UKPC PCN County Court Claim 24 NOV - 2021 - Defence Statement Help Needed

KeithP

shariifi said:

I have not received a DQ form from the court within a week of filing a defence (Defence was received on 21/12/2021 by court).

Your expectation is too high.
Where did you get the 'within a week' idea from?

The CCBC sent you a letter, or will send you a letter, saying the Claimant had 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 DQ 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 to the CCBC, remembering to send a copy to the Claimant of course.

shariifi said:

D1 At which County Court hearing centre would you prefer the small claims hearing to take place and why?

What's the answer to put in for reason Why? Its not mentioned in the NEWBIES

Bargepole's 'what happens when' post linked from the NEWBIES thread suggests...

D1 = name of your local County Court – unless you are a Ltd company, the case files will be transferred there

Why? - because it is your local court.

Coupon-mad

Out of interest, are any of the questions in the DQ they sent you, already pre-answered?

shariifi

KeithP said:

shariifi said:

I have not received a DQ form from the court within a week of filing a defence (Defence was received on 21/12/2021 by court).

Your expectation is too high.
Where did you get the 'within a week' idea from?

The CCBC sent you a letter, or will send you a letter, saying the Claimant had 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 DQ 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 to the CCBC, remembering to send a copy to the Claimant of course.

shariifi said:

D1 At which County Court hearing centre would you prefer the small claims hearing to take place and why?

What's the answer to put in for reason Why? Its not mentioned in the NEWBIES

Bargepole's 'what happens when' post linked from the NEWBIES thread suggests...

D1 = name of your local County Court – unless you are a Ltd company, the case files will be transferred there

Hi KeithP

I got it from here: https://forums.moneysavingexpert.com/discussion/comment/71763411#Comment_71763411
It says "You wait for the DQ from the court and this is how you fill it out. If the DQ does not arrive within a week, check with the court."

Redx

shariifi said:

KeithP said:

shariifi said:

I have not received a DQ form from the court within a week of filing a defence (Defence was received on 21/12/2021 by court).

Your expectation is too high.
Where did you get the 'within a week' idea from?

The CCBC sent you a letter, or will send you a letter, saying the Claimant had 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 DQ 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 to the CCBC, remembering to send a copy to the Claimant of course.

shariifi said:

D1 At which County Court hearing centre would you prefer the small claims hearing to take place and why?

What's the answer to put in for reason Why? Its not mentioned in the NEWBIES

Bargepole's 'what happens when' post linked from the NEWBIES thread suggests...

D1 = name of your local County Court – unless you are a Ltd company, the case files will be transferred there

Hi KeithP

I got it from here: https://forums.moneysavingexpert.com/discussion/comment/71763411#Comment_71763411
It says "You wait for the DQ from the court and this is how you fill it out. If the DQ does not arrive within a week, check with the court."

The within a week is after you know that the CCBC posted it , as would be shown in your MCOL claim history

KeithP

shariifi said:

KeithP said:

shariifi said:

I have not received a DQ form from the court within a week of filing a defence (Defence was received on 21/12/2021 by court).

Your expectation is too high.
Where did you get the 'within a week' idea from?

The CCBC sent you a letter, or will send you a letter, saying the Claimant had 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 DQ 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 to the CCBC, remembering to send a copy to the Claimant of course.

shariifi said:

D1 At which County Court hearing centre would you prefer the small claims hearing to take place and why?

What's the answer to put in for reason Why? Its not mentioned in the NEWBIES

Bargepole's 'what happens when' post linked from the NEWBIES thread suggests...

D1 = name of your local County Court – unless you are a Ltd company, the case files will be transferred there

Hi KeithP

I got it from here: https://forums.moneysavingexpert.com/discussion/comment/71763411#Comment_71763411
It says "You wait for the DQ from the court and this is how you fill it out. If the DQ does not arrive within a week, check with the court."

Ah... but that wasn't within a week of filing a Defence though.

shariifi

Hi KeithP

I have received a Notice of Allocation to the Small Claims Track (Hearing).

The letter states that ‘Unless the claimant does by 4.00pm on the 06 May 2022 pay to the court the trial fee of £85 or file a properly completed application (i.e. one which provides all the required information in the manner requested) for help with fees, then the claim will be struck out with effect from 06 May 2022 without further order and, unless the court orders otherwise, you will be liable for the costs which the defendant has incurred.

Can you please explain what the above statement means to the defendant. Does it mean only claimant pays the fee?

What is the next Step. Shall I send the Witness Statement now to the Court. Can this be done via email (What's email to send the WS to?).

Coupon-mad

The claimant has to pay a hearing fee.  This is all normal.

Read the section in the NEWBIES thread under the red heading about knowing what happens when.

Yoh know the Govt published a draft new Code of Practice in February and the added fake £70 'debt recovery fees' are banned as 'extortion'?

If you've missed all this you need to read the forum more as this will be in your WS.

shariifi

Received WS from claimant, they have included the following:
The amount of the parking charge falls within the “between £50 to £100” bracket quoted at paragraph 

111 of Parking Eye -v- Beavis [2015]. It is also in keeping with the guidelines given by the ATA: - 

“Part 20.5 of the BPA COP states “We would not expect this amount to be more than £100. If the 

charge is more than this, operators must be able to justify the amount in advance”.

27. The amount charged is set at a rate that covers the operational costs of the parking management 

scheme and acts as a deterrent, as was found to be appropriate in Parking Eye -v- B

Is this true, can they claim £100 on the initial pcn issued. The original pcn was £100 but the court claim showing £160

Umkomaas

It will be the added 'debt collection/admin' charge of £60 that's bumped it up to £160. That added charge is to be outlawed by the Govt in the new Code of Practice as it is 'designed to extort money from motorists'.  You need to build this in to your WS. That posted by @ricky_balboa covers this very well. 

I'm a bit concerned that the Claimant has submitted their WS before you see to have submitted yours. Is this correct?  What deadline do you have for your WS to be submitted?

shariifi

The claimant submitted their WS on 10th of May. Court hearing is on 30th of May.