Think I'm being taken to court for parking in my own space - what do I do next?

KeithP

Mirandoch said:

I've received an email of the Claimant's Directions Questionnaire. The FAQ says to ignore it, so that's what I'm going to do. However I'm a bit concerned I haven't received anything from the CCBC yet. Is it normal for there to be a wait or should I get a move on and download my own copy? I don't want to miss any deadlines.

The CCBC sent you a letter, or will send you a letter, saying the Claimant has twenty eight days to consider your Defence.

What you don't know is when the CCBC sent a copy of your Defence to the Claimant. 

It follows from that that it is not known when the Claimant has to respond to the CCBC. 

Further, we don't know what delays there are in the CCBC that means they don't send you a Directions Questionnaire as promptly as you might like.

Can I suggest that you keep checking your MCOL Claim History and as soon as you see that the CCBC has sent a DQ to you, you are ready to download a DQ, complete it and fire it back at the CCBC, remembering to send a copy to the Claimant of course?

Mirandoch said:

Extremely nervous about speaking publicly - I write better than I speak.

Have you seen this video?...
www.youtube.com/watch?v=n93eoaxhzpU

Just three or four people sitting round a table having a discussion.

That video was made a few years ago and hearings nowadays are often via telephone or video link.

Mirandoch

Thank you!

I've logged into MCOL. The last update was on the 14th March, where they said they received my defense. Nothing about an N180. Looks like I do need to give it more time.

I watched the video - thank you for that. On the one hand, it's good to know it's not as formal as I was expecting. On the other hand... I am autistic and am prone to clamming up or having my mind go blank at the worst possible times. I'll do my best to keep on speaking, but I really am not a good speaker. I don't want to give up so late in the day though :-/

Re the court hearing: are you allowed to bring in anyone with you other than a legal representative? I mean for moral/emotional support.

Fruitcake

Unless you have a friend or family member who is legally licenced to conduct litigation for free, a legal rep will cost you money, and it's rare to find one who will take on a parking case let alone know the law surrounding the unregulated parking industry.

You can bring a McKenzie friend who is allowed to hand you documents and whisper in your ear, or you can bring a lay representative who will act for you as a non-legal advocate. You can also bring witnesses to the alleged event but you must include their witness statements and advise the court they will be attending.

Courts are generally open to the public so anyone can watch the hearing, but they are not permitted to speak (interfere) unless they are one of the above.

Mirandoch

Hello everyone. I finally got my N180 form through the post. Have started filling it in, using this post as a guide: https://forums.moneysavingexpert.com/discussion/comment/71763411#Comment_71763411

But I have a few questions if that's okay.

1). D1 asks you whether you consider your claim is suitable for determination without a hearing. Should I answer yes or no to this one?

2). E1 asks you which county court you would prefer. There is one literally a 5-minute walk away from where I live, but its status is listed as "inactive" on https://courtsdatabase.co.uk , which presumably rules it out (unfortunately). All the other courts I looked at were "active", but had terrible reviews on google. I've got no idea what to look for in a court, so should I just pick the closest one to me geographically and not worry about anything else?

3). E5 asks if you believe you are vulnerable in a way which the court needs to consider. I'm tempted to answer yes to this one, citing my autism - I've got an official diagnosis and can provide proof of that if needed. The reason is, it does affect my ability to commumicate, particularly under stress. And this will be stressful. Do you think that's a good idea or would it be better to not say anything?

Sorry for all the questions

Boat_to_Bolivia

@Grizebeck has a thread about the new questions on the N180 which will help answer Q1.

People tend to just pick the court closest to where they live or work.

I would definitely mention your autism diagnosis and how it affects you when put under stress.

KeithP

Never answer 'yes' to question D1.
This and other answers are explained in Bargepole's 'what happens when' post linked from the second post of the NEWBIES thread.
That, together with this... New Questions on the N180 Form should answer all your queries.

B789

No to D1 and put this in the box:

https://www.dropbox.com/s/73d6bfbfvogtp4e/N180_DQ_QD1_response.pdf?dl=0

You may have to overlay a text box and paste it in and change it to Arial 9pt which fits perfectly.

Mirandoch

Thanks everyone! I've read the thread about the new questions and have almost finished the form now - just still trying to decide which county court to go with. (Not Luton obviously! None of the others I'm considering are part of the small claims pilot scheme.)

B789 - I saw that, but I didn't have enough space in the small box to write all that, so I shortened it by quite a bit (but hopefully still keeping the gist of the message).

If I download the form and fill that in instead, who do I email it to? Is it the same address that I emailed my defense to, i.e {Removed by Forum Team}? I am sorry, I did look but couldn't find anything.

Jenni_D

Did you miss this?

B789 said:

You may have to overlay a text box and paste it in and change it to Arial 9pt which fits perfectly.

B789

Mirandoch said:

B789 - I saw that, but I didn't have enough space in the small box to write all that, so I shortened it by quite a bit (but hopefully still keeping the gist of the message). 

If I download the form and fill that in instead, who do I email it to? Is it the same address that I emailed my defense to, i.e CCBCAQ@Justice.gov.uk? I am sorry, I did look but couldn't find anything. 

Email to the same email address and CC in the claimant's solicitors.

Text box overlay with 9pt Arial fits perfectly: