DCBL/UKPC - County Court Claim

Deejj

Good morning folks.
Quick (possibly stupid) question.
I'm ready to submit my defence (this weekend). Do I simply need to email it to the ccbcaq email address? Is that all I need to do?
I've re-read the (very helpful) guides and wasn't 100% sure.

I know to expect the questionnaire and the witness statement/evidence to follow.
Thanks folks

Jenni_D

Yes - email it to the CCBCAQ address, and do it during normal business hours (so 9am - 4pm, Mon-Fri), and make sure you get an auto-response email acknowledging receipt. That last point is very important - if you don't get one then there's a high probability that your email has gone into a black hole.

Also Cc your email to the Claimant('s legal co) ... you don't have to do this (as that's what the CCBC will do as part of their process) but sometimes doing so  convinces a Claimant to cut their losses and discontinue early.

Deejj

Hi everyone.
I've now got to the Directions Questionnaire stage N180. I have two questions please:

1. On the N180, do I have to give a telephone number or is an email address sufficient? I don't have a land line number, and don't wish to reveal any telephone number to the vultures at DCB to then start harrassing me.
2. Is service of the document acceptable by email. I've been reading the practice directions, and it seems to imply that it has to be accepted in writing. I have an email from DCB, including their N180, which sets out that they intend to serve documents by email. Is this sufficient to comply with that?

Coupon-mad

No phone number needed - and yes (email).

KeithP

Did these paragraphs from that checklist you were following when you filed your Defence not help?..

Deejj

KeithP said:

Did these paragraphs from that checklist you were following when you filed your Defence not help?..

Thanks KeithP - Admittedly I missed that. I copied the suggested defence but didn't go back to the start of the thread. I shall blame covid brainfog and noted for future reference! 😁

Deejj

Morning everyone.
I've now received a listing date of 15 August 2022 for a telephone hearing for a "dispute resolution hearing".
As per the order I've provided a telephone number for contact.
The order stipulates that evidence/witness statements must be provided 14 days in advance of the hearing. I presume that the claimant will also be required to comply with that timeframe.
I have already drafted my witness statement using the "good example of a witness statement" in the sticky thread (thank you for that btw). I've included the required fact statement as written in the order I've received today.
I've used a lot of evidence to underline my case, although their own photos and documents prove my case rather distinctly.
I've also included a schedule of costs; x number of hours taken to work on this case and gather evidence, the attendance at court cost, the mileage I had to travel to obtain photographic and video evidence etc.
I've already found the section of the Code of Practice (correct year) that states that a location must be accurate; their documentation, tickets, letters and case all refer to a breach of contract at location "a", whereas the the vehicle location and photographs are location "b" (about 1.6km away).  Worth noting that is my secondary argument, as the primary is that a permit was in place (as their own photographic evidence demonstrates).

My latest questions, therefore, are:

1. Can I sense check please: the date by which evidence/witness statements must be provided is 01 August 2022?
2. In my witness statement I have included 24 appendices of evidence within the document which are photographic (eg their photos, my photos and signage) and documentary (BPA Code of Practice, Beavis sign and their documentation). Do they need to be send separately or are they ok as appendices. The only file I need to send individually is the video as i obviously can't embed that into a document.
3. When am I likely to receive the evidence from the claimant? Is it likely to be last minute also?
4. For the schedule of costs - I've included 34 hours (I logged any time I spent on the case as a lawyer would). Is this reasonable?
5. Is anyone aware of any case law that pertains to an incorrect location being used? 
   

I may ask a couple of people to review my witness statement as a second pair of eyes if possible - how would I do that without disclosing named details on this forum please?

As always folks, I'm grateful for your assistance and time.

Le_Kirk

1.  This date will be on the Notice of Allocation (or it might state not later than 14 days ........)
2.  So long as you send the WS and evidence plus cost assessment as one PDF you should be fine, as you say you will need to supply the video in a durable format such as CD, USB stick etc anything that cannot be altered after you send it.
3.  The clamant has the same deadline as you but expect them to, as the Eagles said "take to to the limit"
4.  You are likely only to receive £95 unless the claimant as acted unreasonably and that is a high bar to cross.
4.  Not I.

Coupon-mad

A dispute resolution hearing is just glorified Mediation with (usually) a rookie part time Judge who pressures the Defendant to settle.

Don't be fooled, even though you have no choice but to take part. Make your WS and evidence strong.  You know the deadline. 14 days is 14 days. If your hearing is on a Monday then your WS deadline is two Mondays before , etc.

It's not the final hearing unless rookie Judge is so sure that one party has zero case that they decide the case then and there.

Jenni_D

Coupon-mad said:

It's not the final hearing unless rookie Judge is so sure that one party has zero case that they decide the case then and there.

Which has happened on at least a couple of occasions ... and invariably the rookie has found for the Claimant. 🙄