County Court Claim - NCP Parking outstayed by 20 mins

Jenni_D

Looks like the court (MCOL?) have misinterpreted the defence. Or did you inadvertently tick a box for filing a counterclaim?

Fruitcake

It looks like the court have got themselves confused, so you need to contact them and explain that you didn't make a counterclaim, and ask them to confirm this in writing, and to confirm that you are not required to pay a fee for defending a claim.

Le_Kirk

Jenni_D said:

Looks like the court (MCOL?) have misinterpreted the defence. Or did you inadvertently tick a box for filing a counterclaim?

My exact thought @Jenni_D

Le_Kirk

Monseymoo said:

@Le_Kirk well that's what I'm confused about I copied the defence template provided on here, all paragraphs the same except for my adjusted 2 paragraphs.  The template has the following in which I'm wondering if they have taken to mean I am counter claiming?  But I cant see anyone else having this happen from the same template?

In the matter of costs, the Defendant seeks:

17.        (a) standard witness costs for attendance at Court, pursuant to CPR 27.14, and

(b) that any heari.........................

No, you are right, that is the template and, as you correctly surmise, we have not come across this before.

Monseymoo

Ok great thanks Phew!  I'll contact the courts no I did not select any counterclaim box on any forms thanks all

nosferatu1001

It doesnt actually matter. If the fee isnt paid then the counterclaim is struck, and as there wasnt one, it doesnt matter. 

Monseymoo

Hi all just an update I submitted my Defence on the 10th March and have today received a letter from bw legal with a "Notice of Intention to Proceed".  The letter looks to be a standard template letter stating that even though they have reviewing my defence they still believe taking it to court will result in the court finding in favour. 

Do I now wait to be asked to complete a Witness Statement do I get prompted to do this and approx when does this need to be completed and submitted to all parties?

Have there been any cases where once this is submitted bw legal or equiv companies just pull the whole claim?

Thanks in advance everyone @Redx @Le_Kirk @Fruitcake @Jennie_2

Le_Kirk

You could revert to the NEWBIE sticky where all your questions are answered.  You will find that this is correct procedure and the next document you receive will be a N180 - DQ.  Keep an eye on your MCOL account as it will give dates when the DQ has been despatched.

Monseymoo

thanks so much @Le_Kirk

Monseymoo

Morning everyone so I received a Notice of Proposed Allocation to the Small Claims Track dated 9th April stating that I need to complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office by 26th April.  It looks like I can log in and do this if I do this will I also need to post it to the courts? Thanks as always!