County Court Claim - Defence + Counterclaim

Redx

Then you should check with clerkenwell court , seeing as it's gone there

My thoughts are , the defendant gets to choose the court , so as the claimant is now only a defendant , you are now the claimant , but because the new defendant is a business , different rules have applied due to the claim and counter claim , in other words , it's complicated

You are asking for legal advice on a parking charge notice forum , we are not allowed to give legal advice , only opinions

My opinion is check with the allocated court if they need anything from you at this time.

If clerkenwell is not your court of choice , then maybe see if it can be transferred and at what cost , if any ( if it matters to you )

We tend to see claims with no counter claims , and the odd claim plus counter claim where the parking company doesn't discontinue , I don't think I have seen a case like yours.

You can always ask for guidance on legal beagles or pepipoo

Imho , it is what it is , which won't matter if it's a video hearing or a telephone hearing , only if it was an in person hearing

Coupon-mad

It probably can't be transferred because Clerkenwell takes cases from South London.  Bargepole has mentioned this before.

theeagleman

I have also not seen a similar case to this, where it has eventually been dropped after a counterclaim.

Sorry, no intention to blur the lines between opinion and legal advice.

I am happy to attend that particular court.

Called the customer service number and they told me that only contact with the court is via email only.

DQ on its way from the initial claim by PPC.

Just a waiting game i think.

Not sure if they will send out another DQ in regards to the CC though.

Coupon-mad

 No you only get one DQ.  Check MCOL
next week to make sure it shows as received.

theeagleman

Coupon-mad said:

 No you only get one DQ.  Check MCOL
next week to make sure it shows as received.

I see.

I have not received nor filled in any DQ at all this stage.

I am also not sure why it got allocated to that court, prior to filling in the DQ.

I will just send out the DQ and also still request it at the same court which it was filed in i.e. clerkenwell.

DQ email still the same as in the newbies thread (same email as defence and CC sent to), plus will send a copy to UKPC and their legal team.

I think it would be better to cc in UKPC and DCBL in the same email.

Coupon-mad

I told you in an earlier reply why it got allocated to a court, because its a counterclaim.  It works that way.

DQ email still the same as in the newbies thread (same email as defence and CC sent to), plus will send a copy to UKPC and their legal team.

I already told you - NO.

Read my reply about how DQs for counterclaims work.

theeagleman

Coupon-mad said:

I told you in an earlier reply why it got allocated to a court, because its a counterclaim.  It works that way.

Got it - thanks.

I already told you - NO.

Read my reply about how DQs for counterclaims work.

Sorry was a bit confused.

For clarifcation: I await a DQ through the post and then will send off?

Then check MCOL to confirm that the DQ was received? 

Further clarification: No DQ was sent to me as of yet, and no DQ has been sent (online version) by me either.

Apologies for the reiteration.

Coupon-mad

For clarifcation: I await a DQ through the post and then will send off?

Yes. 

Then check MCOL to confirm that the DQ was received? 

No, because as I said the other day, I doubt the letter will tell you to send it to the CCBC.  It will say the local court (and claimant's solicitor) in my experience as CCs are handled locally.

MCOL was only relevant whilst the case wasn't allocated out to a court.

theeagleman

Gotcha, thanks.

theeagleman

Update - received just now through post

1. Received a N173 (to pay fee) with envelope dated 31.12.2021 - fee already paid
2. (i) Received a N271 - transfer of proceedings to local court
2 (ii) N149A - proposed allocation
2 (iii) DQ to fill in and send back to local court by 24/01/2022
Envelope for (2) above dated 06.01.2022

Its either the court was slow sending it out, or the postage system is on some skeleton service (think a mix of both).

Questions:
- can i file the DQ via email to the local court? i presume, yes.
- Will serve to DCBL also via email, but to their generic email or to the person whom has mainly sent out the emails to me? (i accept its a silly question)