Defence Letter Court Claim

Coupon-mad

Pixywixie said:

Hello all.

I am filling in my Directions Questionnaire. I am stuck on D1 (Do you consider that this claim is suitable for determination without a hearing? If no, please state why not.)

I can’t seem to find a template/standard response searching through the forum

Does this sound OK?:

This case requires the judge to hear directly from myself so that the reasons for the parking dispute can be explained in full detail

It's fully discussed in the thread about the N180 by @Grizebeck, in June.

Pixywixie

The parking company emailed me to say they have discontinued court claims and attached the N279 Notice of Discontinuance.

However, I have not received a letter of cancellation of the hearing from the small claims court. I am now one day late to submit my witness statement and unsure what to do. I have been ringing everyday and am on hold for an hour. No response from the email address of the small claims court either.

Pixywixie

Can I just safely assume that the hearing is cancelled? Or should I ask to postpone my hearing date and will that get me a new 2 week window to submit my witness statement?

Le_Kirk

You should submit your WS and continue as normal until you receive confirmation from the court that the hearing is vacated, as we have come across instances where the claimant has sent a N279 and then failed to tell the court and the court has issued a judgment in default because the defendant failed to file and serve the WS.  When you do send the WS, don't mention it is late!

Umkomaas

The parking company emailed me to say they have discontinued court claims and attached the N279 Notice of Discontinuance.

Sounds good. Looks like Wally (aided and abetted- and invoiced - by DCB Legal?) has done another runner. Typical actions of a bully when faced by someone who fights back. 

Well done, but do get your WS to make sure you've completed all the tasks required by the court. 

Coupon-mad

Send your WS and evidence as normal, but also attaching the NOD and asking the court to either place your bundle with the hearing file, or confirm by return, that the hearing has been vacated.

If this is DCBLegal, please update a post on the thread by @Umkomaas, because we are counting DCBLegal discontinuances.

ANOTHER ONE BITES TGE DUST!

Congrats!

And we sincerely hope you are au fait with the need to respond to the final Govt Public Consultation later this year?

Hopefully it will be open in the Autumn.

We all need to ram that nail in the coffin of the proposed and excessive £130 'London level' that nobody asked for, and the false £70 'DRA fee' add-on, that actually funds the court claim and toxic CCJ culture, as well as the DRA gaslighting of people, pre-action.

If PPCs manage to turn around the decision on banning the gaslighting/claim-funding 'fees' then the DLUHC will be rubber-stamping £200 parking charges and if that happens, they (Government) and the PPCs will wreck high streets and people's lives - whoever is responsible if that happens (and it very nearly did in 2021) must hang their heads in shame.

Just checking you are among those ready to respond to the questions as you have personal experience of how this crap feels. You'll need to bookmark the thread by MSE_JC at the top of the forum and enable (on your profile) email alerts for bookmarked threads.

Pixywixie

Thank you for the responses and help, they were really appreciated. I have bookmarked MSE_JC’s thread.

I emailed the NOD and WS as advised and have heard nothinb from the court. The Hearing is tomorrow. Shall I go in and turn up?

Umkomaas

I emailed the NOD and WS as advised and have heard nothinb from the court. The Hearing is tomorrow. Shall I go in and turn up?

Have you phoned the court?  They are best to answer your question.