thought. 

With a Claim Issue Date of 26th August, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 28th September 2020 to file your Defence.

To file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Great what a relief, I am just drafting the email to Court and about to save my word doc as a pdf.  I cannot find the Southampton pdf though.

I will do the rest tomorrow so I don't make a silly mistake, thank you!

it is not going to any court, this is emailed to the CCBC in Northampton, its a government office, it is not a court

your court will be allocated when you have filled in the DQ after filing your defence, normally your local civil court

so at this stage there is no court at all, just an office

yellowdots

Thank you Redx I have a draft email ready to send to CCBC but what with all the reading earlier I hadn’t realised it wasn’t a court office.  

yellowdots

Hi again

I've now received the N180 Directions questionnaire, is this something I complete online or complete the paper form?

I also had a reply to my complaint letter to the train company, who have basically replied saying they acknowledge my comments, so by that wording I take it they aren't treating it as a complaint.  In the final paragraph is this:

"I understand that you are in receipt of previous letters of correspondence, to which you could have appealed or paid the PCN at a lower cost. TfWM are unable to discuss any further details regarding this matter, including the resurfacing of the carpark, as this has no bearing on this case."

I actually do think the resurfacing of the car park has a bearing.

I have also now received the correspondence relating to my SAR and I can see that they have requested Sheffield Court and I'm in Birmingham.

Thank you for any guidance you can give me.

KeithP

yellowdots said:

Hi again

I've now received the N180 Directions questionnaire, is this something I complete online or complete the paper form?

Go back to that list you read earlier, when filing your Defence.

Read again that list. This time starting at the point where it says:
After filing your Defence, there is more to do...

yellowdots said:

I can see that they have requested Sheffield Court and I'm in Birmingham.

That of course will be resolved when you answer all the questions on your Directions Questionnaire. 
Again, that list I mentioned above will help you.

yellowdots

Hi, thanks.  I am on the part of a post by bargepole where it gives suggested answers at point 4 e.g. A1 = NO to mediation, but its not clear if I email the form back or send the paper form in the post, just to send back to Northampton with a copy for the other side.

KeithP

yellowdots said:

...its not clear if I email the form back or send the paper form in the post, just to send back to Northampton with a copy for the other side.

It is perfectly clear in that list I directed you towards exactly how you dispose of your Directions Questionnaire.

You've obviously read item 8 on that list. Now read items 9 and 10 and 11.

Redx

whilst being very good advice , the Bargepole post is out of date, overtaken by technology and covid, so whilst post can be used, if you read the NEWBIES thread and the posts by KeithP, you will find instructions to email the completed DQ to the CCBC using the same ccbcaq email address used to previously file the defence

so at one time it was all paper, now its online emailing, although snail mail could be used, its not recommended in most cases

bear in mind we are talking about emailing the actual DQ received or downloaded from the CCBC, not the DQ issued by the claimant, where they want their local court, you have the right to choose yours in these cases, so do so

yellowdots

Ok got it now thanks very much, in the thread I followed from a link in the second post in the newbies thread, titled

Suggested template defence to adapt for all parking charge cases where they add false admin costs

and it does say I can email it back to the CCBC in point 9

Appreciate your help, I had just got a bit lost in all the links and reading!