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County Court Claim with Highview/DCB Legal

2

Comments

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 7 March 2022 at 1:31PM
    Ok there are some typos and bits that I suggest changing here:

    7.Once in the alleged Permit Area, there are no discernible markings to alert a driver that the permit area has begun or which bays are permit only. The parking is continuous with no barriers or gates to separate the free parking with permit parking, no difference in bay marking or road markings to say otherwise. 


    (I've removed the final sentence there - not needed and it was hard to understand).

    Also here is the rest of the new template I've drafted this past week. It replaces point 4 onwards of the old template defence, albeit you will need to re-number it all:

    https://forums.moneysavingexpert.com/discussion/comment/79031299/#Comment_79031299

    Debt recovery 'cost/fees' are now banned from being added to parking charges, and that new wording explains to a Judge why that is relevant for existing cases, too.

    For how to submit your signed/dated defence, do revert to the Template Defence thread and the 12 steps that also cover what to do next.

    Make sure you get the acknowledgement email from the CCBC because you are not safe (sure the defence is in) till you see that!



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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Mcmerta
    Mcmerta Posts: 14 Forumite
    10 Posts Name Dropper First Anniversary
    Thank you, I've already found your new draft and placed it into my document. I have renumbered it all also

    Thanks again for your help
  • Mcmerta
    Mcmerta Posts: 14 Forumite
    10 Posts Name Dropper First Anniversary
    edited 10 March 2022 at 10:29AM
    Hi.

    I've emailed this twice now (yesterday and today) and not received any confirmation email back. I have sent it to the email address in the point #4 in the template post. Both were sent within business hours

    Is this common or can I use an alternative email?

    Thanks

    UPDATE: Did a little digging and found that gmail email address can have a little trouble, so sent from a hotmail address and got the reply straight away, just incase anyone else is having the same problem
  • Mcmerta
    Mcmerta Posts: 14 Forumite
    10 Posts Name Dropper First Anniversary
    Hi, after a year of waiting this has finally been sent to the local court and I have received the form to say no to having the case read on papers. My question is, does this have to be handed into the court by hand, or can it it be posted or emailed? If emailed, where can I find an email address? its at Sheffield County Court. It also says on the form for a copy to be sent to the other party, again I am assuming that part can be done via email like the previous steps?

    Thanks again all
  • B789
    B789 Posts: 3,441 Forumite
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    edited 2 April 2023 at 12:46PM
    Mcmerta said:
    Hi, after a year of waiting this has finally been sent to the local court and I have received the form to say no to having the case read on papers. My question is, does this have to be handed into the court by hand, or can it it be posted or emailed? If emailed, where can I find an email address? its at Sheffield County Court. It also says on the form for a copy to be sent to the other party, again I am assuming that part can be done via email like the previous steps?
    I'm a bit confused by the above. Are you referring to an N180 DQ? If not, then you can find the email address of your local court (Sheffield CC) using your friend, Google. This took less than 5 seconds to find: https://www.find-court-tribunal.service.gov.uk/courts/sheffield-combined-court-centre

    The rest of your question has been answered by yourself.

    For the rules on how to format and send anything to the court once proceedings have begun is here: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part05/pd_part05b

    In particular, 3.6 tells you what has to be in the subject line of the email to the court.
  • Mcmerta
    Mcmerta Posts: 14 Forumite
    10 Posts Name Dropper First Anniversary
    B789 said:
    Mcmerta said:
    Hi, after a year of waiting this has finally been sent to the local court and I have received the form to say no to having the case read on papers. My question is, does this have to be handed into the court by hand, or can it it be posted or emailed? If emailed, where can I find an email address? its at Sheffield County Court. It also says on the form for a copy to be sent to the other party, again I am assuming that part can be done via email like the previous steps?
    I'm a bit confused by the above. Are you referring to an N180 DQ? If not, then you can find the email address of your local court (Sheffield CC) using your friend, Google. This took less than 5 seconds to find: https://www.find-court-tribunal.service.gov.uk/courts/sheffield-combined-court-centre

    The rest of your question has been answered by yourself.

    For the rules on how to format and send anything to the court once proceedings have begun is here: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part05/pd_part05b

    In particular, 3.6 tells you what has to be in the subject line of the email to the court.
    Its a form from the courts named N159 Response. 

    "Reply to the court

    I do not agree that the claim be dealt with on the papers alone"

    And thanks for the other information.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    N159 is the simplest form ever. Tick box B.
  • Mcmerta
    Mcmerta Posts: 14 Forumite
    10 Posts Name Dropper First Anniversary
    @KeithP wasnt quite the form as per the .gov website but one where it seemed to be created the the county court itself. Was no boxes to tick, just to sign and send back if you didnt want it heard by papers. Its been sent anywho

    Onto another point, it says on the letter that each party must deliver to the other party and the court of any document which the party intends to rely on by no later of 4pm on 21st April. I am right to assume that at the later stage all I need to submit is the WS? The defence was filed a while ago so only this needs to be done now?

    Thanks in advance
  • Umkomaas
    Umkomaas Posts: 43,843 Forumite
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    Onto another point, it says on the letter that each party must deliver to the other party and the court of any document which the party intends to rely on by no later of 4pm on 21st April. I am right to assume that at the later stage all I need to submit is the WS? The defence was filed a while ago so only this needs to be done now?
    It means your WS and Evidence Bundle (and the Claimant's) must be filed with the court, and a copied to the Claimant (their solicitors) by 4pm 21st April.  You should also receive the Claimant's WS and Evidence Bundle by the same date. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

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  • Mcmerta
    Mcmerta Posts: 14 Forumite
    10 Posts Name Dropper First Anniversary
    Umkomaas said:
    Onto another point, it says on the letter that each party must deliver to the other party and the court of any document which the party intends to rely on by no later of 4pm on 21st April. I am right to assume that at the later stage all I need to submit is the WS? The defence was filed a while ago so only this needs to be done now?
    It means your WS and Evidence Bundle (and the Claimant's) must be filed with the court, and a copied to the Claimant (their solicitors) by 4pm 21st April.  You should also receive the Claimant's WS and Evidence Bundle by the same date. 
    Thank you, working on it all as we type!
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