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DCBLegal/CCPC County Court

191012141519

Comments

  • FineFighter
    FineFighter Posts: 83 Forumite
    Third Anniversary 10 Posts Name Dropper
    I'm planning to submit my defence to both cases via email tomorrow evening or Wednesday morning, not wanting to leave it too last minute. Its sent via email - is the correct address ccbc@justice.gov.uk?
    Can I sign it on my iPad or does it need to be printed, signed and then scanned back in?
    And do I need to put anything in the subject or body of the email, other than the claim number?

    Sorry for all the Qs!
  • Coupon-mad
    Coupon-mad Posts: 152,806 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 14 June 2021 at 1:18PM
    I don’t think that email is right but you are already given the right one in the template defence thread so no need to ask.

    I believe in the template defence thread I also state the obvious interns of what to put in the subject line of the email.
    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 THREAD
  • FineFighter
    FineFighter Posts: 83 Forumite
    Third Anniversary 10 Posts Name Dropper
    I don’t think that email is right but you are already given the right one in the template defence thread so no need to ask.

    I believe in the template defence thread I also state the obvious interns of what to put in the subject line of the email.
    Apologies, I hadn't realised most of the information is in the defence thread already. 
    The only remaining question is whether the signature has to be in wet ink or whether its acceptable to sign on an ipad or by photographing my signature and inserting into the document?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Surely you have read this more than once...


  • Coupon-mad
    Coupon-mad Posts: 152,806 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    no need for a wet ink signature.
    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 THREAD
  • FineFighter
    FineFighter Posts: 83 Forumite
    Third Anniversary 10 Posts Name Dropper
    edited 14 June 2021 at 1:32PM
    To be honest, I've read the thread at the beginning of the process and downloaded the body of the defence into a document, and had forgotten this useful information was there. Apologies for this oversight, I should've checked there first.

    Thank you for your clarification @KeithP and @Coupon-mad.

    I've also tried to make paragraph 4 a bit clearer and added to the PoFA transfer of liability at paragraph 5 that the NtK fails in paragraph 9 (2) (e), (f) and (h) of the PoFA

    4. The defendant denies liability because there is a lack of clarity with regards to who is bringing the claim, and to whom the alleged contract is made, with these entities being materially different. The claimant is named as Terry Szmidt T/A Capital Car Park Control, however the signage in the area refers only to Capital Carpark Control, which is different to the trade name given above, and there is no mention of the sole trader on the signage. Trite contract law is that one must know with whom one is entering into a contract and this clearly fails in this regard.

  • Coupon-mad
    Coupon-mad Posts: 152,806 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I think that's fine.
    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 THREAD
  • FineFighter
    FineFighter Posts: 83 Forumite
    Third Anniversary 10 Posts Name Dropper
    Hi all
    Thank you for all your help and guidance
    Submitted my defence and got a letter from the court saying they're serving on the claimant and then they have 28 days to confirm they wish to proceed or the application gets stayed. Not sure if this is new or not, but I guess I wait for the directions questionnaire from them or the court? 
  • Le_Kirk
    Le_Kirk Posts: 24,695 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Exactly as expected.  Reading the NEWBIE sticky again will inform you of the complete process so that nothing comes as a surprise.
  • FineFighter
    FineFighter Posts: 83 Forumite
    Third Anniversary 10 Posts Name Dropper
    Hi all,

    After submitting my defence, it took them a good 3.5 weeks to get back and say they’ve read my defence and wish to proceed. They’ve suggested they may be prepared to settle the case - which I’ve read is a good sign? 
    I’m kind of tempted to offer them a much smaller amount than they’re claiming to get them off my back, but the principle of it all doesn’t sit right with me and I worry about how that will come across to a judge.

    they've again split the two claims, despite me pointing that out in my defence and inviting the court to strike out their claim - I’m wondering if there’s any way to chase this up with the courts or if I just have to wait for the hearing for this?

    They’ve also sent their directions questionnaire but I haven’t received anything from mcol. Mcol hasn’t actually been updated since my defence, and that was done quite promptly a few days after I sent that.... is it worth sending a directions questionnaire now or is it better to wait for the DQ to arrive from court?
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