County Court Claim-QDR solicitors/Met Parking

KeithP

berseker said:

Hi guys,

I have a quick question, about a situation my dad is in, once I receive a reply to this message I'll delete the message so it doesn't confuse the thread.

My dad got a court claim form letter through the post a few weeks ago. I have acknowledged the claim through MCOL. I have e-mailed MET Parking about 5-6 times in the last couple of weeks requesting SAR but they have not responded. The PCN was from a few years ago so he cannot fully remember it so I need the SAR to see the exact reason and proof they have. I contacted CCBC in regards to this as I only have 5 days to submit the defence but I cannot submit the defence without knowing all the PCN details. They advised me to write a defence which explains that I have been trying to get in contact with MET parking for the last couple of weeks and have had no response and I cannot write a sufficient defence in regards to the PCN if I haven't got the details for it.

Is what CCBC advised correct? Has anyone seen someone/been in this situation?

Many Thanks

Yes, the CCBC are correct.
Now please start a new thread about your Dad's predicament and delete your above post. The mantra is - one incident per thread - anything else only leads to confusion.
In your new thread tell us the Issue Date on the Claim Form, the date when an Acknowledgment of Service was filed and show us the Particulars of Claim.
Worrying to see so much use of the word 'I' in respect of your father's claim.

Coupon-mad

You do not need ANY details of the PCN at all to use the Template defence.  We never request a SAR.

berseker

Thanks for the response @KeithP and @Coupon-mad. @KeithP My dad is in his late 70's, is registered disabled and English is not his first language so i am pretty much his carer, hence all the 'I's". I have deleted it from the thread. Thank you

berseker

In regards to the thread's original claim. I have just received the below e-mail from DCB Legal. Should I send my tenancy agreement? My car is registered to a different address (where all letters were sent) from where I live now/the PCNs were received.

Dear Mr **********,

 

We act for Met Parking Services Ltd.

 

We note from your defence you are a leaseholder at *******.

 

We kindly ask we are furnished a copy of said lease in order to review this matter appropriately with our Client.

 

We look forward to hearing from you in the next 14 days.

 

Kind Regards,  

Charlotte Carr 

 

DCB Legal Ltd  

I believe I attached my tenancy agreement at the end of my court defence, the page after the end of my defence. They clearly have not seen it. I guess this is a good thing as below that 'evidence' page is my counterclaim. Hopefully, they did not see my counterclaim, meaning they are oblivious to it, so they do not respond in the required 14 + 2 days so the case is struck out.  

Coupon-mad

Oooer that's brilliant! But did you pay the fee and make your counterclaim live?

berseker

@Coupon-mad The CC was underneath my defence that I sent to CCBC. I called up the next day to make the payment. Does that mean it's live? 

Should I send my lease agreement to DCB Legal? 

Thanks

Coupon-mad

Yes it's a live Counterclaim, and ... yes but slowly.  Sit on your hands. Let's see if they miss defending the Counterclaim!

berseker

Good Morning

I thought the 14+2 days for the counterclaim were working days but it is not. I e-mailed my defence and counterclaim on the 28th of December, so it's been three and a half weeks. I just got off the phone with CCBC and the woman said that they have not received any response from the claimant since my defence/counterclaim was sent to them.

I got a bit confused with what she said after, she said my CC was processed on the 2nd and my defence on the 9th of Jan. Not sure what she meant by that but even so, it has been over 16 days since the 2nd of Jan. She said on her system the claim has not yet been struck out but when it does I will receive a letter or to call back next week and see if there are any updates. I'm hoping that this has all worked out in my favour and will keep you all updated.

In regards to the email I received from DCB legal asking me to send my tenancy agreement within 14 days (I have until this Friday) should I send it to them on Thursday/Friday? 

Thank You

Coupon-mad

berseker said:

Good Morning

I thought the 14+2 days for the counterclaim were working days but it is not. I e-mailed my defence and counterclaim on the 28th of December, so it's been three and a half weeks. I just got off the phone with CCBC and the woman said that they have not received any response from the claimant since my defence/counterclaim was sent to them.

I got a bit confused with what she said after, she said my CC was processed on the 2nd and my defence on the 9th of Jan. Not sure what she meant by that but even so, it has been over 16 days since the 2nd of Jan. She said on her system the claim has not yet been struck out but when it does I will receive a letter or to call back next week and see if there are any updates. I'm hoping that this has all worked out in my favour and will keep you all updated.

In regards to the email I received from DCB legal asking me to send my tenancy agreement within 14 days (I have until this Friday) should I send it to them on Thursday/Friday? 

 No don't.  Their deadline is artificial. Forget that during January.

You need to ask the CNBC: on what date was the Defence and CC actually sent to the Claimant?  Your 14 days +2 is calculated from then.

Ask them as well, whether the case has already been allocated to your local court and if so, that is where you must apply for judgment in default.

Be ready to ask for judgment if you see no defence to your CC in time.  Your priority is to fill in form N225, which you can download here: N225 - Request for judgment and reply to admission (specified amount) (publishing.service.gov.uk)

berseker

Hi Good Morning @Coupon-mad

I have just called and the person stated the Defence and CC was sent to the claimant on the 9th of January. later in the call, I asked 'Just to clarify, the claimant has 16 days to respond to the CC, if not then it will be struck out' She responded with 'No they have 33 days'. I seem to be getting different information each time I call.

The case has not yet been allocated to my local court. She stated that I would receive a direction questionnaire when it is allocated to my local court.