Do I have a leg to stand on?

Gilbs

Coupon-mad said:

We assume you've read the good news all over the forum this week and digested it?

I hadn't no.... amazing news! Through this parking ticket etc it's really opened my eyes to a world of essentially free, very important advice, that some very good people go to a lot of time and effort to put together and upkeep.

Might be a silly questions but I'm guessing I still just need file the N180 as before?

Le_Kirk said:

You put in whichever County Court suits you best.  I doubt you would nee/want a Magistrates court.  Bear in mind though that these days a lot of hearings are by video or telephone.

On the 'Notice of Proposed Allocation to the Small Claims Track' it already has a county court listed half way down the page that it says I need to file with, and when I called my local county court to see if I can file it with them and send to them instead, they said it had to be sent to the one on the form...

Do I send to both? Do I ignore the one that's on the form and the person I spoke to on the phone? I'm a little confused...
 

Le_Kirk

Gilbs said:

Le_Kirk said:

You put in whichever County Court suits you best.  I doubt you would nee/want a Magistrates court.  Bear in mind though that these days a lot of hearings are by video or telephone.

On the 'Notice of Proposed Allocation to the Small Claims Track' it already has a county court listed half way down the page that it says I need to file with, and when I called my local county court to see if I can file it with them and send to them instead, they said it had to be sent to the one on the form...

Do I send to both? Do I ignore the one that's on the form and the person I spoke to on the phone? I'm a little confused...

Did you select your preferred court when you submitted your N180 (DQ)?  Or is it a company defence?  You seem to have a Notice of Allocation before you have filed your DQ!

Gilbs

Le_Kirk said:

Did you select your preferred court when you submitted your N180 (DQ)?  Or is it a company defence?  You seem to have a Notice of Allocation before you have filed your DQ!

My DQ came attached to the Notice of Allocation, is that not correct?

I'm about to send the DQ to the court and Highview now with preferred court that I've detailed on the form 

Le_Kirk

Gilbs said:

Le_Kirk said:
Did you select your preferred court when you submitted your N180 (DQ)?  Or is it a company defence?  You seem to have a Notice of Allocation before you have filed your DQ!

My DQ came attached to the Notice of Allocation, is that not correct?

I'm about to send the DQ to the court and Highview now with preferred court that I've detailed on the form 

It is weird that the DQ came with a court name filled in especially as you have not yet submitted your DQ.  I think you are doing the right thing.

Gilbs

Le_Kirk said:

It is weird that the DQ came with a court name filled in especially as you have not yet submitted your DQ.  I think you are doing the right thing.

Ok thanks for your help!

Gilbs

Couple of updates on this. 

I received my “notice of allocation to the small claims track (hearing)”. My court date is 26th august and I have to submit my evidence by Monday 9th may, so will get this completed and submitted on Monday. I have seen some examples so will adapt those to my situation. Here is the letter. Is this typical or is there anything out of the ordinary?

Also interestingly… I received this email yesterday

Is this something that is typically done? I’ll be honest… I’m somewhat tempted to save myself having to go to court and take a day off work. It’s been reduced by almost half. Please don’t crucify me for saying that!!

Umkomaas

I’ll be honest… I’m somewhat tempted to save myself having to go to court and take a day off work.

Just what they're hoping for, all part of the ratcheting of pressure on you.   Often (but not guaranteed) a discontinuation follows a few weeks later. They really don't want to pay that hearing fee, hence their deadline for you to cough up is the same date!

Castle

Umkomaas said:

I’ll be honest… I’m somewhat tempted to save myself having to go to court and take a day off work.

Just what they're hoping for, all part of the ratcheting of pressure on you.   Often (but not guaranteed) a discontinuation follows a few weeks later. They really don't want to pay that hearing fee, hence their deadline for you to cough up is the same date!

And the PPC don't want to pay somebody to write them a "WS" which needs to filed by Monday 9th May.

Le_Kirk

Nothing to do with you but how is the claimant going to deal with paragraph 5 in the judge's instructions?

5. Unless the claimant does by 4.00 pm on the pay to the court the trial fee of £27 ......

Coupon-mad

Don't pay up.  This is poker face time and may well see a discontinuance if you get a robust WS in on time (last afternoon of course, so as to give them no wriggle room) and they quite possibly won't!

Latest WS example is the bundle including cover index sheet is the first WS by @ricky_balboa which includes the stuff about the DLUHC banning fake debt recovery 'fees'.

Don't use the example in the NEWBIES thread By Robert Cox or the out of date Crosby case.

Someone else has also just posted their draft WS today on their thread but can't recall who...well worth a look and cribbing from!