Zellig Car Park, Deritend, Birmingham

KeithP

AndreasA said:

Hi everyone,

I got an auto-response from CCBCAQ, but nothing else from them. I just got an acknowledgement from Gladstones 3 days ago. This was the message:

"We act for the Claimant and have notified the Court of the Claimant’s intention to proceed with the Claim. 
Please find enclosed a copy of the Claimant’s completed Directions Questionnaire, which has also been filed with the Court." 

I have attached said completed Directions Questionnaire here. Any advice on next steps would be great.. 

To save me repeating everything, can I refer you to my post on 14th February on this very thread?

AndreasA

Hi everyone, I've still not received a blank DQ ... Just checked CCBC online again, but there's nothing there. 

Do I just keep waiting for it? 

KeithP

It's not even three weeks since you filed a Defence.

The wheels of justice grind slowly.

AndreasA

Fair enough ! 

AndreasA

Hi everyone, new update from me and it's a bit of a sticky one. I am abroad at the moment and have had someone go around and check my post and have been sent the Small Claims Track form, but it would have arrived sometime after I left (7th of April). It's dated for the 3rd, so my guess is it might have arrived on the day I left or later. Whatever the case, I've now been sent a picture by my friend who's looking after the house. The deadline is the 20th to complete it and file it. 

Main question. What do I do? Can I get someone else to fill it out for me and then send it? I was going to contact the Small Claims Track for advice but they aren't open yet, so thought it best to ask here first and foremost.
Also am I correct that I need to send it to the County Court and also to the other side?

In the form there is also a step D1 (Suitability for determination without a hearing). I have read through the Newbie Thread but that particular point isn't there.

It reads: "D1: Do you consider that this claim is suitable for determination without a hearing, i.e. by a judge reading and considering the case papers, witness statements and other documents filed by the parties, making a decision, and giving a note of reasons for that decision?" 

Going further, regarding the Hearing Venue. Is there a list of these anywhere? Just want to make sure I don't put a wrong one in there. What reason should one give for wanting to go to that one in particular?

This is followed by Yes/No with a box to fill if you state No. 

Thanks everyone.

Umkomaas

have been sent the Small Claims Track form, 

If what you mean is the N180 Directions Questionnaire, then you can simply download a copy from the internet, complete it on line and submit it electronically to the CCBC and the claimant's solicitors. Easiest part of the process. Don't forget to get all dates you are unavailable for a court hearing detailed - and put extra days to 'top and tail' those dates as you don't want to face a hearing the day before or day after your actual days of non-availability. 

In the form there is also a step D1 (Suitability for determination without a hearing). I have read through the Newbie Thread but that particular point isn't there.

Answered here:

https://forums.moneysavingexpert.com/discussion/6364201/new-questions-on-the-n180-form/p1

AndreasA

Umkomaas said:

have been sent the Small Claims Track form, 

If what you mean is the N180 Directions Questionnaire, then you can simply download a copy from the internet, complete it on line and submit it electronically to the CCBC and the claimant's solicitors. Easiest part of the process. Don't forget to get all dates you are unavailable for a court hearing detailed - and put extra days to 'top and tail' those dates as you don't want to face a hearing the day before or day after your actual days of non-availability. 

In the form there is also a step D1 (Suitability for determination without a hearing). I have read through the Newbie Thread but that particular point isn't there.

Answered here:

https://forums.moneysavingexpert.com/discussion/6364201/new-questions-on-the-n180-form/p1

Thanks a lot! Found a form-fillable PDF online if that's what you were referring to? Just need clarification on where to submit it? Is there an online portal for it? I've just had all my bookmarks etc wiped so can't recall. 

AndreasA

I found the following to answer D1.

"I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party.  I feel strongly after all these years of intimidating demands from this aggressive parking firm and their agents, that I need a voice at an attended hearing.  

I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions. 

Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question."

However this does not fit in the PDF version online!

Umkomaas

However this does not fit in the PDF version online!

We'll crop it down so that it will fit!

Le_Kirk

AndreasA said:

Thanks a lot! Found a form-fillable PDF online if that's what you were referring to? Just need clarification on where to submit it? Is there an online portal for it? I've just had all my bookmarks etc wiped so can't recall. 

If you are following the 12-steps from the template defence or if you received a post from @KeithP you would have that you send it to the same e-mail address as your defence.